| 32 |
Can members of the legislature be held accountable for their actions? |
| |
| |
32a:
In law, the judiciary can review laws passed by the legislature.
|
| |
| Score: |
YES |
NO |
 |
|
| |
Comments:
References: Constitutional law of the Republic of Kazakhstan on parliament of the Republic of Kazakhstan and the status of its deputies, Oct. 16, 1995, #2529 (with changes and additions in accordance with the state on June 19, 2007), Article 13
Civil Procedure Code of the Republic of Kazakhstan (with changes and additions in accordance with the state on May 7, 2008), Article 283
Constitutional law of the Republic of Kazakhstan, Dec. 11, 2006, #200-III (see old wording), point 1, introduced amendments
|
| |
32b:
In practice, when necessary, the judiciary reviews laws passed by the legislature.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| |
32c:
In law, are members of the national legislature subject to criminal proceedings?
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: Deputies of Parliament, during the term of their authority, cannot be arrested, detained or liable to the measures of administrative penalty imposed by judicial order. Nor can criminal proceedings be instituted against them without consent of the corresponding chamber, except in cases of grave crimes.
References: Constitutional law of the Republic of Kazakhstan on parliament of the Republic of Kazakhstan and the status of its deputies, Oct. 16, 1995, #2529 (with changes and additions in accordance with the state on June 19, 2007), Article 32
Peer Review Comments: They can be prosecuted for grave crimes.
|
| 33 |
Are there regulations governing conflicts of interest by members of the national legislature? |
| |
| |
33a:
In law, members of the national legislature are required to file an asset disclosure form.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: On the basis of the current law, persons authorized to perform state functions all officials, deputies of Parliament, judges and persons equal to them bear the responsibility for corruption offenses.
Candidates for a state post or a post connected with performing the functions of the state or equal to them file a disclosure form to a tax body. From Article 9
References: Law of the Republic Kazakhstan, July 2, 1998, #267-I (as of July 27, 2007), Articles 3, 9
Peer Review Comments: This declaration goes to the tax office.
|
| |
33b:
In law, there are restrictions for national legislators entering the private sector after leaving the government.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: Neither document contains any articles restricting members of Parliament from engaging in private-sector activities after they leave state service.
References: Constitution of the Republic of Kazakhstan
Law of the Republic of Kazakhstan on fighting against corruption, July, 2, 1998, #267-I (with changes and additions in accordance with the state on July 27, 2007)
|
| |
33c:
In law, there are regulations governing gifts and hospitality offered to members of the national legislature.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: Law of the Republic of Kazakhstan on fighting against corruption, July, 2, 1998, #267-I (with changes and additions in accordance with the state on July 27, 2007), Article 13
|
| |
33d:
In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: Law of the Republic of Kazakhstan on fighting against corruption, July, 2, 1998, #267-I (with changes and additions in accordance with the state on July 27, 2007), Article 9
|
| |
33e:
In practice, the regulations restricting post-government private sector employment for national legislators are effective.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| |
33f:
In practice, the regulations governing gifts and hospitality offered to national legislators are effective.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| |
33g:
In practice, national legislative branch asset disclosures are audited.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| 34 |
Can citizens access the asset disclosure records of members of the national legislature? |
| |
| |
34a:
In law, citizens can access the asset disclosure records of members of the national legislature.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: Law of the Republic of Kazakhstan on fighting against corruption, July, 2, 1998, #267-I (with changes and additions in accordance with the state on July 27, 2007), Article 9
|
| |
34b:
In practice, citizens can access legislative asset disclosure records within a reasonable time period.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| |
34c:
In practice, citizens can access legislative asset disclosure records at a reasonable cost.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| 35 |
Can citizens access legislative processes and documents? |
| |
| |
35a:
In law, citizens can access records of legislative processes and documents.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: Neither the Constitutional law of the Republic of Kazakhstan on parliament of the Republic of Kazakhstan and the status of its deputies, Oct. 16, 1995, #2529 (with alterations and additions in accordance with the state on June 19, 2007) nor the Constitution of the Republic of Kazakhstan (adopted on referendum on Aug. 30, 1995) (with alterations and additions in accordance with the state on May 21, 2007) do not contain articles regulating citizens access to records or documents relating to the legislative processes.
References: Normative decision of the Constitutional Council of the Republic of Kazakhstan, April 18, 2007, 4, on official interpretation of point 2 of article 12; points 2 and 8 of article 62; point 1 of article 76; and sub-items 3 and 5 of point 3 of article 77 of the Constitution of the Republic of Kazakhstan
Special law regulating the order of development, representation, discussion, introduction into action and publication of legislative and other normative legal acts, March, 24,1998, #213-1
|
| |
35b:
In practice, citizens can access records of legislative processes and documents within a reasonable time period.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| |
35c:
In practice, citizens can access records of legislative processes and documents at a reasonable cost.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
Global Integrity uses a