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THE CONCLUSION

The carried out research of a konstitutsionno-legal status of Parliament RK allows to formulate following conclusions.

1. Parliamentarism represents a universal category and can be considered in several aspects.

First, as set of the signs characterising a highest level of the organisation of public authority. These signs concern:

 The constitutional positioning by the state of as parliamentary state or at least the state with the mixed form of government;

 Presence of the legislative and representative state body representing all levels of population;

 Konstitutsionno-legal fastening and actual realisation of the status of parliament as independent and independent of other branches of the power of public authority;

Secondly, as constitutional law institute under parliamentarism it is necessary to understand set of the konstitutsionno-rules of law establishing a legal status of parliament, regulating an order of its formation and functioning, its interaction with other branches of the government and the population.

2. The Kazakhstan parliamentarism has passed four basic stages of formation and the functioning, characterised by gradual transition from enough strong representative authority having influence in system of the government, to domination of the presidential power.

3. The parliamentarism model in RK is characterised as not finished, as in spite of the fact that in Constitution RK basic principles of parliamentarism are proclaimed, in practice they

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Are realised not to the full. Norms of Constitution RK do not provide system of controls and counterbalances in full degree: Government RK is to a lesser degree politically responsible before Parliament RK in comparison with many other things the semipresidential states. The government in all activity is responsible before the President of Republic, and in rare instances, provided by the Constitution, — before Mazhilis of Parliament and Parliament as a whole. In our opinion, the Republic Kazakhstan actually remains presidential republic.

4. In constitutional legislation RK restriction of independence of Parliament RK, and also a divergence of officially fixed status of Parliament RK and its real embodiment in a life is observed. It is necessary for Parliament RK of the status of really independent and independent state body to develop the effective mechanism of controls and counterbalances of the presidential power for giving. In particular, in questions of parliamentary elections as the existing electoral system completely "is arranged" under President RK. And consequently at any parity of political forces the actual power in the state remains at President RK.

With a view of decrease in influence of President RK on formation of the Senate and Mazhilis, maintenance of realisation of a principle of the equal suffrage and conformity of elections in RK the complex of the measures directed on change of procedure of elections of deputies of the Senate and Mazhilis of Parliament RK is offered to the Copenhagen document of OSCE.

5. For maintenance of realisation of a principle of political and ideological variety, elimination of uncontested political domination of party of President RK «Nur Otan» in political system of Kazakhstan it is recommended to bring respective alterations and additions in Law RK «About political parties».

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6. The analysis of constitutional legislation RK has shown, that in it the status of deputy associations is insufficiently settled, there are blanks in the rules of law regulating bases of creation, functioning and the termination of activity of fractions and deputy groups. Now norms about deputy associations contain not only in the Constitutional law «About Parliament of Republic Kazakhstan and the status of its deputies», but also in regulations of the Senate and Parliament RK Mazhilis. In our opinion, it contradicts rules of legal technics. So, according to Law RK «On standard legal acts» from March, 24th, 1998 the regulations are understood as the standard legal act regulating an internal order of activity of any state body and its structural divisions. We believe, that deputy associations are not such structural division. Thereupon it is offered to develop the independent chapter of Constitutional law RK «About Parliament of Republic Kazakhstan and the status of its deputies».

7. The analysis of legislative function of Parliament RK has shown, that there is a necessity of expansion of a circle of subjects of the legislative leadership. First, at the expense of inclusion of Constitutional Council RK and Supreme Court RK; secondly, at the expense of expansion of the national legislative leadership, i.e. according a right to citizens in number of not less 50 thousand to introduce bills. Besides, in legislation RK it is offered to fix possibility for subjects not only legislative, but also the legislative initiative to bring along with bills legislative proposal.

8. The institute of the parliamentary control in details is not developed in the Kazakhstan legislation and demands the further scientific researches. Some articles of Constitution RK are designed unsuccessfully as contain the norms simultaneously fixing the different parliamentary

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Functions: both legislative, and control, and personnel, that is the given functions are differentiated insufficiently accurately.

9. Such form of the parliamentary control, as deputy inquiries demands more detailed regulation in constitutional legislation RK. It is necessary to make changes and additions to Constitutional law RK «About Parliament RK and the status of its deputies» from October, 16th, 1995 and to provide independent article «the Order of entering and consideration of deputy inquiries» in which will find norm reflexion about the form, requisites, terms and an order of giving of deputy inquiry, an order and terms of the answer to deputy inquiry, about responsibility for evasion from a summer residence of the answer to deputy inquiry, representation of the false information and non-observance of terms of representation of the answer.

10. The institute of parliamentary investigations demands more detailed regulation. In particular, addition of Constitutional law RK about Parliament and the status of its deputies articles about objects and subjects of parliamentary investigations, powers of these subjects and an order of carrying out of procedure is necessary. It is necessary to establish limits of parliamentary investigations, that is to designate a subject of parliamentary investigations. In particular, parliamentary investigation should be spent on the facts of rough or mass infringement of the rights guaranteed by the Constitution and freedom of the person and the citizen; on the facts of extreme situations of natural and technogenic character; on the facts of gross violation of financial discipline.

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A source: Toleubekov Ajan Toleubekuly. THE PARLIAMENT KONSTITUTSIONNO-LEGAL STATUS REPUBLICS Kazakhstans. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow - 2015. 2015

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