On Committees and Commissions of the Parliament of the Republic of Kazakhstan of the Law on Committees and Commissions of the Parliament of the Republic of Kazakhstan
The Law of the Republic of Kazakhstan dated May 7, 1997 No. 101-1.
Chapter 1. General provisions
Article 1. The working bodies of the Parliament of the Republic of Kazakhstan are the Standing Committees of the Senate and the Mazhilis, as well as joint commissions of the Chambers.
Article 2. The powers and procedures of the standing Committees of the Senate and Mazhilis, commissions of the Chambers are determined by the Constitution of the Republic of Kazakhstan, the Constitutional Law of the Republic of Kazakhstan "On the Parliament of the Republic of Kazakhstan and the Status of its Deputies", this Law, other legislative acts of the Republic of Kazakhstan, regulations of the Parliament and its Chambers.
The footnote. Article 2 was amended by the Law of the Republic of Kazakhstan dated May 19, 1999 No. 384.
Article 3. The Standing Committees of the Senate and the Mazhilis are formed from among the deputies of the relevant Chamber at the first session of Parliament.
The number of standing committees of the Senate and the Mazhilis and their names are determined at meetings of the Senate and the Mazhilis on the proposal of deputies of the respective Chambers.
If necessary, new standing committees may be formed, previously established ones may be abolished and reorganized.
Chapter 2. The procedure for the formation of committees and commissions of the Parliament of the Republic of Kazakhstan
Article 4. The number of standing committees formed by the Senate and the Mazhilis should not exceed seven in each of the Chambers.
Article 5. The number of members of the relevant Standing Committees of the Senate and the Mazhilis is determined by the Chamber.
Article 6. The election of the Chairmen of the Standing Committees of the Senate and the Mazhilis is carried out after determining the number and names of the committees.
Article 7. The Chairmen of the standing Committees of the Chambers are elected from among the deputies by open or secret ballot at a meeting of the Senate or the Mazhilis by a majority vote of the total number of deputies of the Chamber.
The parliamentary opposition has the right to nominate candidates from among its deputies for the positions of chairmen of the standing Committees of the Mazhilis of Parliament.
The Chairman of one of the standing committees of the Mazhilis of Parliament is elected from among the deputies nominated from the parliamentary opposition (if any), in accordance with the procedure provided for in part one of this article.
The footnote. Article 7 - as amended by the Law of the Republic of Kazakhstan dated 06/02/2020 No. 340-VI (effective from 01/01/2021); as amended by the Law of the Republic of Kazakhstan dated 11/05/2022 No. 157-VII (effective ten calendar days after the date of its first official publication).
Article 8. Candidates for the position of Chairman of the relevant Standing Committee are nominated by the deputies of the Chamber.
Article 9. A candidate for the position of Chairman of the Standing Committee of the Senate or the Mazhilis is given the right to address the deputies of the Chamber. After the candidate's speech, deputies have the right to ask him questions and express their opinion on the candidate. The candidate for the position of chairman of the committee of the Chamber is given time to answer questions from deputies. The candidates are discussed in accordance with the procedure established by the rules of procedure of the Chambers.
Article 10. If more than two candidates are nominated for the position of Chairman of the Standing Committee and if none of them received a majority of votes from the total number of deputies of the Chamber during the voting, a repeat vote is held on the two candidates who received the largest number of votes.
In case of repeated voting, the candidate with the highest number of votes is considered elected to the position of Chairman of the Standing Committee.
Article 11. The Chairman of the Standing Committee of the Senate, the Mazhilis is a member of the Bureau of the relevant Chamber.
Article 12. The Chairman of the Standing Committee may be dismissed by a majority vote of the total number of deputies of the relevant Chamber on the initiative of at least two thirds of the total number of committee members.
Article 13. The Chairman of the Standing Committee has the right to resign, which is considered accepted if the majority of the total number of deputies of the Chamber voted for it.
Article 14. After the election of the Chairmen of the Standing Committees of the Senate and the Mazhilis, the members of the committees are elected at a meeting of the Chamber.
Article 15. When forming the composition of the standing Committees of the Chambers, the deputy's right to choose the committee where he would like to work is taken into account.
Article 16. The Chairmen of the Senate and the Mazhilis and their deputies may not be members of the Standing Committees of the Chambers.
Article 17. A member of the Parliament of the Republic may be a member of only one standing committee.
A deputy is authorized to move from one standing committee to another. The decision on the transfer of a deputy from one standing committee to another is made by a resolution of the Chamber in accordance with the procedure determined by its Rules of Procedure.
Article 18. A member of Parliament has the right to participate in meetings of committees and commissions of Parliament, of which he is not a member, with the right of an advisory vote.
Article 19. The Secretary of the Standing Committee of the Senate or the Mazhilis is elected at a meeting of the relevant committee from among its members by an open vote by a majority vote of the total number of members of the committee of the Chamber.
The parliamentary opposition has the right to nominate candidates from among its deputies for the posts of secretaries of the standing Committees of the Mazhilis of Parliament.
The secretaries of the two standing Committees of the Mazhilis of Parliament are elected from among the deputies nominated from the parliamentary opposition (if any), in accordance with the procedure provided for in part one of this article.
The Chairman and secretaries of the standing Committees of the Mazhilis of Parliament, elected from among the deputies nominated from the parliamentary opposition, in accordance with part three of Article 7 of this Law and part three of this Article, are elected to various standing committees of the Mazhilis of Parliament.
The footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 06/02/2020 No. 340-VI (effective from 01/01/2021)..
Article 20. Upon the proposal of the Chairman of the Standing Committee and the members of the Committee, the Secretary of the Standing Committee may be dismissed from office if a majority of the total number of committee members voted in favor.
Article 21. The Standing Committees of the Chambers may form sub-committees in their main areas of activity.
The Chairman and the Secretary of the Standing Committee of the Chambers may not be members of the subcommittees of the Committee of the Chambers.
Article 22. In order to resolve issues related to the joint activities of the Chambers, the Senate and the Mazhilis have the right to form joint commissions on a parity basis. The number of joint parliamentary commissions is determined by agreement between the Chambers. The election of the members of the joint commissions is carried out by each Chamber independently.
Article 23. In order to overcome the differences that have arisen on the bills under consideration, the Senate and the Mazhilis shall establish conciliation commissions with an equal number of deputies from each Chamber.
The decision on the need to establish conciliation commissions and on the election of deputies from the Senate and the Mazhilis to their composition is taken at meetings of the Chambers by a majority of the total number of deputies of the Senate and the Mazhilis.
Article 24. In order to exercise the powers provided for in paragraph 1 of Article 47 of the Constitution of the Republic of Kazakhstan, the Parliament forms a special temporary commission consisting of an equal number of deputies from each Chamber and specialists in the relevant fields of medicine.
Article 25. In order to exercise the powers of the Senate provided for in paragraph 2 of Article 47 of the Constitution of the Republic of Kazakhstan, the Senate forms a special temporary commission.
Article 26. In order to exercise the powers of the Senate and the Mazhilis provided for in paragraphs 5) and 6) of Article 57 of the Constitution of the Republic of Kazakhstan, the Chambers of Parliament form special temporary commissions.
Article 27. The procedure for the formation of joint, conciliation, special and other commissions of the Parliament and its Chambers, as well as the election of their chairmen and the dismissal of the chairmen of the joint commissions of the Chambers is determined by the Rules of Procedure of the Parliament, the Rules of Procedure of the Senate and the Mazhilis.
The footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 04/29/2009 No. 154-IV (for the procedure of entry into force, see art. 2).
Article 28. The activities of joint, conciliation and special commissions are temporary, they are limited to a certain period of time and (or) a specific task.
Chapter 3. Powers of committees and commissions of the Parliament of the Republic of Kazakhstan
Article 29. The Standing Committees of the Senate and the Mazhilis are formed to conduct legislative work, preliminary consideration and preparation of issues related to the jurisdiction of the Chamber.
To exercise its powers, the Standing Committee of the Chamber:
1) gives opinions on draft legislative acts, submits proposals to the Bureau of the relevant Chamber on the inclusion of the draft legislative act in the agenda of the plenary session or on the continuation of work on it, or its rejection with a reasoned justification;
2) on the instructions of the relevant Chamber or its Bureau, he acts as the lead on a specific bill or other issue referred to the jurisdiction of the Chamber.;
3) creates working groups to review the submitted draft laws, involves in their composition the initiators of the bill, representatives of government agencies and public associations, scientific institutions, specialists, heads of business entities;
4) submits proposals to the Bureau of the relevant Chamber on the composition of working groups for the development of draft legislative acts;
5) hears the initiators of the draft law on issues related to this legislative act.;
6) prepares proposals to amend and (or) supplement the text of the submitted draft laws, resolutions, and other acts adopted by the Parliament and its Chambers;
7) if he is identified as the head on a draft law or other issue, summarizes the comments and suggestions of the Standing Committees, deputies of the Chamber, prepares an opinion and materials, as well as a co-report.;
8) in order to exercise the powers of the Chambers to give the President consent to the appointment, election, appointment, dismissal and deprivation of immunity of officials of the Republic, discusses the proposed candidates at its meeting and issues a conclusion based on the results of consideration.;
9) makes proposals on the candidacies of deputies of the Chambers delegated to the parliamentary commissions;
10) excluded by the Law of the Republic of Kazakhstan dated 04/29/2009 No. 154-IV (for the procedure of entry into force, see art. 2);
11) by decision of the Bureau of the relevant Chamber, parliamentary hearings on matters of its competence shall be held.;
12) on issues under its consideration, may request the opinions of other Standing Committees of the Chambers, government agencies and their officials, public associations, scientific institutions, specialists;
13) makes proposals on hearing at the session of Parliament the report or information of officials accountable to the Chambers of Parliament;
14) considers issues and proposals submitted by deputies, makes decisions on them, organizes the implementation of the decisions taken, and also monitors their implementation;
15) submits proposals for the adoption of declarations, appeals and statements on general and individual issues of domestic and foreign policy to the Chamber for consideration.;
16) submits proposals to the Bureau of the Chamber on the composition of official parliamentary delegations sent to foreign countries.
The footnote. Article 29 as amended by the Law of the Republic of Kazakhstan dated 04/29/2009 No. 154-IV (for the procedure of entry into force, see art. 2).
Article 29-1. At the suggestion of the President of the Republic, the Standing Committees of the Senate and/or the Mazhilis of Parliament consider other issues and submit relevant conclusions to the Head of State.
The footnote. Supplemented by Article 29-1 - the Law of the Republic of Kazakhstan dated May 19, 1999, No. 384. Article 30. Excluded by the Law of the Republic of Kazakhstan dated 04/29/2009 No. 154-IV (for the procedure of entry into force, see art. 2).
Article 31. The powers of the joint commissions are determined by the deputies at the joint meetings of the Chambers of Parliament at their formation.
Article 32. The powers of the conciliation commissions are limited to the range of issues submitted for their consideration.
Article 33. The powers of special parliamentary commissions are determined by the Constitution of the Republic of Kazakhstan.
Chapter 4. Organization of activity of committees and commissions of the Parliament of the Republic of Kazakhstan
Article 34. Chairman of the Standing Committee of the Senate, Mazhilis:
1) directs the work of the Standing Committee;
2) draws up a work plan and draft agenda for a meeting of the Standing Committee;
3) organizes the execution of instructions given to the members of the Standing Committee by decision of the Committee, the Bureau of the Chamber, the Chamber;
4) performs other duties assigned to him by the Rules of Procedure of the Chamber.
Article 35. Secretary of the Standing Committee of the Senate, Mazhilis:
1) organizes the office work of the Standing Committee and the recording of its meetings;
2) performs the duties of the Chairman of the Standing Committee in case of his absence.;
3) performs other duties assigned to him by the Rules of Procedure of the Chamber.
Article 36. Members of the Standing Committees of the Chambers are obliged to actively participate in the activities of the Committees and carry out their assignments.
Members of the Standing Committees of the Senate and the Mazhilis have the right to a decisive vote on all issues considered at committee meetings.
A member of the Standing Committee may:
1) to elect and be elected chairman, secretary of the committee, to make proposals on these candidates;
2) to propose issues for consideration at a meeting of the committee, to make suggestions and comments on the agenda, the order of consideration and the substance of the issues under discussion;
3) to make proposals for hearing officials at committee meetings on issues within the committee's competence;
4) to amend draft laws, resolutions, and other acts being prepared at the committee meeting;
5) ask questions to the speakers who are chairing the committee meeting;
6) to substantiate their proposals, provide information;
7) to acquaint the members of the committee with the appeals of citizens and public associations;
8) get acquainted with the texts of deputies' speeches in the transcripts and minutes of committee meetings;
9) exercise other powers in accordance with the legislation.
Article 37. A deputy whose proposals have not received the support of the Standing Committee may submit them in accordance with the rules of procedure when discussing this issue at a meeting of the Chamber or Parliament or inform the chairman in writing about them.
Article 38. Deputies, on their own initiative or on behalf of the Standing Committee, study issues within the competence of the committee in their regions and electoral districts, summarize proposals from government agencies, public associations, organizations, as well as citizens, and inform the committee of their conclusions and suggestions.
Article 39. Standing Committees have the right to hear reports from committee members on their participation in the implementation of its decisions and instructions.
Article 40. In the absence of a member of the Standing Committee without valid reasons at committee meetings, penalties are applied to him in accordance with the procedure established by the Constitutional Law of the Republic of Kazakhstan "On the Parliament of the Republic of Kazakhstan and the Status of its Deputies", as well as regulations of the Parliament and its Chambers.
The footnote. Article 40 was amended by the Law of the Republic of Kazakhstan dated May 19, 1999 No. 384.
Article 41. The Standing Committees of the Senate and the Mazhilis are free to choose the forms and methods of their activities in matters of their competence, interact with government agencies and public associations, study and take into account public opinion.
Article 42. Meetings of the Standing Committees of the Senate and the Mazhilis are held as necessary, but at least twice a month.
Article 43. The Chairman of the Standing Committee convenes meetings both on his own initiative and at the suggestion of the Committee's deputies and the Chairman of the Chamber.
Article 44. Meetings of the Standing Committees are open. In cases stipulated by the rules of procedure of the Parliament and its Chambers, closed sessions may be held.
Article 45. The President of the Republic of Kazakhstan, the Prime Minister of the Republic of Kazakhstan and members of the Government of the Republic of Kazakhstan, the Chairman of the National Bank of the Republic of Kazakhstan, the Prosecutor General of the Republic of Kazakhstan, the Chairman of the National Security Committee of the Republic of Kazakhstan, the Chairman and members of the Supreme Audit Chamber of the Republic of Kazakhstan, as well as the State Adviser of the Republic of Kazakhstan, the heads of the Presidential Administration of the Republic of Kazakhstan and the Office of the Government of the Republic of Kazakhstan, Representatives of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan in Parliament have the right to attend any open or closed meetings of the Standing Committees and have the right to be heard.
The footnote. Article 45 - as amended by the Law of the Republic of Kazakhstan dated 04/19/2023 No. 223-VII (effective ten calendar days after the date of its first official publication).
Article 46. Representatives of the mass media may attend public meetings of the Standing Committees, subject to media accreditation in the Chambers of Parliament.
Article 47. Meetings of the Standing Committees of the Chambers are valid if at least two thirds of the total number of their members are present.
Article 48. The meetings of the Standing Committee are chaired by the Chairman of the Committee or the Secretary.
Meetings of the Standing Committees are formalized by minutes. Minutes of committee meetings are signed by the Chairman.
Article 49. The Standing Committees adopt resolutions on issues within their competence by a majority vote of the total number of committee members.
Article 50. Issues related to the competence of several Standing Committees may be prepared and considered jointly by the Committees on the initiative of the Committees themselves, as well as on the instructions of the Chamber or on the recommendation of the Bureau of the Chamber. At the same time, the main standing committee on this issue is determined to coordinate the work, summarize proposals and comments of the Bureau of the Chamber. If such a decision has not been made, the committee that is listed first in the resolution is considered to be the head committee.
Article 51. The Standing Committees have the right to hold joint meetings, they are conducted by the Chairmen of the Committees in agreement with each other. The resolution is adopted by a majority vote of the total membership of each Standing Committee.
Article 52. Standing Committees enjoy equal rights and responsibilities when considering issues within their competence.
If the positions of the Standing Committees differ on the same issue, they take measures to overcome the differences. If the Committees do not reach an agreement, they bring their opinion to the Bureau of the Chambers, which decide on the form of further work on this issue.
When considering issues at a meeting of the Chambers on which the disagreements of the committees have not been overcome, the essence of the disagreements, the measures taken by the Bureau of the Chambers to overcome the differences, and the recommended solution are brought to the attention of the deputies. Voting on such issues is conducted in accordance with the rules of procedure of the Chambers.
Article 53. Representatives of the Standing Committees may address the plenary sessions of the Parliament and its Chambers with reports and co-reports on issues within their competence.
The Standing Committees, on issues submitted by them to the Chambers for consideration, referred to them for preliminary or additional consideration, allocate their own speakers or co-rapporteurs.
On issues prepared jointly by the Standing Committees, the Committees may make joint reports and co-reports, or separately submit their comments, suggestions, and conclusions.
Article 54. Standing committees may establish working groups to prepare the issues under consideration with the involvement of deputies of the Chamber, representatives of ministries, state committees and other central executive bodies, public associations, scientific institutions, as well as specialists and scientists.
Standing Committees have the right to involve specialists of various profiles in their work as experts, as well as appoint an independent expert examination of draft laws.
Article 55. Standing Committees may:
request materials and documents necessary for their activities from government agencies, public associations, organizations and officials;
Invite officials to their meetings and hear them on issues within the competence of the committees.
Government agencies, organizations, and officials are required to provide the Standing Committees with the requested materials and documents, subject to legally protected secrecy.
Article 56. The time limits necessary for the preparation of opinions on the issues considered by the Standing Committee shall be specified in the instruction given by decision of the Chamber or determined by the rules of procedure of the Chambers.
The President of the Republic has the right to determine the priority of consideration of draft laws, which means that the relevant bills must be adopted as a matter of priority within two months.
The footnote. Article 56 as amended by the Law of the Republic of Kazakhstan dated July 11, 2017 No. 91-VI (effective ten calendar days after the date of its first official publication).
Article 57. The organization of the activities of the joint, conciliation and special commissions of the Parliament and its Chambers is similar to the organization of the activities of the Standing Committees of the Chambers.
Article 58. In accordance with subparagraph 5) of Article 57 of the Constitution of the Republic of Kazakhstan, the Chambers of Parliament hold parliamentary hearings on issues of their competence.
Parliamentary hearings in the Chambers of Parliament are held by the decision of the Bureau of the Chambers by the Standing Committees of the Chambers.
The procedure for organizing and holding parliamentary hearings is determined by the rules of procedure of the Chambers of Parliament.
The footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 04/29/2009 No. 154-IV (for the procedure of entry into force, see art. 2).
Chapter 5. Final provisions
Article 59. The coordination of the activities of the Standing Committees is entrusted to the Bureau of the Chambers.
Article 60. Organizational, legal, informational, analytical and other support for the activities of the Standing Committees and their members is provided by the relevant offices of the Chambers of Parliament.
Article 61. Office work in the Standing Committees is organized in accordance with the Regulations and Instructions for working with documents in the Parliament of the Republic of Kazakhstan.
The Law of the Republic of Kazakhstan dated May 7, 1997 No. 101-1.
President
Republic of Kazakhstan
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