Komarova Elena

2nd year student

Specialty: "International law"

International Relations Faculty

Al-Farabi Kazakh National University

Scientific adviser:

Candidate of Law, associate professor Tussupova A.Zh.

The legal status of the President

Constitutional right includes detailed definition of constitutional rights of President as special type of social responsibility. Impeachment is referred to them and it means discharge from office of Head of State.

Impeachment (Latin:impedivi – prevented, suppressed) is legal prosecution including civil and state execution of civil servants, and also President with subsequent discharge from office. Impeachment incriminates person in illegal acts, that is commitment-minded offence separate from abuse of power. This concept appeared in England in XIV century as instrument for fight against arbitrary treatment of royal minions. So, the Commons got rights to bring king’s ministers to justice of House of Lords, whereas this right belonged to king before. The process of rising criminal charge by communities in Lords justice was named “Impeachment”.

Constitutional-legal rights of President of the Republic of Kazakhstan are expressed in: According to Art. 47 of Constitution of the Republic of Kazakhstan, President of the Republic of Kazakhstan can be relieved from office early in case of inability to perform his duties due to illness. In this case, Parliamentary body strokes a committee from each House of deputies and experts of medicine equally. The decision about early relief from duty is made at the meeting of House of Parliamentary body participating not less than three quarter of deputy’s quantity from each House on the basis of committee statement and statement of Constitutional Board about observance of constitutional processes.

President of the Republic of Kazakhstan bears responsibility for actions made during fulfilling his obligations only in case of treason against the State and can be terminated by Parliamentary body. The decision about rising impeachment and its investigation can be made by most of total number of deputies of Mazhilis by initiation of not less than three quarter of its deputies. Senate arranges investigation of impeachment and its results are given for consideration of joint meeting of House of Parliamentary body by voting majority number from total number of Senate deputies. The final decision is made at joint meeting of Houses of Parliamentary body after getting majority votes, not less than three quarter from total number of votes of each House, and if there is statement of Supreme Court confirming validity of impeachment and also statement of Constitutional Board about observance of constitutional procedures. If the decision is not made within two months, then impeachment against President will be declined. Dismissal of charge against President for committing treason causes termination of powers of Mazhilis deputies who initiated consideration of this issue. The issue about termination of President cannot be initiated during the period when the issue about early termination of powers of Parliamentary body or Mazhilis is under consideration.

As we can see, law about impeachment is existed in majority of countries, however mostly it is not used.

Let’s consider Russian Federation: Committing treason or any other grave offence by President of Russian Federation entails termination of President from office. Russian Constitution, adopted in 1993, is very similar with American: termination of President from office is decided by Federation Council by two-thirds votes by initiation of State Duma. In Russia impeachment (termination from office) was initiated three times, and once according to existent Constitution. In all cases, first president – Boris Eltsin was involved to impeachment.

For the first time, issue about impeachment came up in March 1993 by initiative of Supreme Soviet and Congress of Peoples’ Deputies of Russia. Even though Constitution of Russia of 1978, which was valid at that time, allowed Congress of Peoples’ Deputies to make decision “about all issues concerning Russian Federation” independently, Supreme Soviet and President introduced the issue about powers for consideration of all-people’s referendum, in which trust to this Congress was also solvable. By the results of people’s declaration of intent, both sides saved their powers.

For a second time, the issue about impeachment came up in September 1993, after President’s order to terminate Congress and Supreme Soviet. The decision of impeachment was made by deputies in X Conference, which was not legally allowed by executive branch. This conflict was resolved by arm forces during incident on October 3 and 4.

For the third time, the issue about impeachment was considered in 1998 and 1999. President Eltsin was under accusation of four paragraphs by State Duma: USSR breakup, unleashing of war in Chechnia, weakening defensive ability and security of Russia, disbanding of Supreme Soviet in 1993. The issue about “depopulation of Russian people” was also considered in facultative manner. Special parliamentary commission was created in State Duma for considering the issue about impeachment in membership of: Vadim Filimonov (Chairman) – member of Communist Party of RF, Viktor Ilyukhin (Communist Party of RF) and Elena Mizulina (“Apple”) (Deputy of Chairman). By the results of voting, any of these charges did not get support of deputies (17 votes were needed for rising impeachment about war in Chechnia) and process was stopped.

In conclusion, constitutional right foresees only a few ways for involving to constitutional and legal liability: both – general for all types of liability and specific for constitutional and legal liability:

1) court order. In this case, state compensates damage caused by bodies and officials, disbands election commissions, eliminates public and religious associations, and stops their activates;

2) making decision (provision) by relevant government authority (not court), mentioned above.