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Senate of the Parliament
of the Republic of Kazakhstan


Senate returned peace assembly bills to Mazhilis with amendments

14.05.2020 512

Opening the meeting, Senate Speaker Maulen Ashimbayev noted that a set of anti-crisis measures is being implemented in the country at the initiative of the Head of State, assistance is being provided to citizens and business. In the coming period, special attention will be paid to protecting the health of the people of Kazakhstan, improving the welfare of the population, supporting entrepreneurs and reforming the education and science systems.

According to Maulen Ashimbayev, under these conditions, the Senate needs to organize its work effectively, thereby contributing to maintaining the continuity of the policy of the Leader of the Nation and legislatively ensuring implementation of the post-crisis development strategy proposed by the Head of State.

During the meeting, senators considered the draft Law “On the procedure for organizing and conducting peaceful meetings in the Republic of Kazakhstan.” The main objectives of the document are the implementation of the constitutional right of citizens of the country to hold meetings, rallies and demonstrations, marches and pickets peacefully and unarmed, as well as to identify specialized places where they can be held.

By order of the Head of State, the project provides the introduction of a notification procedure for holding peaceful assemblies.

In discussing the bill, senators proposed a number of conceptual changes. Thus, the number of specialized places for pickets, meetings and rallies in Nur-Sultan, Almaty, Shymkent and regional centers should be at least three in the central parts of each district of the city. It was also proposed to exclude the obligation of the organizer of peaceful assemblies at the request of participants in peaceful assemblies not to hide their face, including not to use clothing or other means that impede face recognition. It was proposed to consolidate the right of the organizers and participants of a peaceful assembly to use personal protective equipment aimed at protecting health. These and other amendments of senators were reflected in the final text of the document.

Maulen Ashimbayev noted the importance of the draft law in terms of ensuring the constitutional rights of citizens.

“The considered draft laws will have a positive impact on the further development of the country. There is every reason to say that the proposed documents are a serious step on the path of Kazakhstan to the further development of political processes, ensuring human rights and democratization,” the Speaker of the Senate emphasized.

In general, the new draft law defines the status, rights and obligations of both organizers and participants in peaceful assemblies, and establishes the competencies of state bodies. The new draft contains an comprehensive list of grounds for refusing to hold peaceful assemblies. It is established that the refusal must be motivated and justified.

In addition, a norm is proposed that provides that a participant (participants) in a peaceful assembly violating the requirements of the law will not be grounds for terminating the peaceful assembly itself.

At the meeting, the accompanying document on amendments and additions to certain legislative acts on organization and conduct of peaceful assemblies was also considered.

Following the discussion of the draft laws, the Senate decided to return them to the Mazhilis with amendments and additions made by MPs.

Also during the meeting, the MPs adopted the Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the State of Emergency.” The document was elaborated in order to quickly enact measures during a state of emergency to ensure the safety of citizens and protect the constitutional order. According to Tuleubek Mukashev, who spoke as a co-rapporteur, the implementation of the draft law will ensure social and economic stability and sustainability of the entire state system, as well as national security through an effective anti-crisis policy.

The Senators also adopted the Law on amendments to the legislation on mobilization training and mobilization. The purpose of the document is to improve the system of mobilization training and mobilization, as well as the state civil protection system in terms of the formation, storage and use of the state material reserve. Senator Talgat Musabayev noted that adoption of the bill will increase responsibility of individuals for failure to fulfill obligations in the field of mobilization training, establish permanent control over the organization and conduct of activities for mobilization training and mobilization, as well as maintain and update material reserves in the state material reserve in a timely manner.

Today, members of the upper chamber of the Parliament ratified the Convention on the Privileges and Immunities of Specialized Agencies.

The main objective of ratification is the creation in Kazakhstan of the conditions specified in the Convention for the activities of specialized institutions. In particular, such institutions, their assets, incomes and other property are exempt from all direct taxes, and officials enjoy the same preferences as United Nations officials. According to co-rapporteur Tuleubek Mukashev, the adoption of the draft law will create favorable conditions for the activities of specialized institutions in the country, which will help expand and deepen bilateral and multilateral cooperation, as well as increase its coordination and effectiveness.

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