| Parliament name (generic / translated) |
Parlament / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
Senate |
| Related chamber (for bicameral parliaments) |
Mazhilis / House of Representatives
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 52 (1) of the Constitution of 30.08.1995) |
| Start of the mandate |
· When the senator is registered as a Member by the Central Electoral Commission |
| Validation of mandates |
· Validation by the Central Electoral Commission |
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 49 (2) of the Constitution; for early dissolution, see Art. 49 (3) in connection with Art. 63 of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 52 (5) of the Constitution)
· Procedure : after submission of the resignation, the Senate Chamber terminates the mandate at the request of the Central Electoral Commission
· Authority competent to accept the resignation: the Senate |
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: conviction of guilt (Art. 52 (5) of the Constitution) (b) Incapability (Art. 51 (4), and 52 (5) of the Constitution)
(c) Permanent residence beyond the boundaries of the Republic (Art. 52 (5) of the Constitution)
(d) Incompatibilities (Art. 50 (4), and 52 (3) of the Constitution)
(e) General procedure (Art. 52 (6) of the Constitution) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic or official passport
· Basic salary + Additional allowance
· Exemption from tax
· No special pension scheme
· Other facilities:
(a) Official housing
(b) Postal and telephone services |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does not exist. |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 52 (4) of the Constitution).
· It applies to criminal and administrative proceedings, covers all offences with the exception of serious offences, and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: cases of flagrante delicto
· Parliamentary immunity (inviolability) can be lifted (Art. 52 (4) and (6) of the Constitution):
- Competent authority: the Senate, at the proposal of the Central Electoral Commission |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by Parliament.
· Handbooks of parliamentary procedure:
- Rules of Procedure of the Senate of the Parliament of the Republic
- Rules of Procedure of the Parliament of the Republic |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings, and other meetings (Art. 52 (2) of the Constitution).
· Penalties foreseen in case of failure to fulfil this obligation: reduction of salary, denial of transportation passes, of payment of travel expenses, of provision of transport by car, and of medical care and stays at health resorts
· Body competent to judge such cases/to impose penalties: the Senate, the Senate Board |
| Discipline |
. Specific cases:
- Offence or insult [references, texts or comments]: call to order, withdrawal of the floor
· Competent body to judge such cases/to impose penalties (Art. 52 (6) of the Constitution):
- Offence or insult: the Chairman
- Other measures: the Chairman, at the proposal of the Central Electoral Commission
· Procedure :
- Parliamentary censure
- Order to present public apologies
- Withdrawal of the right to speak for the duration of one joint or separate meeting of the Chambers
- Withdrawal of the right to speak for the duration of three joint or separate meetings of the Chambers
- Expulsion from the meeting room for the duration of one joint or separate meeting of the Chambers
- Expulsion from the meeting room for the duration of three joint or separate meetings of the Chambers
- Withholding of one day's salary
- Offence or insult
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 50 (4), and 52 (3) and (6) of the Constitution).
· Penalties foreseen for violation of the code of conduct: loss of mandate (incompatibilities)
· Competent body to judge such cases/to impose penalties: the Senate, the Central Electoral Commission
|
| Relations between MPs and pressure group |
· There are some legal provisions in this field. |
