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NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2008 No. 2

About check of constitutionality of parts one and the fourth article 361 of the Criminal Code of Kazakhstan according to the appeal of Kapshagaysky city court of Almaty region

(The last edition from 17-04-2017)

The constitutional council of the Republic of Kazakhstan as a part of the chairman Rogov I. I., members of council Belorukov N. V., Malinovsky V. A., Nurmagambetova A. M., Stamkulova U. M., with participation:

the representative of the Senate of Parliament of the Republic of Kazakhstan - the deputy of the Senate of Parliament of the Republic of Kazakhstan Amirov I. A.,

the representative of the Majilis of Parliament of the Republic of Kazakhstan - the deputy of the Majilis of Parliament of the Republic of Kazakhstan of the Turkish N.N.,

representatives of the Government of the Republic of Kazakhstan - the Minister of Justice of the Republic of Kazakhstan Baliyeva Z. Ya. and vice-Minister of Justice of the Republic of Kazakhstan Kustavletov D. R.,

the representative of the Supreme Court of the Republic of Kazakhstan - the chairman of board on criminal cases of the Supreme Court of the Republic of Kazakhstan Zhukenov A. T.,

representative of the Prosecutor General's Office of the Republic Kazakhstanzamestitelya of the Attorney-General of the Republic of Kazakhstan Daulbayev A. K.,

representative of the Ministry of Internal Affairs of the Republic of the Kazakhstanvitse-Minister of Internal Affairs of the Republic of Kazakhstan Shpekbayev A. Zh.,

the representative of the Commissioner for Human Rights in the Republic of Kazakhstan - the head of the National center for human rights of Kalyuzhny V.A,

the representative of the Union of lawyers of Kazakhstan - the president of the Union of lawyers of Kazakhstan Tugela A.K.,

considered in open session idea of Kapshagaysky city court of Almaty region of recognition unconstitutional parts one and the fourth article 361 of the Criminal Code of Kazakhstan.

Having studied materials of the constitutional production, having heard the message of the speaker - the member of the Constitutional council Belorukov N. In, performances of participants of meeting and the expert - the doctor of jurisprudence, professor Matiukhin A. A., having studied expert opinions - the academician of National academy of Sciences of the Republic of Kazakhstan, the doctor of jurisprudence, professor Zimanov of Page Z. and academician of National academy of Sciences of the Republic of Kazakhstan, doctor of jurisprudence, professor Sapargaliyev G. With, and also with the conclusion of spetsialistadoktor of jurisprudence, professor Kairzhanov E. I., Constitutional council of the Republic of Kazakhstan

established:

In the Constitutional council of the Republic of Kazakhstan idea of Kapshagaysky city court of Almaty region of recognition unconstitutional parts one and the fourth article 361 of the Criminal Code of Kazakhstan providing criminal liability for making of the act of mutilation group of persons, containing in the organizations providing isolation from society for the purpose of destabilization of normal activities of organizations or hindrance of legal activities of staff of organizations and also for the same acts made by group of persons by previous concert or using violence, life-threatening and health arrived on January 28, 2008.

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