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NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of November 16, 2022 No. 1

About review of some normative resolutions of the Constitutional Council of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the Chairman K. A. Mami, members of council A. K. Daulbayev, V. A. Malinovsky, I. D. Merkel, R. Zh. Mukashev, A. A. Temerbekov and U. Shapak

considered on own initiative in open session question of review of some normative resolutions of the Constitutional Council of the Republic of Kazakhstan in connection with adoption of law of the Republic of Kazakhstan of June 8, 2022 "About modification and amendments in the Constitution of the Republic of Kazakhstan".

Having heard the message of the speaker - the member of the Constitutional Council of the Republic of Kazakhstan Temerbekov A. A., having analyzed normative resolutions of the Constitutional Council of the Republic of Kazakhstan and other materials of the constitutional production, the Constitutional Council of the Republic of Kazakhstan

established:

The law of the Republic of Kazakhstan of June 8, 2022 "About modification and amendments in the Constitution of the Republic of Kazakhstan", accepted on republican referendum on June 5, 2022, introduces essential amendments in the Country constitution.

The constitutional short stories concern upgrade of presidential government, strengthening of role of Parliament and reformatting of legislative process, organization of the Constitutional Court, strengthening of guarantees of local public administration and self-government, abolition of the death penalty and other questions.

All this requires reduction in compliance with the updated Constitution of the Republic of the law in force of the country, including normative resolutions of the Constitutional Council.

According to the subitem 1) of Item 1 of article 36 of the Constitutional law of the Republic of Kazakhstan of December 29, 1995 "About the Constitutional Council of the Republic of Kazakhstan" the decision of the Constitutional Council can be reviewed by it at the initiative of the President of the Republic of Kazakhstan or on own initiative if the regulation of the Constitution based on which the decision was made changed.

The constitutional Council determined approaches by review of its final decisions earlier (normative resolutions of November 8, 2007 No. 9, of February 7, 2008 No. 1, of September 24, 2008 No. 7, of April 27, 2011 No. 4, of April 17, 2017 No. 2 and of November 3, 2017 No. 3).

Based on stated, being guided by Items 1 and 2 of article 4 of the Constitution of the Republic of Kazakhstan, Articles 31-33, the subitem 1) of Item 1 and Item 3 of article 36 of the Constitutional law of the Republic of Kazakhstan of December 29, 1995 "About the Constitutional Council of the Republic of Kazakhstan", the Constitutional Council of the Republic of Kazakhstan

decides:

1. Repeal in general the following normative resolutions of the Constitutional Council of the Republic of Kazakhstan:

1.1. of May 29, 1997 No. 13/2 "About official interpretation of Item 3 of Article 45 and subitem 2) article 44 of the Constitution of the Republic of Kazakhstan regarding circle of the officials obliged to fasten with the signatures acts of Parliament before their signing by the President of the Republic";

1.2. of March 16, 2011 No. 3 "About official interpretation of regulation of paragraph two of Item 3 of article 71 of the Constitution of the Republic of Kazakhstan";

1.3. the additional resolution of February 4, 2020 No. 2 "About interpretation of the normative resolution of the Constitutional Council of the Republic of Kazakhstan of March 16, 2011 No. 3 "About official interpretation of regulation of paragraph two of Item 3 of article 71 of the Constitution of the Republic of Kazakhstan".

2. Repeal the following normative resolutions of the Constitutional Council of the Republic of Kazakhstan in part:

2.1. of May 16, 1997 No. 11/2 "About official interpretation of Items 3 and 5 of article 52 of the Constitution of the Republic of Kazakhstan regarding early termination of powers of deputies of the Senate of Parliament", having excluded:

in Item 1 of the deciding part the word "exhaustive";

2.2. of May 31, 2000 No. 3/2 "About official interpretation of item 4 of article 88 of the Constitution of the Republic of Kazakhstan", having excluded:

in paragraph five of motivation part of the word "the subitem 3) of article 44 of the Constitution determines that the President of the Republic of Kazakhstan cancels or suspends fully or partially acts of akims of areas, the cities of republican value and the capital of the Republic, and";

2.3. of January 30, 2003 No. 10 "About official interpretation of item 4 of Article 52, of Item 5 of Article 71, of Item 2 of Article 79, of Item 3 of Article 83 and Item 2 of article 15 of the Constitution of the Republic of Kazakhstan", having excluded:

in motivation part:

paragraphs of the first and second of Item 1;

in Item 2:

in the paragraph the second second offer;

paragraph third;

Items 1 and 2 of the deciding part;

2.4. of October 15, 2008 No. 8 "About official interpretation of Article 54, of subitems 1) and 3) of Item 3 of Article 61, and also some other regulations of the Constitution of the Republic of Kazakhstan concerning the organization of public administration", having excluded:

in motivation part:

in paragraph one of Item 1 of the word "constitutional laws and";

paragraph third Item 2;

in Item 2 of the deciding part of the word "behind exact and uniform application of the laws, presidential decrees of the Republic of Kazakhstan and other regulatory legal acts in the territory of the Republic, behind legality of operational search activities, inquiry and investigation, administrative and enforcement proceeding";

2.5. of October 18, 2010 No. 3 "About official interpretation of the subitem 2) of article 44 of the Constitution of the Republic of Kazakhstan regarding the established monthly term for signing of the laws by the President of the Republic of Kazakhstan", having excluded:

in motivation part:

word in paragraph three "Senate of Parliament";

word in paragraph four "the Senate of Parliament" and ", the Parliament provided by the Senate";

in Item 1 of the deciding part of the word "the Senate of Parliament";

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