NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KAZAKHSTAN

of January 5, 2023 No. 1

About approval of Regulations of the Constitutional Court of the Republic of Kazakhstan

According to Item 2 of Article 2, the subitem 8) of Item 1 of article 27 of the Constitutional law of November 5, 2022 "About the Constitutional Court of the Republic of Kazakhstan" the Constitutional Court of the Republic of Kazakhstan DECIDES:

1. Approve Regulations of the Constitutional Court of the Republic of Kazakhstan.

2. The normative resolution becomes effective since January 1, 2023.

Approved by the normative Resolution of the Constitutional Court of the Republic of Kazakhstan of January 5, 2023, No. 1

Regulations of the Constitutional court of the Republic of Kazakhstan

These Regulations on the basis of the Constitution of the Republic of Kazakhstan and the Constitutional law of November 5, 2022 "About the Constitutional Court of the Republic of Kazakhstan" (further – the Constitutional law) regulate questions of the organization and procedure for internal activities of the Constitutional Court of the Republic of Kazakhstan.

Chapter 1. General questions of the organization of activities of the Constitutional Court of the Republic of Kazakhstan

1. The constitutional court of the Republic of Kazakhstan (further – the Constitutional Court) considers and resolves the questions which are included into its power at meetings of the Constitutional Court. On other questions meetings of the Constitutional Court can be held.

2. At meeting of the Constitutional Court in addition to the questions resolved according to the procedure of the constitutional production, bringing of the oath by judges of the Constitutional Court questions are also considered:

- about approval of Regulations of the Constitutional Court, introduction in it of changes and amendments;

- about approval of regulations on Scientific and advisory council in case of the Constitutional Court, the candidate for the secretary and members of Scientific and advisory council;

- about approval of the Regulations on the breastplate, cloak of the judge of the Constitutional Court of the Republic of Kazakhstan (further - the judge), their samples and descriptions;

- about approval of the annual message of the Constitutional Court about condition of the constitutional legality in the Republic;

- about forming of lists of judges in cases, stipulated in Item 3 articles 25 of the Constitutional law;

- about the termination of powers of the judge on the bases provided by subitems 3), 4), 5) and 6) of Item 1 of article 9 of the Constitutional law;

- other questions of the organization and activities of the Constitutional Court.

3. The Device of the Constitutional Court (further - the Device) prepares the agenda, the participant list and other materials which are beforehand sent to the judges of the Constitutional Court and other persons participating in meeting for meetings of the Constitutional Court. Meetings invitations and required materials go, as a rule, in electronic form.

4. About date, time and the place of meeting of the Constitutional Court judges, participants of the constitutional production, other persons and bodies which appearance is recognized as obligatory are beforehand notified.

Date of meeting can be transferred by the order of the Chairman of the Constitutional Court of the Republic of Kazakhstan (further - the Chairman) about what interested persons are notified.

5. Meetings of the Constitutional Court are held, as a rule, in the room, specially allotted for this purpose, which is drawn up according to requirements of the legislation of the Republic of Kazakhstan. In the hall the publication of the Constitution of the Republic of Kazakhstan constantly is placed.

6. Representatives of mass media and other persons can be invited to meeting of the Constitutional Court.

7. Film and photographing, video, straight line of radio - and the TV broadcast, video broadcasting on the information and communication Internet are allowed in the hall of meeting with the permission of the chairman about what it is specified in the minutes. These actions shall not disturb the normal course of meeting and can be limited in time and stages of the constitutional production.

8. Holding private meetings and discussion of the questions containing office information of limited distribution or the state secrets are performed with observance of requirements of the mode of privacy and restriction of the admission for meetings.

9. The meeting of the Constitutional Court is recorded, as required taken shorthand and provided with simultaneous interpretation.

Recording of meeting is performed by the Device which represents the protocol to the judge-speaker for vising within 5 working days after the taken place meeting.

Protocols of meetings of the Constitutional Court are signed by the chairman and join materials of the constitutional production.

10. If in meeting shorthand is performed, the minutes of the Constitutional Court are constituted based on the text of the shorthand report.

If during the meeting means audio-were applied, videos, the brief protocol of meeting in writing is constituted. In the brief protocol of meeting actions of the Constitutional Court in that procedure in what they took place are reflected, and are specified:

1) year, month, number and place of meeting;

2) name and structure of the Constitutional Court;

3) the addresses this about the subject;

4) data on application of means audio-, videos;

5) the name of the file containing audio-, video;

6) the information about the participants of the constitutional production and other persons participating in meeting;

7) data on statements, petitions and performances of participants of the constitutional production and other persons; the decisions passed by the Constitutional Court; research of other materials; removal of the Constitutional Court to the consultative room;

8) date of creation of the protocol in the final shape.

The material carrier containing audio-the video, and the brief protocol of meeting join case papers.

11. Any intervention in the course of meeting of the Constitutional Court is not allowed.

For the purpose of providing procedure for holding meeting of the Constitutional Court with the chairman measures, the stipulated in Article 54 Constitutional laws can be applied.

Application of measures of procedural protection and responsibility is reflected in the minutes. If necessary, the staff of law-enforcement bodies can be involved in providing procedure for holding meeting.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info