RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of July 11, 1996 No. 3/1

About compliance of the Constitution of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan provided for the signature to the President of the Republic of Kazakhstan "About modification and amendments in the Law of the Kazakh SSR "About provision of pensions of citizens in the Kazakh SSR"

The constitutional Council of the Republic of Kazakhstan as a part of the Chairman Kim Yu. A. and members of the Constitutional Council of Akuyev N. I., Ikhsanova U. K. Mamonova V. V., Sabakiyev S. N., Shopin V. D., with participation of the representative of the Government of the Republic of Kazakhstan Aimbetov S. - the Minister of social protection of the Republic of Kazakhstan, the expert Sapargaliyev G. S. - the Director of Institute of the state and the right of MH-AH of the Republic of Kazakhstan, the corresponding member, the doctor of jurisprudence, professor, having considered in open session based on the subitem 2) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan, the subitem 1) of Item 2 of Article 17 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" the address of the President of the Republic of Kazakhstan about compliance of the Constitution of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan provided for the signature to the President of the Republic of Kazakhstan on June 21, 1996 "About modification and amendments in the Law of the Kazakh SSR "About provision of pensions of citizens in the Kazakh SSR", accepted by Parliament of the Republic of Kazakhstan without vote according to Item 7 of article 61 of the Constitution of the Republic of Kazakhstan on June 12, 1996,

established:

In the Constitutional Council of the Republic of Kazakhstan the address of the President of the Republic of Kazakhstan about consideration regarding the compliance of the Constitution of the Republic of Kazakhstan provided on June 21, 1996 for the signature to the President of the Republic of Kazakhstan "About modification and amendments to the Law of the Kazakh SSR "About provision of pensions of citizens in the Kazakh SSR", accepted by Parliament of the Republic of Kazakhstan without vote according to Item 7 of article 61 of the Constitution of the Republic of Kazakhstan on June 12, 1996 arrived on June 24, 1996.

Studying and the analysis of the Law of the Republic of Kazakhstan "About modification and amendments in the Law of the Kazakh SSR" About provision of pensions of citizens in the Kazakh SSR" showed the following.

Number of provisions of article 1 of this Law (Items 1, of 3, of 4, 5 and others) makes the drafting amendments connected with reduction of the current law of the Kazakh SSR of June 17, 1991 "About provision of pensions of citizens in the Kazakh SSR according to the new Constitution of the Republic of Kazakhstan accepted on August 30, 1995 on republican referendum.

Amendment of article 10 of the current law parts four, the fifth, sixth and seventh, the providing consecutive raising the retirement age from July 1, 1996 to July 1, 2001 for three years does not contradict the Constitution of the Republic of Kazakhstan as in Item 1 of article 28 of the Constitution it is written down: "The minimum size is guaranteed to the citizen of the Republic of Kazakhstan... pensions. Social security on age, in case of disease, disability, loss of the supporter and on other legal causes". Apparently from the given constitutional regulation, neither retirement age, nor the minimum size of pension in the Constitution these indicators are not established by the laws of the Republic of Kazakhstan having the right to be regulated, therefore, and their change does not contradict the Constitution according to which the minimum size of pension and social security on age is guaranteed to the citizen of the Republic.

In part six it is provided in case of termination of work of award of pension on achievement of age of the man - 60 years, zhenshchiny55 years and in case of length of service respectively 20 and 25 years. At the same time pension is paid in the amount of 60 percent of the relying full pension (without allowances on dependents) before achievement of the age determined by part four of this Article. This regulation allows to use if necessary pension entitlement before achievement of retirement age.

Does not contradict the Constitution of the Republic of Kazakhstan and part seven according to which the men who are in public service in case of its not prolongation in case of achievement of 60 years and in the absence of required period of service, are granted pension entitlement on age in the presence of the conditions provided by part one of this Article from the moment of the termination of public service.

The regulations of the considered Law changing, canceling and stopping preferential terms of receipt of pension entitlement separate criterion of citizens (the Items 8,9,10,15,18 of Article 1, Article 2), and also new editions of Articles 46, of 58, of 61, the establishing sizes of old-age pensions, calculation and procedure for their payment, does not contradict the Constitution of the Republic of Kazakhstan as in it the regulations regulating the specified circle of the relations are not established.

Based on stated and being guided by the subitem 2) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan, the subitem 1) of Item 2 of Article 17 and Article 37 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan", the Constitutional Council

decides:

1. The law of the Republic of Kazakhstan "About modification and amendments in the Law of the Kazakh SSR "About provision of pensions of citizens in the Kazakh SSR" adopted by Parliament of the Republic of Kazakhstan without vote according to Item 7 of article 61 of the Constitution of the Republic of Kazakhstan on June 12, 1996 and provided for the signature to the President of the Republic of Kazakhstan to recognize corresponding to the Constitution of the Republic of Kazakhstan.

2. According to Item 3 of article 74 of the Constitution of the Republic of Kazakhstan the resolution is final, is not subject to appeal and becomes effective from the date of its acceptance taking into account the cases provided by Items 2 and 3 of Article 38 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law "About the Constitutional Council of the Republic of Kazakhstan".

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