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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of October 28, 1996 No. 6/2

About official interpretation of Item 1 of Article 4 and Item 2 of article 12 of the Constitution of the Republic of Kazakhstan

(as amended on 17-04-2017)

The constitutional Council of the Republic of Kazakhstan as a part of the Acting Chairman of the Constitutional Council Temirbulatov S. G. and members of the Constitutional Council of Akuyev N. I., Ikhsanova U. K., Mamonova V. V., Sabikenov S. N., Shopin V. D., with participation of the representative of the Chairman of the Majilis of Parliament of the deputy Golovkov M. N., the specialist scientist-jurist Matiukhin A. A., being guided by the subitem 4 of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan and the subitem 1 of Item 3 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" of December 29, 1995, considered the address of the Chairman of the Majilis of Parliament of the Republic Ospanov M. T. in open session. about official interpretation of Item 1 of Article 4 and Item 2 of article 12 of the Constitution of the Republic of Kazakhstan. Speeches of deputies of the Majilis at meeting of Chamber of Parliament of the Republic of Kazakhstan on September 18 of this year with the offer on interpretation of Item 1 of Article 4 and Item 2 of article 12 of the Constitution of the Republic of Kazakhstan were the cause of the appeal to the Constitutional Council.

Having heard the message of the speaker - the member of the Constitutional Council Akuyev N. I., explanation of the representative of the Chairman of the Majilis of Parliament of the Republic of the deputy Golovkov M. N., explanation of the specialist Matiukhin A. A., having studied the available materials, the Constitutional Council of the Republic of Kazakhstan

established:

In the Constitutional Council of the Republic of Kazakhstan the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan Ospanov M. T. arrived. about official interpretation of Item 1 of Article 4 and Item 2 of article 12 of the Constitution of the Republic of Kazakhstan. The question of need of official interpretation of the specified constitutional regulations was raised in speeches of deputies of the Majilis at its plenary meeting on September 18, 1996.

Apparently from the statement attached to the address from the shorthand report of plenary session of the Majilis of Parliament of September 18, 1996, in the performance the deputy Golovkov M. N., quoting Item 1 of article 4 of the Constitution of the Republic of Kazakhstan on the law in force, claims that "... this complex is also determined by right amount, but not one Constitution...". Then the deputy quotes Item 2 of article 12 of the Constitution of the Republic of Kazakhstan and concludes that this regulation "... prohibits to constitute, consider and adopt the laws curtailing the existing rights and freedoms".

In the analysis of the specified articles of the Constitution of the Republic of Kazakhstan the Constitutional Council proceeds from the following:

1. In Item 1 of article 4 of the Constitution of the Republic of Kazakhstan accepted on republican referendum on August 30, 1995 it is fixed: "The law in force in the Republic of Kazakhstan are regulations of the Constitution, the laws corresponding to it, other regulatory legal acts, the international contractual and other commitments of the Republic, and also normative resolutions of the Constitutional Council and Supreme Court of the Republic".

The law in force of the Republic of Kazakhstan is considered as system of the regulations containing in the regulatory legal acts accepted by competent subjects in accordance with the established procedure here: The constitution and the laws of the Republic, Presidential decrees, resolutions of Parliament, its Chambers corresponding to it and the Governments of the Republic, other regulatory legal acts, international treaties ratified by the Republic of Kazakhstan, normative resolutions of the Constitutional Council and Supreme Court of the Republic. The Constitution of the Republic of Kazakhstan has the highest legal force.

All specified regulatory legal acts are included the law in force if they are not cancelled, including - in connection with adoption of new regulations. Modification or amendments shall be performed within competence of relevant organ, with observance of established procedure. In particular, the procedure for modification and amendments in the Constitution of the Republic of Kazakhstan is provided in the text of the Constitution (Articles 91).

2. Item 2 of article 12 of the Constitution of the Republic of Kazakhstan establishes: "Human rights and freedoms belong to everyone from the birth, are recognized absolute and inaliennable, determine content and application of the laws and other regulations".

According to Item 1 of article 12 of the Constitution in the Republic of Kazakhstan the rights and freedoms according to the Constitution are recognized and guaranteed. It means that the list of human rights and freedoms is guaranteed by the state in the limits set by regulations of the Constitution of the Republic and corresponding to it other regulatory legal acts.

Recognition of the specified human rights and freedoms absolute means their distribution on each person who is in the territory of the Republic of Kazakhstan irrespective of its belonging to nationality of the Republic. Inalienability of the rights and freedoms means what the rights and freedoms of people established by the Constitution cannot be deprived by anybody including the state, except the cases provided by the Constitution and the laws adopted on its basis. The specified human rights and freedoms, according to Item 2 of article 12 of the Constitution of the Republic of Kazakhstan, determine content and application of the laws and other regulatory legal acts.

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