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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of January 24, 2007 No. 1

About check of constitutionality of part one of Article 109 of the Code of penal procedure of the Republic of Kazakhstan according to the appeal of the West Kazakhstan regional court

The constitutional Council of the Republic of Kazakhstan as a part of the chairman Rogov I. I., members of council of Abishev of X.A., Baltabayeva K. Zh., Belorukova N. V., Bychkova of Page F., Nurmagambetova A. M., Stamkulova U. M. with participation:

the representative of the Government of the Republic of Kazakhstan - the vice-Minister of Justice of the Republic of Kazakhstan Nugmanov of Page P,

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

the representative of the Supreme Court of the Republic of Kazakhstan - the judge of the Supreme Court of the Republic of Kazakhstan Abdikanov N. A.,

the representative of Committee of homeland security of the Republic of Kazakhstan - the vice-chairman of Committee of homeland security of the Republic of Kazakhstan Nurimanov M. A.,

representative of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime (financial police) of the vice-chairman of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime (financial police) Kozhamzharov K. P.,

representative of the Ministry of Internal Affairs of the Republic Kazakhstannachalnika of legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan Ashitov B. Z.

considered idea of the West Kazakhstan regional court of recognition of unconstitutional part one of Article 109 of the Code of penal procedure of the Republic of Kazakhstan in open session.

Having studied materials of the constitutional production, having heard the message of the speaker - the member of the Constitutional Council Bychkova of Page F., performances of participants of meeting, and also experts - the doctor of jurisprudence, professor, the rector of University of D. A. Kunayeva Kopabayeva O. K. and doctors of jurisprudence, professor, the vice rector for scientific work of the Kazakh national pedagogical university of name of Abay of Toleubekovy B. H. Constitutional Council of the Republic of Kazakhstan

established:

In the Constitutional Council of the Republic of Kazakhstan idea of the West Kazakhstan regional court of recognition of unconstitutional part one of Article 109 of the Code of penal procedure of the Republic of Kazakhstan of December 13, 1997 No. 206-I (further - the Code of Criminal Procedure) regarding restriction of the right of persons for appeal judicially of resolutions of bodies of inquiry, investigation, the prosecutor on initiation of legal proceedings on December 27, 2006 arrived.

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