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ADDITIONAL RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of February 23, 2007 No. 3

About interpretation of the resolution of the Constitutional Council of the Republic of Kazakhstan of May 8, 1997 No. 10/2 "About the address of the President of the Republic of Kazakhstan about compliance of the Constitution of the Republic of Kazakhstan the Law of the Republic of Kazakhstan provided for the signature to the President of the Republic of Kazakhstan "About languages in the Republic of Kazakhstan", adopted by Parliament of the Republic of Kazakhstan on March 12, 1997"

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

representatives of the subject of the address - deputies of the Majilis of Parliament of the Republic of Kazakhstan Shakhanov M., Abylkasymov E., Aytala A.;

representative of the Ministry of Justice of the Republic of the Kazakhstanvitse-Minister of Justice of the Republic of Kazakhstan Nugmanov S. P.;

the representative of the Ministry of Culture and information of the Republic of Kazakhstan - the chairman of Committee on languages of the Ministry of Culture and information of the Republic of Kazakhstan Kazhibek E. Z.;

representative of the Prosecutor General's Office of the Republic Kazakhstanrukovoditelya of the office of the Attorney-General of the Republic of Kazakhstan Sarpekov R. K.

considered in open session the petition of group of deputies of Parliament of the Republic of Kazakhstan for interpretation of the resolution of the Constitutional Council of the Republic of Kazakhstan of May 8, 1997 No. 10/2 "About 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 "About languages in the Republic of Kazakhstan", adopted by Parliament of the Republic of Kazakhstan on March 12, 1997".

Having studied the available materials, having heard the message of the speaker - the member of the Constitutional council Abishev of X.A. and participants of the constitutional production, the Constitutional council of the Republic of Kazakhstan established:

According to the subitem 1) of Item 1 of article 35 of the Constitutional law of the Republic of Kazakhstan of December 29, 1995 No. 2737 "About the Constitutional Council of the Republic of Kazakhstan" the group of deputies of Parliament of the Republic of Kazakhstan with the petition for interpretation of the resolution of the Constitutional Council of the Republic of Kazakhstan of May 8, 1997 No. 10/2 "About 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 "About languages in the Republic of Kazakhstan", adopted by Parliament of the Republic of Kazakhstan on March 12, 1997" on January 15, 2007 addressed to the Constitutional Council.

In case of interpretation of the resolution stated above the subject of the address asks to answer the following questions:

whether the priority before officially the used language "not in the state organizations", and in the governmental and socially significant activities, acceptances, assemblies, congresses, conferences, meetings of round tables has state language?";

"whether the concept (term) "on an equal basis" used in Item 2 of article 7 of the Constitution of the Republic, such actions concerns?".

During the meeting of the Constitutional Council representatives of the subject of the address according to the subitem 4) of Item 2 of article 21 of the Constitutional law of the Republic of Kazakhstan declared the oral petition with request "the Constitutional Council of the Republic of Kazakhstan" to explain: whether it is necessary to understand the constitutional regulation "in the state organizations and local government bodies on an equal basis with Kazakh Russian" (Item 2 of article 7 of the Constitution) is officially used in such a way that Russian is the second state language?

On the substance of the questions raised in the address the Constitutional council considers necessary to explain the following.

1. According to the Constitution in the Republic of Kazakhstan Kazakh is state. In the state organizations and local government bodies on an equal basis with Kazakh Russian is officially used. The state cares for creation of conditions for studying and development of languages of the people of Kazakhstan (Article 7).

In the resolution of the Constitutional Council of May 8, 1997 Item 2 of article 7 of the Constitution "in the state organizations and local government bodies on an equal basis with Kazakh is officially used No. 10/2 Russian" explained as follows: "this constitutional regulation is understood unambiguously that in the state organizations and local government bodies the Kazakh and Russian languages are used equally, equally, irrespective of any circumstances". It means that the legislation governing the public relations connected with implementation by the state organizations and local government bodies of the powers shall provide mechanisms of realization of constitutional rights of everyone in the field of functioning of languages, including provide opportunity to physical persons and legal entities to address to state bodies and local government bodies and to obtain information from them with observance of Item 2 of article 7 of the Constitution - equally in the Kazakh or Russian languages, regardless of language in which the clerical work is conducted. Equality in the use of the Kazakh and Russian languages means also equal legal importance of texts of regulatory legal acts in the Kazakh and Russian languages. As appears from the resolution of the Constitutional council of February 14, 2007 No. 2 "About verification of the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning legal profession" on compliance of the Constitution of the Republic of Kazakhstan" if discrepancy of texts in the Kazakh and Russian languages distorts conceptual contents of the precept of law and is made impossible by her unambiguous understanding, such regulation, proceeding from Item 2 of Article 7 of the Fundamental Law, can be acknowledged in accordance with the established procedure not the relevant Constitution.

2. The constitutional regulation that in the state organizations and local government bodies on an equal basis with Kazakh Russian is officially used does not mean investment of the last with the status of the second state language.

As state follows from the constitutional fixing of Kazakh that Kazakh is one of the determining factors of statehood of Kazakhstan, symbolizes its sovereignty and is the element of constitutional legal status of the republic expressing unity of the people of Kazakhstan.

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