RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of April 14, 2006 No. 1

About official interpretation of item 4 of article 75 of the Constitution of the Republic of Kazakhstan

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 - the Chairman of the Agency of the Republic of Kazakhstan on regulation of activities of regional financial center of the city of Almaty Arystanov A. K. and vice-Minister of Justice of the Republic of Kazakhstan Kustavletov D. R.,

Minister of Economy and Budget Planning of the Republic of Kazakhstan Kelimbetov K. N.,

deputy minister of foreign affairs of the Republic of Kazakhstan Zhoshybayev R. S.,

representatives of the Majilis of Parliament of the Republic of Kazakhstan deputies of the Majilis of Parliament of the Republic of Kazakhstan Zhamalova A.M. and Tinikeeva M. B.,

representatives of the Supreme Court of the Republic of Kazakhstan - judges of the Supreme Court of the Republic of Kazakhstan of Baishev Zh. N. and Zhailganova A. N.,

the representative of the Prosecutor General's Office of the Republic Kazakhstanzamestitelya of the Attorney-General of the Republic of Kazakhstan there is Daulbayeva A. K.

considered the address of the Prime Minister of the Republic of Kazakhstan Akhmetov D. K. in open session. about official interpretation of item 4 of article 75 of the Constitution of the Republic of Kazakhstan.

Having studied the available materials, having heard the message of the speaker - the member of the Constitutional Council Bychkova of Page F., speeches of representatives of the subject of the address and participants of meeting, and also ekspertovakademik of National academy of Sciences of the Republic of Kazakhstan, doctor of jurisprudence, professor, director of Research institution of private law of the Kazakh humanitarian and legal university Suleymenov M. K., the doctor of jurisprudence, professor, the vice rector for scientific work of the Kazakh national pedagogical university of Abay of Toleubekovy B. H. and having studied the expert opinion - the doctor of jurisprudence, professor, the rector of the Karaganda state university of E. A. Buketova Kubeeva E. K., the Constitutional Council of the Republic of Kazakhstan established:

In the Constitutional Council of the Republic of Kazakhstan the address of the Prime Minister of the Republic of Kazakhstan about official interpretation of item 4 of article 75 of the Constitution of the Republic of Kazakhstan in which the following questions are raised arrived on March 23, 2006:

"1. What is understood in the specified constitutional regulation as special court?

2. What distinctions between concepts of "special court" in the context of the item 4 of article 75 of the Constitution and "specialized court" provided by the Constitutional law "About Judicial System and the Status of Judges of the Republic of Kazakhstan".

At meeting of the Constitutional Council the representative of the subject of the address, using the right provided by the subitem 4) of Item 2 and the subitem 1) of Item 3 of article 21 of the Constitutional law of the Republic of Kazakhstan of December 29, 1995, 2737 "About the Constitutional Council of the Republic of Kazakhstan" declared the petition for making by the Constitutional Council the answer to the following additional question: "To what requirements following from the Constitution of the Republic of Kazakhstan there shall correspond the main characteristics of specialized court of Regional financial center of the city of Almaty in the context of the drafts of the laws of the Republic of Kazakhstan introduced by the Government of the Republic of Kazakhstan in the Majilis of Parliament of the Republic of Kazakhstan "About regional financial center of the city of Almaty" and "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning creation of regional financial center of the city of Almaty"

This petition is satisfied with the Constitutional Council partially. With the consent of the representative of the subject of the address, the question is taken cognizance in the following edition: "What main characteristics following from requirements of the Constitution of the Republic of Kazakhstan specialized courts of the Republic of Kazakhstan shall have?"

As it is established in meeting, lack of uniform understanding of provisions of item 4 of article 75 of the Constitution in relation to regulations of drafts of the laws "About Regional Financial Center of the City of Almaty" and "About Modification and Amendments in Some Legal Acts of the Republic of Kazakhstan concerning Creation of Regional Financial Center of the City of Almaty" regulating questions of education and activities of the court considering disputes of members of the specified financial center was the cause for the appeal to the Constitutional Council.

In case of interpretation of item 4 of article 75 of the Constitution of the Republic of Kazakhstan the Constitutional Council proceeds from the following.

1. Item 1 of Article 75 of the Fundamental Law determines that "justice in the Republic of Kazakhstan is performed only by court". According to the resolution of the Constitutional Council of February 15, 2002 No. 1, this constitutional regulation means that only courts as the bodies representing judicial branch of the government perform justice. At the same time courts of the Republic are the Supreme Courts and local courts entering single judicial system of the Republic which is installed by the Constitution and the constitutional law (Items 3 and 4 of article 75 of the Constitution) established by the law.

Provisions of Item 3 of Article 75 and Article 82 of the Fundamental Law determine three-level system of courts and general requirements to its structure: The Supreme Court, the regional and equated to them courts, other courts which according to the Constitutional law of December 25, 2000 No. 132-II "About judicial system and the status of judges of the Republic of Kazakhstan" (further - the Constitutional law) are understood as the district and equated to them courts.

In the article 4 of the Constitutional law developing and concretizing Section VII regulations "Courts and justice" of the Fundamental Law it is determined that the unity of judicial system of Kazakhstan is provided:

1) general and principles of justice, single for all courts and judges;

2) implementation of judicial authority in forms of legal proceedings, single for all courts, established by the laws;

3) application of the law in force of the Republic of Kazakhstan by all courts;

4) legislative fixing of the single status of judges;

5) obligation of execution in all territory of Kazakhstan of the court resolutions which took legal effect;

6) financing of all courts only from the republican budget.

The item 4 of article 75 of the Constitution contains regulations that "the organization of special and emergency courts under any name is not allowed".

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