of May 18, 2006 No. 2
About official interpretation of the subitem 7) article 54 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:
the representative of the subject of the address - the deputy of the Majilis of Parliament of the Republic of Kazakhstan Cherdabayev R. T.,
deputies of the Senate of Parliament of the Republic of Kazakhstan Dzholdasbayeva N. Ch. and Sapiyev O.,
representatives of the Government of the Republic of Kazakhstan - the deputy minister of foreign affairs of the Republic of Kazakhstan Zhoshybayev R. S., the vice-Minister of Justice of the Republic of Kazakhstan Nugmanov S. P.,
deputy attorney general of the Republic of Kazakhstan Daulbayev A. K.,
representative of the Ministry of Foreign Affairs of the Republic Kazakhstandirektora of international legal department Amanzholova Z. A.
considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of the subitem 7) of article 54 of the Constitution.
Having studied materials of the constitutional production, having heard the message of the speaker - the member of the Constitutional Council Stamkulov U. M., speeches of the representative of the subject of the address and participants of meeting, and also the expert opinion - the doctor of jurisprudence, professor Sarsembayev M. A., opinion the managing department of the international and constitutional right of the Euroasian national university of L. N. Gumilev of Candidate of Law Sciences, associate professor Kulzhabayeva Zh. O., the Constitutional Council of the Republic of Kazakhstan established:
In the Constitutional Council of the Republic of Kazakhstan the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of the subitem 7) of article 54 of the Constitution arrived on April 26, 2006.
The subject of the address asks to answer the following questions:
"1. Whether there are distinctions between the law on ratification of the international treaty and the law on accession to the international treaty which is subject to ratification?
2. Whether the become effective international treaty of the Republic of Kazakhstan which was not subject to ratification according to the legislation existing at that time but conflicted to the last owing to its change is subject to accomplishment in full before change or cancellation?".
In case of interpretation of the subitem 7) of article 54 of the Constitution of the Republic of Kazakhstan the Constitutional Council proceeds from the following.
1. Interpretation of contents of the subitem 7) of article 54 of the Constitution is this in the resolution of the Constitutional council of December 13, 2001 to No. 16-17/3.
The analysis of rules of international law shows that ratification of the international treaty, as well as accession to it, is one of methods of expression by the state of the consent to be bound for it the international treaty and is drawn up in the form of the international act having the same name (the subitem of "b" of Item 1 of article 2 of the Vienna Convention on the right of international treaties of May 23, 1969 (further - the Vienna Convention).
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