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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of April 29, 2005 No. 3

About check of constitutionality of article 13 of the Law of the Republic of Kazakhstan "About social protection of the citizens who were injured owing to ecological disaster in Priaralye"

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., Belorukov N. V., Bychkova S. F., Nurmagambetova A. M., Stamkulova U. M. with participation:

the representative of the subject of the address - the judge of the Supreme Court of the Republic of Kazakhstan Baishev Zh. N.,

the representative of the Government - the vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of Duysenovy T. B.,

vice-Minister of Justice of the Republic of Kazakhstan Bekbosunov S. M.,

vice-Minister of Finance of the Republic of Kazakhstan Amrin A. K.,

vice-Minister of Economy and Budget Planning of the Republic of Kazakhstan Isaev B. A.,

first vice-minister of environmental protection of the Republic of Kazakhstan Kesikbayev S. K.,

representative of the Prosecutor General's Office of the Republic Kazakhstanrukovoditelya of the office of the Attorney-General of the Republic of Kazakhstan Temirbulatov S. G.

considered in open session idea of the Supreme Court of the republic of recognition of unconstitutional article 13 of the Law of the Republic of Kazakhstan of June 30, 1992 No. 1468a-XII "About social protection of the citizens who were injured owing to ecological disaster in Priaralye".

Having studied materials of the constitutional production, having heard the message of the speaker - the member of the Constitutional Council Baltabayev K. Zh., speeches of the representative of the subject of the address and participants of meeting, and also having studied expert opinions - the dean of law department of Al-Farabi Kazakh National University, the doctor of jurisprudence, professor Baydeldinov D. L., the managing department of labor right and civil process of Al-Farabi Kazakh National University, Candidate of Law Sciences, associate professor Mezhibovskaya I. V. managing department of pediatrics of the Kazakh national medical university of S. D. Asfendiyarov, the doctor of medical sciences, professor Mazhitova Z. H., Candidates of Biology, associate professors of biology and ecology of the Euroasian national university of L. N. Gumilev of Inkarova Zh. I. and Akbayeva L. H., the Constitutional Council of the Republic of Kazakhstan established:

In the Constitutional Council of the Republic of Kazakhstan idea of the Supreme Court of the republic of recognition of unconstitutional article 13 of the Law of the Republic of Kazakhstan of June 30, 1992 No. 1468a-XII "About social protection of the citizens who were injured owing to ecological disaster in Priaralye" arrived.

Follows from representation that in production of the Supreme Court there is claim of the citizen Sergaziyev S. N. to the Government of the republic about recognition of the resolution of the Cabinet of Ministers of the Republic of Kazakhstan of December 17, 1992 No. 1057 "About measures for implementation of the Law of the Republic of Kazakhstan of June 30, 1992 "About social protection of the citizens who were injured owing to ecological disaster in Priaralye" contradicting the law.

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