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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of July 1, 2005 No. 4

About official interpretation of Item 3 of article 26 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 of X.A., Baltabayeva K. Zh., Belorukova N. V., Nurmagambetov 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 of Taspikhov A. S. and Omarova E. O.,

representatives of the Government of the Republic of Kazakhstan - the first vice-Minister of Justice of the Republic of Kazakhstan Mukashev R. Zh. and vice-Minister of Transport and Communications of the Republic of Kazakhstan Koshanov E. Zh.,

vice-Minister of Economy and Budget Planning of the Republic of Kazakhstan Sultanov B. T.,

vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Abdykalikova G. N.,

vice-chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies Orumbayev A. S,

chief of staff of the Attorney-General of the Republic of Kazakhstan Temirbulatov S. G.

considered in open session two addresses of deputies of Parliament of the Republic of Kazakhstan about official interpretation of Item 3 of article 26 of the Constitution, united in one constitutional production.

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 representatives of the subject of the address and participants of meeting, and also having studied expert opinions - the head of the department of the Russian linguistics of historical and philological faculty of the Euroasian national university of L. N. Gumilev, the Doctor of Philology, professor Kairzhanov A. K. and directors of Research institution of development and examination of legal acts under the Kazakh humanitarian and legal university, Candidate of Law Sciences, associate professor Umurkulov M. K., the Constitutional Council of the Republic of Kazakhstan established:

In the Constitutional Council of the Republic of Kazakhstan on May 13, 2005 and on June 7, 2005 addresses of deputies of Parliament of the Republic of Kazakhstan about official interpretation of Item 3 of article 26 of the Constitution arrived.

In the address which arrived on May 13, 2005 deputies of Parliament ask to give official interpretation of Item 3 of article 26 of the Constitution from line item of admissibility of establishment by legal acts of the republic, including article 13 of the Law of the Republic of Kazakhstan of September 21, 1994 to No. 156-XIII "About transport in the Republic of Kazakhstan", the privileges limiting, in their opinion, private property of individuals.

In other address deputies of Parliament ask to explain Item 3 of article 26 of the Constitution taking into account regulations about withdrawal (redemption) of lands for the state needs established in a number of current laws. Practice of withdrawal (redemption) of lands from owners became reason for such address. Deputies of Parliament believe that in law-enforcement practice not the constitutional concept "state needs" is absolutely precisely and reasonably treated. Besides, deputies consider, in current laws the constitutional concept "state needs" is changed for the concept "state needs".

On the substance of the questions raised in addresses, the Constitutional Council proceeds from the following.

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