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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of August 19, 2005 No. 5

About official interpretation of Items 1 and 3 of Article 41 and Item 1 of article 94 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 Kotovich V. N.;

the representative of the Government of the Republic of Kazakhstan - the vice-Minister of Justice of the Republic of Kazakhstan Kustavletov D. R.;

representative of the Prosecutor General's Office of the Republic Kazakhstanzamestitelya of the Attorney-General of the Republic of Kazakhstan Daulbayev A. K.;

the secretary of Central Election Commission of the Republic of Kazakhstan there is Foosa V. To

considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of Items 1 and 3 of Article 41 and Item 1 of article 94 of the Constitution of the Republic of Kazakhstan.

Having studied materials of the constitutional production, having heard the message of the speaker - the member of the Constitutional council Bychkova of Page F., speeches of the representative of the subject of the address and participants of meeting, and also experts - the academician of National academy of Sciences of the Republic of Kazakhstan, the doctor of jurisprudence, professor, the head of the department of the theory and history of state and law of the Kazakh humanitarian and legal university Baymakhanov M. T., doctor of jurisprudence, professor, head of the department of the constitutional and administrative law of Al-Farabi Kazakh National University Kenzhaliyev Z. Zh. and the doctor of jurisprudence, professor, the vice rector for study of Academy of law - the Higher school of the right of "Adilet" of Udartsev of Page F., the Constitutional council of the Republic of Kazakhstan established:

The group of deputies of Parliament of the republic appealed to the Constitutional council to give interpretation of Item 1 of Article 41 and Item 1 of article 94 of the Constitution of the Republic of Kazakhstan and to determine - what of the specified regulations of the Constitution have priority and, respectively, by what of them it is necessary to be guided in case of establishment of date of regular elections of the President of the Republic of Kazakhstan and the announcement of this date by the Majilis of Parliament of the Republic.

Availability in the Constitution of regulations which, according to the subject of the address, differently determine terms of holding the regular presidential elections formed the basis for the address, namely: "If to be guided by Item 1 of article 41 of the Constitution of the republic which can be regarded as regulation, general for all cases of presidential elections then the regular such elections shall be held on the first Sunday of December, 2005 as the seven-year term of office of the acting Head of state expires on January 20, 2006, that is in day when 7 years ago the elected President of Kazakhstan took the oath (the moment of bringing of the oath, according to Item 1 of article 42 of the Constitution of the republic, is the moment of assumption of office of the elected Head of state).

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