Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of August 23, 2005 No. 6

About verification of the laws of the Republic of Kazakhstan "About activities of the international and foreign non-profit organizations in the Republic of Kazakhstan" and "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning non-profit organizations" on compliance 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. and Stamkulova U. M. with participation:

representatives of Chambers of Parliament of the Republic of Kazakhstan - deputies of Parliament of Bultayev K. K. and 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.,

deputy minister of foreign affairs of the Republic of Kazakhstan Zverkov V. P.,

deputy attorney general of the Republic of Kazakhstan Daulbayev A. K.,

Commissioner for Human Rights in the Republic of Kazakhstan Baykadamov B. K.

considered in open session the address of the President of the Republic of Kazakhstan about verification of the laws of the Republic of Kazakhstan "About activities of the international and foreign non-profit organizations in the Republic of Kazakhstan" and "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning non-profit organizations" on compliance 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 Belorukov N. V., speech of representatives of Chambers of Parliament of the Republic and other participants of meeting, having studied the conclusions of ekspertovakademik of National academy of Sciences of the Republic of Kazakhstan, the doctor of jurisprudence, professor, the director of Institute of the state and the right of the Kazakh humanitarian and legal university Sapargaliyev G. S. and the academician of National academy of Sciences of the Republic of Kazakhstan, the doctor of jurisprudence, professor, the director of Research institution of private law of the Kazakh humanitarian and legal university Suleymenov M. K., and also with the conclusion of spetsialistadoktor of jurisprudence, professor, the vice rector of Academy of law - the Higher school of the right of "Adilet" of Malinovsky V. A., the Constitutional Council of the Republic of Kazakhstan established:

The laws of the Republic of Kazakhstan "About activities of the international and foreign non-profit organizations in the Republic of Kazakhstan" and "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning non-profit organizations" are accepted by Parliament of the Republic of Kazakhstan on June 29, 2005 and provided for the signature to the President of the Republic of Kazakhstan on July 4, 2005.

According to the subitem 2) of Item 1 of article 72 of the Constitution the Head of state sent to the Constitutional Council the appeal about consideration of the called laws on their compliance to the Constitution of the Republic of Kazakhstan.

When checking constitutionality of the laws "About Activities of the International and Foreign Non-profit Organizations in the Republic of Kazakhstan" and "About Modification and Amendments in Some Legal Acts of the Republic of Kazakhstan concerning Non-profit Organizations" the Constitutional Council proceeds from the following.

1. The law of the Republic of Kazakhstan "About activities of the international and foreign non-profit organizations in the Republic of Kazakhstan" (further - the Law) is aimed at providing legal regulation of activities of non-profit organizations with foreign participation in the territory of Kazakhstan that is quite justified from line item of the right of the state to legislative regulation of this sphere. Such right enters competence of Parliament of the Republic which, according to the subitem 1) of article 54 of the Constitution, can adopt regulatory legal acts in the form of the laws which are binding in all territory of the country. The parliament has the right to establish by the laws the fundamental principles and regulations concerning legal personality of physical persons and legal entities, the civil laws and freedoms, obligations and responsibility of physical persons and legal entities, and also the mode of property and other corporeal rights (subitems 1) and 2) of Item 3 of article 61 of the Constitution). At the same time, according to Item 1 of article 39 of the Constitution, both individual, and collective rights and freedoms of man and citizen in that measure in what it is necessary for the purpose of protection of the constitutional system, protection of public order, human rights and freedoms, health and morality of the population can be limited. Thereby, the Constitution allocates the legislator with possibility of adequate legal response to the arising challenges to especially protected interests and values of the state and society.

Opportunity and conditions of restriction of right to liberty of associations are provided also by the International Covenant on Civil and Political Rights accepted by the United Nations General Assembly on December 19, 1966 and signed by the Republic of Kazakhstan. According to Article 22 of this document "each person has right to liberty of association, including the right to create labor unions and to enter those for protection of the interests. Use of this right is not subject to any restrictions, except those which are provided by the law and which are necessary in democratic society for the benefit of state security, public order, health protection and morality of the population or protection of the rights and freedoms of other persons".

Regulating activities of the international and foreign non-profit organizations in the territory of Kazakhstan, the legislator allocates them in separate group (type) which legal status is regulated by the special law (article 1-4 of the Law). The possibility of legislative fixing of features of legal status of separate non-profit organizations is provided by the Law of the Republic of Kazakhstan of January 16, 2001 No. 142-II "About non-profit organizations" (Article 3).

All this allows to establish within the separate law for the international and foreign non-profit organizations of feature of regulation of procedure for their organization and activities, without breaking at the same time the constitutional principle of equality of public associations before the law (Item 2 of article 5 of the Constitution).

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.