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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of April 21, 2004 No. 4

About verification of the Law of the Republic of Kazakhstan "About mass media" on compliance of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the chairman Hitrin Yu. A., members of council of Abishev H. A., Baltabayeva K. Zh., Bychkova of Page F., Esenzhanova A., Kotov A. K., Omarkhanova K. A. with participation:

the representative of the President of the Republic of Kazakhstan - the head of department of state legal department of Administration of the President of the republic Pakirdinov M. A.,

deputies of the Senate and Majilis of Parliament of the republic of Dzholdasbayeva N. Ch. and Bakir A. K.,

deputy attorney general of the republic Daulbayev A. K.,

vice-minister of information of the republic Doszhan A. D.,

vice-Minister of Justice of the republic Bekbosunov S. M.

considered in open session the address of the President of the Republic of Kazakhstan about verification of the Law of the republic "About mass media" regarding compliance of the Constitution of the Republic of Kazakhstan.

Having studied materials of the constitutional production and 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, the Constitutional Council of the Republic of Kazakhstan established:

The law of the Republic of Kazakhstan is adopted "About mass media" by Parliament of the republic on March 18, 2004 and provided for the signature to the President of the Republic of Kazakhstan on March 25, 2004.

According to the subitem 2) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan the Head of state introduced in the Constitutional Council the address about consideration of the Law "About Mass Media" on compliance of the Constitution of the Republic of Kazakhstan.

1) general provisions (Articles 1, 7 and others);

2) the regulations regulating constitutional rights and freedom of man and citizen in relation to area of mass media (Article 12, 13, 18, 20, 39 and others);

3) the regulations regulating questions of activity of the courts and departure of justice by them (Article 75-77);

4) the regulations regulating legislative process in the Republic of Kazakhstan (Articles 45, 61, 66).

The legal line items of the Constitutional Council formulated in its normative resolutions which are also following from the Constitution of the republic are taken into account.

1. Item 1 of article 20 of the Constitution of the republic guarantees freedom of expression and creativity that assumes the right to free expression of opinions, views, beliefs, the ideas in different types and forms including through mass media. Realization of these constitutional provisions is provided with the law regulating legal possibility of everyone to receive and distribute information by any lawful methods, and also establishment of prohibition on censorship (Items 1 and 2 of article 20 of the Constitution).

Guarantees of constitutional right for freedom of expression are the regulations of Items 1 and 2 of article 3 of the Law which are corresponding to provisions of Items 1 and 2 of article 20 of the Constitution, and also article 7 of the Law, not allowing illegal intervention in activities of mass media. At the same time it is provided in Item 3 of article 3 of the Law that "state bodies, public associations, officials and mass media shall provide to each citizen opportunity to study the documents affecting its rights and interests, decisions and sources of information". This regulation literally reproduces content of Item 3 of article 18 of the Constitution.

According to article 7 of the Constitution of the republic "in the Republic of Kazakhstan Kazakh is state" (Item 1), at the same time "the state cares for creation of conditions for studying and development of languages of the people of Kazakhstan" (Item 3). To these constitutional provisions there correspond the regulations of article 6 of the Law regulating questions of language of mass media. Establishment of requirements that the weekly amount television and broadcasts of mass media in state language on time shall not be less total amount of transfers in other languages, and also about uniform distribution of transfers in state language in daily broadcasting schedule does not restrain the status of other languages as it is directed to implementation of general provisions and the principles enshrined in Article 7 of the Fundamental law.

Will lock stipulated in Item 4 articles 4 of the Law in mass media to determine results of legal proceedings it is aimed at providing fulfillment of requirements of Items 1, 2 and the subitem 1) of Item 3 of Article 77 of the Fundamental law. According to the resolution of the Constitutional Council of August 5, 2002 of N5 the principles of independence of judges and inadmissibility of intervention in activities of court for administration of law mean non-admission before decision on specific case of illegal impact at court in any manifestations from somebody for the purpose of hindrance to implementation of the objective and impartial justice based on requirements of the Constitution and the laws by it.

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