of May 6, 2003 No. 3
About the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of Items 1 and 2 of article 7 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., Esenzhanova A. E., Kotova A. K. and Omarkhanova K. A., having considered the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of Items 1 and 2 of article 7 of the Constitution of the Republic of Kazakhstan, ESTABLISHED:
In the Constitutional Council of the Republic of Kazakhstan the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of Items 1 and 2 of article 7 of the Constitution of the Republic of Kazakhstan arrived. In case of interpretation of regulations of the specified article of the Constitution deputies ask to explain ratio of the concepts "state language" and "officially the used language", and also number of questions concerning the use and protection of languages in the Republic of Kazakhstan.
Having studied the address of deputies of Parliament, and also having studied relevant provisions of the Constitution and the legislation of the Republic of Kazakhstan, the Constitutional Council does not find the bases for adoption of this appeal to the constitutional production.
State language in the Republic of Kazakhstan, according to Item 1 of article 7 of the Constitution, is Kazakh. On an equal basis with Kazakh, in the state organizations and local government bodies, 2 same articles of the Constitution are stipulated in Item, Russian is officially used. Concerning ratio in the use of the Kazakh and Russian languages by the Constitutional Council of the Republic of Kazakhstan the explanation was already given in resolutions of May 8, 1997 to N10/2 and of May 23, 2000 by N7/1.
Other questions raised in the address of deputies of Parliament of official interpretation of Items 1 and 2 of article 7 of the Constitution belong to the sphere of legislative regulation and law-enforcement practice.
According to articles 61 and 93 of the Constitution of the Republic the public relations in the field of the use of state language shall be regulated by the law.
The constitutional Council in case of official interpretation of regulations of the Constitution has no right to establish special procedure for application state and officially used languages, other their ratio in law-enforcement practice.
Regulation of the public relations falling within the scope of the use and protection of languages is within the competence of legislature of the Republic of Kazakhstan.
Based on stated and, being guided by subitems 2) and 3) of Article 25 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan", the Constitutional Council DECIDES:
1. To the constitutional production of the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of Items 1 and 2 of article 7 of the Constitution of the Republic of Kazakhstan to refuse acceptance.
2. Return the address to Parliament of the Republic of Kazakhstan.
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