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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of June 10, 2003 No. 8

About compliance of the Constitution of the Republic of Kazakhstan of the Land code 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 S. F., Esenzhanova A., Kotov A. K. and Omarkhanova K. Ampere-second participation:

the representative of the Head of state - the manager of the sector of state and legal department of Administration of the President of the republic Akkulev A. Sh.,

Minister of Justice of the republic Zhumabekov O. I.,

deputy of the Senate of Parliament of the republic Burlakov L. N., deputies of the Majilis of Parliament of the republic of Abdiyev Zh. N. and Beysenbayev A. A.,

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

vice-Minister of Agriculture of the republic Kurishbayev A. K.,

chairman of the Agency of the republic on management of land resources Ospanov B. S.,

considered in open session the address of the President of the Republic of Kazakhstan about check of constitutionality of the Land code 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 Omarkhanov K. A., speeches of the representative of the subject of the address and participants of meeting, the Constitutional Council of the Republic of Kazakhstan established:

The land code of the Republic of Kazakhstan is accepted by Parliament of the republic on May 19, 2003 according to Item 7 of article 61 of the Constitution of the Republic of Kazakhstan without vote and provided for the signature to the President of the republic on May 27, 2003.

Considering the Land code of the republic regarding its constitutionality, the Constitutional Council of the Republic of Kazakhstan proceeds from the following fundamental provisions of the Constitution of the Republic of Kazakhstan which shall be taken as basis of legal regulation of the legislation on the earth:

1) general beginnings and principles (Item 2 of Article 2, Items 1 and 2 of Article 4, Items 1 and 2 of Article 5, Article 6);

2) the regulations regulating constitutional rights and freedoms of citizens (Items 2 and 5 of Article 12, Item 2 of Article 13, Article 14, Items 2, 3 and 4 Articles 26, Item 1 of Article 31, Article 38, Item 1 of Article 39).

1. According to Item 3 of article 6 of the Constitution "The earth and its subsoil, waters, plant and animal life, other natural resources are in state-owned property. The earth can be also in private property on the bases, conditions and in the limits set by the law".

These constitutional regulations mean that in case of regulation of land relations the Constitution fixes supremacy of the state in determination of legal regimes of property and turnover of the earth, up to establishment of the mode of exclusive property of the state on the earth. At the same time legal issues of property and land relations in the republic are regulated by the laws and legal acts equal to them on legal force, on the basis of the general beginnings and regulations of the Constitution of the republic (Items 1 and 2 of article 4 of the Constitution, resolution of the Constitutional Council of April 13, 2000 N2/2 and of April 23, 2003 N 4).

Such act, in relation to land relations, is the Land code (further - the Code) which is directed to creation of favorable legal conditions and guarantees for realization by citizens of the constitutional rights and freedoms in the social and economic sphere, including by introduction according to Item 3 of article 6 of the Constitution of private property on some categories of lands.

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