RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of December 1, 2003 No. 12

About official interpretation of articles 10 and 12 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. and Omarkhanova K. A. with participation:

the representative of the subject of the address - the deputy of the Majilis of Parliament of the republic Alibayev S. B.,

the representative of the Government of the republic - the first vice-Minister of Justice of the republic Merkel I. D.,

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

secretary of Central Election Commission of the republic Foos V. K.,

directors of the department of consular service of the Ministry of Foreign Affairs of the republic Konurbayeva of B.C.,

deputy chief of department of migratory police of the Ministry of Internal Affairs of the republic Sergeyev A. P.

considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of articles 10 and 12 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 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:

In the Constitutional Council of the Republic the address of group of deputies of Parliament of the Republic about official interpretation of article 10 of the Constitution of the Republic of Kazakhstan which contains request arrived to provide the answer to question: whether the citizen of the Republic of Kazakhstan who at the same time is citizen of other state, has constitutional rights and freedoms of the citizen of the Republic of Kazakhstan (the right to choose, be elected).

According to the subitem 1) of Item 3 of Article 21 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, the subject of the address declared the petition for increase in amount of the address and giving "the Constitutional Council of the Republic of Kazakhstan" in addition interpretation of article 12 of the Constitution as above-mentioned, the question concerns also its provisions.

In case of interpretation of regulations of articles 10 and 12 of the Constitution of the Republic of Kazakhstan in relation to the question raised in the address the Constitutional Council of the Republic of Kazakhstan proceeds from the following systems analysis of the relevant constitutional standards.

1. In preamble of the Constitution of the republic it is told: "We, the people of Kazakhstan combined by general historical destiny, creating statehood..., proceeding from the sovereign right, we accept this Constitution". Item 1 of article 3 of the Constitution establishes the principle "the single source of the government the people are". Follows from the specified constitutional provisions that basis of the state of the Republic of Kazakhstan, its sovereignty, independence and the constitutional system the people of Kazakhstan are. With respect thereto the Constitution provisions regulating questions of nationality (Article 10), that is relevancy of person to the state of Kazakhstan, constitute one of fundamental constitutional legal institutions.

The people of the Republic of Kazakhstan, based on the sovereign right, determined constitutional and legal filling of institute of nationality.

Follows from the analysis of provisions of the Constitution of the Republic that nationality represents the constitutional legal bond of person with the state of Kazakhstan which is characterized by the lasting and steady relations and availability of set of their mutual rights and obligations (regulation of Articles 1 - 3, the Section II and others).

Item 1 of article 10 of the Constitution proclaims the principles of unity and equality of nationality of the Republic of Kazakhstan. The constitutional principle of unity of nationality proceeds from unitarity of the state and means that citizens of the republic have the single legal status which is based on single constitutional legal personality (Item 1 of Article 2, Item 3 of Article 12, Item 1 of article 13 of the Constitution). It is necessary to understand equal rights as the principle of equality of nationality, freedoms and obligations of citizens of the republic irrespective of origin, social, official and property status, race, nationality, language, the relation to religion, beliefs, the residence or any other circumstances. Constitutional and legal legitimacy of nationality is provided in Item 1 of article 10 of the Constitution - it is recognized only case of its acquisition on legal causes.

Regulations about nationality are included in the Section II "Man and citizen" of the Constitution of the republic and are united in Article 10, with which structurally the specified Section begins. The fact that constitutional legal regulation of rights and freedoms of man and citizen is preceded by regulations about nationality as it establishes specific orientation and content of constitutional rights, freedoms and obligations of person is significant.

The institute of nationality is the determining sign of sovereignty, independence and the constitutional system of the Republic as only the people of Kazakhstan consisting of citizens of the state are "the single source of the government" and "performs the power directly through republican referendum and free elections, and also delegates implementation of the power to state bodies" (Items 1 and 2 of article 3 of the Constitution). The constitution differentiates legal status of the personality, using the terms "citizen of the Republic of Kazakhstan", "everyone", "in total", "foreigners" and "stateless persons". At the same time it is necessary to understand that when in the text of the Constitution it is told about "everyone" and "everything", mean both citizens of the republic, and persons which do not have nationality of the republic; when "citizens of the Republic of Kazakhstan" - only the faces tied by nationality with the state of Kazakhstan. Thereby the Constitution establishes for these subjects different amount of the rights and freedoms which they can use, and different amount of obligations which are assigned to them.

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