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.
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