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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of January 24, 2003 No. 9

About the termination of the constitutional production on idea of the Almaty district court of the city of Astana of compliance of the Constitution of the Republic of Kazakhstan of article 26 of the Law of the Republic of Kazakhstan "About recovery of victims of mass political repressions" of April 14, 1993

The constitutional Council of the Republic of Kazakhstan as a part of the chairman Hitrin Yu. A., members of council of Abishev of X.A., Baltabayeva K. Zh., Bychkova of Page F., Esenzhanova A. E., Kotova A. K., Omarkhanova K. A. with participation of representatives of the subject of the address - the chairman and the judge of the Almaty district court of the city of Astana Tasyrov E. D. and Zhambulova R. U., deputy of the senate of parliament of the republic Zhumabayev E. Zh., representative of the government of the republic of the Minister of Justice of the republic Kim G. V., deputy attorney general of the republic Zhukenov A. T., judge of the Supreme Court of the republic Baishev Zh. N., Commissioner for Human Rights of the republic Baykadamov B. K. vice-Minister of Justice of the republic Shamsutdinov R. Sh., vice-Minister of Labour and Social Protection of the population of the republic Dyuysenova T. B., director of the department of the Ministry of Economy and Budget Planning of the republic Kurmangaliyeva A. D., the expert Umurkulov M. G. - the head of the department of civil disciplines of the Kazakh humanitarian and legal university, Candidate of Law Sciences, the associate professor N2143-XII "About Recovery of Victims of Mass Political Repressions" considered at open session idea of the Almaty district court of the city of Astana of recognition of unconstitutional article 26 of the Law of the Republic of Kazakhstan of April 14, 1993.

Having studied the available materials, including expert opinions, the president of the Union of lawyers of the republic Kuanyshbayeva R. S., Umurkulov M. G., having heard the message of the speaker - the member of the Constitutional Council Bychkova of Page F. and performances of participants of meeting, the Constitutional Council of the Republic of Kazakhstan established:

in the Constitutional Council of the republic idea of the Almaty district court of the city of Astana of recognition of unconstitutional article 26 of the Law of the Republic of Kazakhstan of April 14, 1993 of N2143-XII "About recovery of victims of mass political repressions on December 24, 2002 arrived" (further - the law).

Reason for the appeal to the Constitutional Council was the civil case which is in production of the Almaty district court of the city of Astana in the claim Akhmetzhan of T.X. to the government of the Republic of Kazakhstan, the Prosecutor General's Office, the Ministry of Justice and the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan about collection of the harm done owing to political repressions. Follows from representation of court that the satisfaction of requirements is interfered by article 26 of the law in which it is specified: "Operation of articles 18-24 of this law extends on the victims of the mass political repressions rehabilitated to the introduction of this law in force".

From materials of the constitutional production it is seen that in understanding of article 26 of the law uncertainty is found out that leads to different line items in law-enforcement practice, including judicial.

One courts consider that operation of articles 18-24 of the law has strict temporary restriction and is applied only in relation to the victims of political repressions rehabilitated to the introduction of the law in force.

Other courts believe that Article 26 specifies retroactive effect of above-mentioned regulations in relation to the faces rehabilitated before its entry into force.

Owing to different understanding of regulations of article of the law, local courts, considering cases on similar claims of citizens, resolve them differently: satisfy claims about distribution of the privileges and compensations provided by the law on the victims of political repressions including on rehabilitated after introduction of the law in action or do not recognize behind them such right.

During preparation of materials of the constitutional production the Constitutional Council found out that the Supreme Court of the republic, the government of the republic, the Ministry of Labour and Social Protection of the population and the Ministry of Justice of the republic adhere to the line item which is not interfering citizens in realization of the rights provided by the law.

Because activity of the courts on administration of law contains opposite approaches on application of some provisions of the Law "About Recovery of Victims of Mass Political Repressions", ensuring their uniform understanding by explanation of the relevant standards is necessary that according to article 81 of the Constitution of the republic is within the competence of the Supreme Court of the republic. This legal line item contains also in the resolution of the Constitutional Council of October 23, 2002 of N8 on similar representation of Medeusky district court of the city of Almaty.

Based on stated and being guided by the subitem 3) of Item 1 of Article 30, Articles 31-33, 40 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 of the Republic of Kazakhstan decides:

1. Stop the constitutional production on idea of the Almaty district court of the city of Astana of recognition of unconstitutional article 26 of the Law of the Republic of Kazakhstan of April 14, 1993 of N2143-XII "About Recovery of Victims of Mass Political Repressions" in connection with not jurisdiction to the Constitutional Council of the Republic of Kazakhstan of the declared address.

2. To the Supreme Court of the Republic of Kazakhstan according to article 81 of the Constitution of the Republic of Kazakhstan to accept the normative resolution explaining questions of application of the Law of the Republic of Kazakhstan of April 14, 1993 to N2143-XII "About Recovery of Victims of Mass Political Repressions".

To report about the taken measures to the Constitutional Council of the Republic of Kazakhstan in six-months time.

3. According to Item 3 of article 74 of the Constitution of the Republic of Kazakhstan the resolution becomes effective from the date of its acceptance, is not subject to appeal, is obligatory in all territory of the republic and final taking into account case, stipulated in Item 4 articles 73 of the Constitution of the Republic of Kazakhstan.

 

Chairman

Constitutional council

Republic of Kazakhstan Yu.Khitrin

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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