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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of July 9, 2001 No. 12/2

About constitutionality of the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan", accepted by Parliament of the Republic of Kazakhstan on June 26, 2001

The constitutional Council of the Republic of Kazakhstan as a part of the Chairman Hitrin Yu. A., members of council Busurmanov Zh. D., Kotov A. K., Omarkhanova K. A. and Shopina V. D., with participation:

the representative of the subject of the address - the deputy of the Majilis of Parliament of the Republic of Kazakhstan Makalkin V. I.;

deputy attorney general of the Republic of Kazakhstan Daulbayev A. K.;

vice-Minister of Justice of the Republic of Kazakhstan Kotlov A. N.;

first deputy of the Agency on management of land resources of the Republic of Kazakhstan Sizov A. P.;

first deputy akim of Astana Galimov F. H.,

considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about compliance of the Constitution of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan", accepted by Parliament on June 26, 2001.

Having studied the available materials, having heard the speaker - the member of council Busurmanov Zh. D. and participants of meeting, the Constitutional Council of the Republic of Kazakhstan of USTANOVIL:

1. In the Constitutional Council of the Republic of Kazakhstan the address of group of deputies of Parliament of the Republic of Kazakhstan about compliance of the Constitution of the Republic of Kazakhstan of the subitem 1) of Item 2 of the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan", the Parliament of the Republic of Kazakhstan and the Parliament of the Republic of Kazakhstan accepted by the Senate approved by the Majilis on June 26, 2001 on July 2, 2001 arrived.

This subitem makes addition to Item 4 of article 3 of the Law of the Republic of Kazakhstan "About the status of the capital of the Republic of Kazakhstan" of May 20, 1998 according to which executive bodies of the capital within the competence make decisions on withdrawal (redemption) of lands for the state needs. At the same time owners of the parcels of land or non-state land users shall not later than three months before the forthcoming withdrawal (redemption) of sites be in writing notified on it according to the procedure, established by the legislation of the Republic of Kazakhstan. According to the subject of the address it worsens the rights of residents of the capital in comparison with the rights of inhabitants of other regions of the country. This conclusion is based that according to Article 255 of the Civil code of the Republic of Kazakhstan (further - group of companies) and Articles 67, of 69, 70 Laws of the Republic of Kazakhstan in all territory of the Republic the executive body about withdrawal of the parcel of land for the state needs shall notify "On the earth" in writing the owner one year prior to withdrawal.

In this connection, deputies of Parliament addressed to the Constitutional Council about recognition of the subitem 1) of Item 2 of the Law "About Modification and Amendments in Some Legal Acts of the Republic of Kazakhstan" accepted by Parliament of the Republic of Kazakhstan on June 26, 2001, inappropriate to article 14 of the Constitution of the Republic of Kazakhstan which fixed equality of all before the law and rejecting kakuyulibo discrimination based on the residence or on any other circumstances.

2. Having analysed regulations of the Constitution of the Republic and materials according to the considered address, the Constitutional Council proceeds from the following.

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