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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of June 15, 2000 No. 8/2

About official interpretation of item 4 of article 92 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the Acting Chairman of the Constitutional Council Akuyev N. I., members of council Busurmanov Zh. D., Esenzhanov A., Kotov A. K., Omarkhanova K. A. and Shopina V. D., with participation of the representative of the subject of the address Daulbayev of A.K.deputat Mazhilis of Parliament of the Republic of Kazakhstan considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan which arrived on June 2, 2000 about official interpretation of item 4 of article 92 of the Constitution of the Republic of Kazakhstan. Having heard the message of the speaker Akuyev N. I., speech of the representative of the subject of the address and having studied the available materials, the Constitutional Council of the Republic of Kazakhstan established:

According to item 4 of article 92 of the Constitution of the Republic of Kazakhstan the legislation of the Republic of Kazakhstan existing at the time of entry into force of the Constitution is applied in the part which is not contradicting it and within two years from the date of adoption of the Constitution shall be brought into accord with it. Item 1 of article 92 of the Constitution determines that the constitutional laws shall be adopted within year from the date of the introduction of the Constitution in force, and Item 2 of the same Article - that other laws called in the Constitution shall be adopted according to the procedure and the terms determined by Parliament, but no later than two years from the date of the introduction of the Constitution in force.

The specified regulations of the Constitution determine the time frames which are taken away for reduction of the current legislation in compliance with the Constitution of the Republic. At the same time the Constitution differentiates the concepts connected with day of adoption of the Constitution (on August 30, 1995) and its introductions in force (on September 5, 1995). Proceeding from it, the current legislation shall be brought into accord with the new Constitution till August 30, 1997.

The constitutional laws shall be adopted or brought into accord with the Constitution till September 5, 1996, and other laws called in the Constitution - till September 5, 1997.

"Bring the Constitution provision into accord" means need of elimination of the regulations contradicting the Constitution containing in earlier adopted regulatory legal acts by introduction of amendments and amendments to these acts, cancellations of such acts in general or their separate parts. Besides, reduction of the legislation in compliance with the Constitution means also acceptance in necessary cases of the new legal acts caused by the Constitution.

The constitutional regulations of Items 1, of 2, 4 Articles 92 have imperative character, have the highest legal force and direct action in all territory of the Republic. The constitution obliges Parliament, the Government of the Republic, other state bodies and officials to bring the current legislation into accord with the Constitution in the time established by it.

The two-year term established by the Constitution for reduction of the current legislation in compliance with the Constitution is obligatory for all subjects performing law-making activities. Failure to carry out of the specified actions is at the scheduled time violation of regulations of the Constitution.

Legislative and other regulatory legal acts which were not brought into accord with the Constitution of the country in the two-year time established by it are applied regarding not contradicting Constitution. Not reduction of the current legislation in compliance with the Constitution does not mean their automatic cancellation as no considered article of the Constitution, other its regulations contain instruction on loss of their legal force for the expiration of two-year term.

Thus, the legislation of the Republic of Kazakhstan existing at the time of entry into force of the Constitution keeps the legal force in the part which is not contradicting it.

Based on stated and being guided by the subitem 4) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan, the subitem 1) of Item 3 of Article 17, Article 37 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 according to the procedure of official interpretation of item 4 of article 92 of the Constitution of the Republic of Kazakhstan DECIDES:

1. The item 4 of article 92 of the Constitution of the Republic of Kazakhstan should be understood so:

- the legislation of the Republic of Kazakhstan existing at the time of entry into force of the Constitution shall be brought into accord with it within two years from the date of adoption of the Constitution that assumes elimination of the regulations contradicting the Constitution containing in earlier adopted regulatory legal acts by introduction of amendments and amendments to these acts, cancellations of such acts in general or their separate parts and also acceptance in necessary cases of the new legal acts caused by the Constitution;

- the two-year term established by the Constitution for reduction of the current legislation in compliance with the Constitution is obligatory for all subjects performing law-making activities. Failure to carry out of the specified actions is at the scheduled time violation of regulations of the Constitution;

- the legislation of the Republic of Kazakhstan existing at the time of entry into force of the Constitution in the part which is not contradicting it keeps the legal force before reduction it in compliance with the constitutional regulations.

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

3. Publish this resolution in the Kazakh and Russian languages in official republican printing publications.

 

Acting Chairman

Constitutional Council

Republic of Kazakhstan

 

 

N. Akuyev

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