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RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of June 20, 2000 No. 12/2

About official interpretation of Item 5 of article 42 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 board 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 - the Chairman of Committee on the legislation and judicial and legal reform of the Majilis of Parliament of the Republic of Kazakhstan Zhalybin S. M., considered in open session the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan about official interpretation of Item 5 of article 42 of the Constitution of the Republic of Kazakhstan.

Having studied the provided materials, having heard speakers - members of the Constitutional Council Shopin V. D. and Kotov A.K., speech of the representative of the subject of the address, the Constitutional Council of the Republic of Kazakhstan established:

In the Constitutional Council of the Republic of Kazakhstan the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan Zh. Tuyakbaya about official interpretation of Item 5 of article 42 of the Constitution of the Republic of Kazakhstan arrived on June 9, 2000.

In case of interpretation of this constitutional regulation the subject of the address asks to establish whether the prohibition on election as the President of the Republic provided by it more than two time in a row extends to person performing powers of the President of Kazakhstan before its election to this position on the elections which took place on January 10, 1999.

By consideration of this address the Constitutional Council proceeds from the following.

According to Item 5 of article 42 of the Constitution of the Republic "the same person cannot be elected the President of the Republic more than two time in a row". The given constitutional regulation demonstrates that the same person can be elected according to the procedure of article 41 of the Constitution of the Republic of 1995 and the Constitutional law of the Republic of Kazakhstan corresponding to it "About elections in the Republic of Kazakhstan" only two times in a row.

The institute of presidency in Kazakhstan was entered by the Law of the Kazakh SSR "About organization of post of the President of the Kazakh SSR and modification and amendments into the Constitution (Fundamental law) of the Kazakh SSR" of April 24, 1990 based on which the first President of Kazakhstan was elected on April 24, 1990 by the Supreme Council of the Kazakh SSR.

According to the Law of the Kazakh SSR "About election of the president of the Kazakh SSR" of October 16, 1991 and the Resolution of the Supreme Council of the Kazakh SSR "About calling of an election of the President of the Kazakh SSR" of October 16, 1991 election of the president of the Kazakh SSR was appointed to December 1, 1991. The Supreme Council of the Kazakh SSR proposed as the candidate for president of the Kazakh SSR of Nazarbayev Nursultan Abishevich elected on December 1, 1991 citizens of Kazakhstan the President. The oath was taken to the people of the republic by the President of the Kazakh SSR on the Constitution of the Kazakh SSR of 1978.

The first Constitution of the Republic of Kazakhstan as independent state, accepted on January 28, 1993 by the Supreme Council of the Republic, in Article 10 of "Transitional provisions" kept powers of the President of the Republic, the electee according to the legislation of the Kazakh SSR.

On the republican referendum which took place on April 29, 1995 at the initiative of Assembly of the people of Kazakhstan according to the Resolution of the Central commission of referendum of the Republic of Kazakhstan N 13 of May 3, 1995 the term of office of the first President of Kazakhstan was prolonged till December 1, 2000.

The resolution of Parliament of the Republic of Kazakhstan of October 8, 1998 N103-1 term of office of the President of the Republic Nazarbayev N. A., established by republican referendum on April 29, 1995, it is reduced to assumption of office of the new President of the Republic of Kazakhstan elected at the presidential elections appointed by the Majilis of Parliament of the Republic for January 10, 1999. The resolution of Central Election Commission of November 19, 1999 Nazarbayev N. A. among other applicants it was registered by the candidate for president of the Republic of Kazakhstan.

The resolution of Central Election Commission of the Republic of Kazakhstan of January 15, 1999 N3/182 is registered by the President of the Republic of Kazakhstan Nazarbayev Nursultan Abishevich elected on January 10, 1999 on the basis of acting Constitution of the Republic and the Constitutional law "About Elections in the Republic of Kazakhstan".

In view of all above circumstances, and also the fact that with adoption of the Constitution of the Republic of 1995 the constitutional system which established the new form of government of the Republic and the status of the President of Kazakhstan as the head of state and his management official radically changed the Constitutional Council considers that the first term of office of the President of the Republic of Kazakhstan provided by the Constitution of the Republic of 1995 with changes and amendments of October 7, 1998 should be estimated from the moment of inauguration of the President of the Republic Kazakhstans on January 20, 1999. Based on this Constitution and according to the Constitutional law of the Republic of Kazakhstan "About elections in the Republic of Kazakhstan" on January 10, 1999 the President of the Republic of Kazakhstan was elected for the first time. According to new amount of constitutional rights and obligations for the first time the President of the Republic of Kazakhstan elected on alternative basis took the oath to the people of Kazakhstan on the Constitution of 1995.

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