of May 23, 2000 No. 7/1
About refusal in acceptance to the constitutional production of the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of concept (term) "on an equal basis" used in Item 2 of article 7 of the Constitution of the Republic of Kazakhstan
The constitutional Council of the Republic of Kazakhstan as a part of the Chairman Kim Yu. A., members of council of Akuyev N. I., Busurmanova Zh. D., Esenzhanov A. E., Kotova A. K, Omarkhanov K. A. and Shopina V. D., having considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of concept (term) "on an equal basis" used in Item 2 of article 7 of the Constitution of the Republic of Kazakhstan ESTABLISHED:
In the Constitutional Council of the Republic of Kazakhstan the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of concept (term) "on an equal basis" used in Item 2 of article 7 of the Constitution of the Republic of Kazakhstan where they ask to clear also whether use of texts on bank notes along with Kazakh and in Russian is obligatory arrived on May 18, 2000.
Having studied the mentioned address, having studied relevant provisions of the Constitution and regulatory legal acts of the Republic of Kazakhstan, the Constitutional Council does not find the bases for adoption of this appeal to the constitutional production.
According to requirements of the subitem 4) of Item 1 of article 72 of the Constitution of the Republic the Constitutional Advice is given by official interpretation of regulations of the Constitution.
In the context of the resolution of May 8, 1997 "About the address of the President of the Republic of Kazakhstan about compliance of the Constitution of the Republic of Kazakhstan provided for the signature to the President of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan "About languages in the Republic of Kazakhstan" adopted by Parliament of the Republic of Kazakhstan on March 12, 1997" the Constitutional Council already made to No. 10/2 explanation apropos of procedure for the use of the state and Russian languages. The case of the use of the state and Russian languages in case of execution by National Bank of the Republic of Kazakhstan of texts on bank notes in case of their issue is not exception of this procedure.
The subject of the address does not observe requirements imposed to form of the appeal to the Constitutional Council. The text of the address in state language is stated not on the official form and without fastening by the corresponding signatures that means lack of legal force at the document and, therefore, contradicts requirements of article 4 of the Law "About Languages in the Republic of Kazakhstan" of July 11, 1997 and to Item 5 of Article 22 of the Presidential decree, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan".
Based on stated and, being guided by subitems 1) and 3) of Article 25 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 DECIDES:
1. To the constitutional production of the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of concept (term) "on an equal basis" used in Item 2 of article 7 of the Constitution of the Republic of Kazakhstan to refuse acceptance in type of the fact that on the question specified in the address there is decision of the Constitutional Council keeping legal force of May 8, 1997 No. 10/2 "About the address of the President of the Republic of Kazakhstan about compliance of the Constitution of the Republic of Kazakhstan provided for the signature to the President of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan "About languages in the Republic of Kazakhstan" adopted by Parliament of the Republic of Kazakhstan on March 12, 1997"; and also in connection with non-compliance with requirements of the law to form of the appeal to the Constitutional Council.
2. Return the address to Parliament of the Republic of Kazakhstan.
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 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.
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