RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of March 15, 1999 No. 1/2

About official interpretation of Item 5 of article 50 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the chairman of the board Kim Yu. A., members of council of Akuyev N. I., Busurmanova Zh. D., Ikhsanov U. K., Mamonova V. V., Temirbulatov S. G. and Shopin V. D., with participation of deputies of Parliament of the Republic of Kazakhstan Vesnina V. N., Kaptil N. S. and Ramazanova A.M. based on the subitem 4 of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan and the subitem 1) of Item 3 of Article 17 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" considered in open session the address of fifty four deputies of Parliament of the Republic of Kazakhstan about official interpretation of Item 5 of article 50 of the Constitution of the Republic of Kazakhstan.

Having heard the message of the speaker - the member of the Constitutional Council Shopin V. D., speech of the deputies Vesnina V. N., Kaptil N. S. and Ramazanova A.M. representing the interests of subjects of the address - group of deputies of Parliament of the Republic of Kazakhstan, the Constitutional Council 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 regulation of Item 5 of article 50 of the Constitution of the Republic of Kazakhstan concerning its distribution for term of office of deputies of current Parliament arrived on February 15, 1999.

Having studied regulations of the existing Constitution of the Republic of Kazakhstan and other materials on case in point, having listened to speeches of representatives of deputies of Parliament of the Republic, the Constitutional Council proceeds from the following.

Item 5 of article 50 of the Constitution of the Republic of Kazakhstan enacted from the date of publication of the Law of the Republic of Kazakhstan "About modification and amendments in the Constitution of the Republic of Kazakhstan" of October 7, 1998 establishes term of office of deputies of the Senate six years, term of office of deputies of the Majilis - five years.

Deputies of the Majilis and half of the elected deputies of the Senate of current Parliament of the Republic of Kazakhstan are elected in December, 1995, other half of the elected deputies of the Senate is elected in October, 1997 for a period of four years according to Item 2 of Article 49 and article 95 of the Constitution of the Republic of Kazakhstan in edition of August 30, 1995.

In final and transitional provisions of the existing Constitution in Item 1 of Article 95 it is specified that one half of deputies of the Senate of the first convocation is elected for a period of four years, other half of deputies - for a period of two years. According to this regulation term of office of deputies of the Senate - six years, stipulated in Item the 5th article 50 of the Constitution, does not extend to term of office of deputies of the Senate of current Parliament of the Republic.

Concerning term of office of deputies of the Majilis of Parliament of the first convocation in the existing Constitution of the Republic there are no instructions, besides that in final and transitional provisions of the Constitution Article 95 is added with Item 2, according to which regulations on elections of deputies of the Majilis of Parliament on the basis of party lists are applied since elections of deputies of the Majilis of the second convocation. Considering that the legislator, increasing terms of office of deputies of Parliament of the Republic, in final and transitional provisions of the Constitution did not stipulate term of office of deputies of the Majilis of the first convocation, the four-year term of office to which they were elected on December 9, 1995 according to Item 2 of article 49 of the Constitution of the Republic in edition of August 30, 1995 also extends to them.

Based on stated, being guided by the subitem 4 of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan, Articles 33, of 37, 38 Presidential decrees 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 in connection with official interpretation of regulation of Item 5 of article 50 of the Constitution of the Republic of Kazakhstan decides:

1. The regulation of Item 5 of article 50 of the Constitution of the Republic of Kazakhstan establishing term of office of deputies of the Senate - six years, term of office of deputies of the Majilis - five years, it is necessary to understand so that these terms do not extend to deputies of current Parliament of the Republic of Kazakhstan.

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 the cases provided by Items 2 and 3 of Article 38 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan".

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