RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 1999 No. 14/2

About official interpretation of Item 3 of article 59 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 Busurmanov Zh. D., Kotov A. K., Omarkhanova K. A. and Shopina V. D., with participation of the representative of the subject of the address of the deputy of the Majilis of Parliament Kaptil N. S., considered the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan Ospanov M. T. in open session. about official interpretation of Item 3 of article 59 of the Constitution of the Republic of Kazakhstan.

Having heard the message of the member of the Constitutional Council Shopin V. D., speech of the representative of the subject of the address of the deputy Kaptil N. S. and having got acquainted with the available materials, the Constitutional Council of the Republic of Kazakhstan established:

In the Constitutional Council the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan about official interpretation of Item 3 of article 59 of the Constitution of the Republic of Kazakhstan arrived. In the address the question of possibility of prolongation of session of Parliament of the Republic of Kazakhstan is also put.

In case of official interpretation of Item 3 of article 59 of the Constitution of the Republic of Kazakhstan the Constitutional Council proceeds from the following.

Item 3 of article 59 of the Constitution of the Republic of Kazakhstan establishes holding regular sessions of Parliament of the Republic of Kazakhstan once a year, since first working day of September and till the last working day of June. It means that this regulation provides the general period of session work of Parliament, at the same time the Constitution of the Republic does not contain the regulations prohibiting change of the specified period.

Based on stated, being guided by the subitem 4) of Item 1 of article 72 of the Constitution of the Republic of Kazakhstan, the subitem 1) Articles 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", according to the procedure of official interpretation of Item 3 of article 59 of the Constitution of the Republic of Kazakhstan the Constitutional Council of the Republic of Kazakhstan decides:

1. Item 3 of article 59 of the Constitution of the Republic of Kazakhstan, in relation to address question, should be understood so that this regulation establishes the period of session work of Parliament of the Republic of Kazakhstan which can be extended by the resolution of 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 not subject to appeal, is obligatory in all territory and final taking into account cases, stipulated in Item 4 articles 73 of the Constitution of the Republic of Kazakhstan.

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