RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of October 9, 1998 No. 9/2

About official interpretation of Item 2 of article 41 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the chairman Yu. A. Kim, members of the Constitutional Council Zh. D. Busurmanov, U. K. Ikhsanov, S. G. Temirbulatov and V. D. Shopin with participation of the representative of the subject of the address - the member of Central Election Commission E. 3. Bekbayeva considered in open session the address of the chairman of the Majilis of Parliament of the Republic of Kazakhstan M. T. Ospanov about official interpretation of Item 2 of article 41 of the Constitution of the Republic of Kazakhstan.

Having heard messages of speakers - members of the Constitutional Council V. D. Shopin and Zh. D. Busurmanov, speech of the representative of the subject of the address, having got acquainted with materials according to this address, the Constitutional Council of the Republic of Kazakhstan established:

On October 8, 1998 in the Constitutional Council the address of the chairman of the Majilis of Parliament of the Republic of Kazakhstan M. T. Ospanov about official interpretation of Item 2 of article 41 of the Constitution of the Republic of Kazakhstan regarding the words "fluent in state language" arrived.

In the address questions of word meaning "fluent in state language" and also how also who will establish free ownership of the candidate for president of the Republic of Kazakhstan of state language are raised.

Having studied the available materials according to this address and based on opinions of specialists linguists, the Constitutional Council makes the following explanation on the questions raised in the address.

The words "fluent in state language" mean ability to read, write competently, easily, without difficulties to state the thoughts and to act publicly in Kazakh.

Establishment of free ownership of the candidate for president of the Republic of Kazakhstan of state language is determined by the conclusion of the linguistic commission formed by the resolution of Central Election Commission of the Republic of Kazakhstan as a part of linguists and other specialists in number of at least 5 people.

The procedure of establishment of free ownership of the candidate for president of the Republic of Kazakhstan of state language is determined by the resolution of Central Election Commission according to the subitem 20) of Item 8 of the Regulations on Central Election Commission of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of November 11, 1996 N3205.

Based on stated and 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 according to the procedure of official interpretation of Item 2 of article 41 of the Constitution of the Republic of Kazakhstan decides:

1. The regulation of Item 2 of article 41 of the Constitution of the Republic of Kazakhstan regarding the words "fluent in state language" should be understood as it is competent to read, write ability, easily, without difficulties to state the thoughts and to act publicly in Kazakh.

Establishment of free ownership of the candidate for president of the Republic of Kazakhstan of state language is determined by the conclusion of the linguistic commission formed by the resolution of Central Election Commission of the Republic of Kazakhstan as a part of linguists and other specialists in number of at least 5 people.

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 cases, stipulated in Item 4 articles 73 of the Constitution of the Republic of Kazakhstan.

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