RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 1997 No. 16/2

About the address of the Chairman of the Senate of Parliament of the Republic of Kazakhstan concerning official interpretation of Item 1 of article 83 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. and members of council of Akuyev N. I., Ikhsanova U. K., Mamonova V. V., Temirbulatov S. G., Shopin V. D, having considered in open session based on article 72 of the Constitution of the Republic of Kazakhstan and the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" the address of the Chairman of the Senate of Parliament of the Republic of Kazakhstan concerning official interpretation of Item 1 of article 83 of the Constitution of the Republic of Kazakhstan, ESTABLISHED:

In the constitutional Council of the Republic of Kazakhstan the address of the Chairman of the Senate of Parliament of the Republic of Kazakhstan O. Baygeldi with request arrived on June 30, 1997 to give official interpretation of Item 1 of article 83 of the Constitution of the Republic of Kazakhstan on the following questions:

1. Whether it is necessary to consider the prosecutor's protest according to the procedure of supervision on the court decree on specific case in the same way, as well as the statement of other participants (parties) of process on this case, or such protest, unlike addresses of other participants (parties) of process, is subject to obligatory consideration in judicial session?

2. Whether the privileged position of the prosecutor contradicts the constitutional principle about equality of all before the law and court to stop the court decrees which took legal effect?

Having studied the mentioned address, having studied relevant provisions of the Constitution of the Republic of Kazakhstan and the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" of December 29, 1995, the Constitutional Council does not find the bases for adoption of this appeal to production.

Official interpretation of Item 1 of article 83 of the Constitution of the Republic of Kazakhstan was already this the Constitutional Council for the address of the President of the Republic of Kazakhstan in the resolution of March 6, 1997.

On the specified decision (resolution) of the Constitutional Council were not brought by the President of the Republic of objection and it keeps legal force. According to 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, having checked the address, refuses adoption of the appeal to production and returns it if constitutionality of the question specified in the address was already checked by the Constitutional Council and there is decision of the Constitutional Council keeping legal force.

As for the questions raised in the address of the Chairman of the Senate of Parliament of the republic, making the conclusions and answers to specific questions outside the powers enshrined in article 72 of the Constitution of the Republic of Kazakhstan is not included into competence of the Constitutional Council. Besides the first of the called matters of substance was already discussed by the Constitutional Council by consideration of the address of the President of the Republic of Kazakhstan of February 10, 1997 about official interpretation of separate regulations of the Constitution of the Republic of Kazakhstan and the answer to it is given in the resolution of the Constitutional Council of March 6, 1997. If judicial authorities have questions of procedure for execution of the specified resolution of the Constitutional Council, they according to Article 35 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" have the right to petition for interpretation of this resolution. In the second question constitutionality of regulations of the current legislation is called in question. The constitutional Council is competent to check compliance of the Constitution of the become effective laws and other regulatory legal acts only in limits and procedure, stipulated in Clause 78 Fundamental laws.

Based on stated and being guided by Articles 25, 31-33 Presidential decrees of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan", the Constitutional Council DECIDES:

1. To production of the address of the Chairman of the Senate of Parliament of the Republic of Kazakhstan concerning official interpretation of Item 1 of article 83 of the Constitution of the Republic of Kazakhstan to refuse acceptance in view of the fact that official interpretation of this constitutional regulation is this in the resolution of the Constitutional Council of March 6, 1997 keeping legal force.

2. Return the address to the Senate of Parliament of the Republic of Kazakhstan.

3. The resolution is not subject to appeal.

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