RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of February 21, 1997 No. 4

About refusal in acceptance of representation of the judge to the constitutional production

The constitutional Council of the Republic of Kazakhstan in structure: Chairman Yu. Kim, members of council: N. Akuyeva, U. Ikhsanov, V. Mamonov, S. Sabikenov, S. Temirbulatov, V. Shopin, having considered representation of the judge of Akmola regional court Boretskaya A. in open session established:

In the Constitutional Council representation on the form of Akmola regional court signed by the judge Boretskaya A. on civil case of N3/8 in Zhalgasov E. B. claim arrived. about recognition illegal the order of regional justice department on refusal in registration of regional Bar N2. Materials of the specified civil case are attached to representation of the judge.

Some arguments which formed the basis for the appeal to the Constitutional Council which could be consideration subject in case of adoption of the appeal to production are given in representation of the judge. However the appeal (representation) of the judge to the Constitutional Council of the Republic of Kazakhstan does not meet the requirements 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" for the following bases:

- according to Item 2 of Article 72 and article 78 of the Constitution of the Republic of Kazakhstan the Constitutional Council considers appeals (idea) of courts of recognition of the law or other act infringing the rights and freedoms of man and citizen affirmed by the Constitution of the Republic of Kazakhstan, unconstitutional. Representation of the judge Boretskaya A. has no corresponding name and contains request in substantive provisions of the document "check constitutionality of provisions of the Law on legal profession regulating procedure for the preliminary appeal to the Ministry of Justice of the Republic of Kazakhstan". At the same time, in descriptive part of representation of the judge it is noted that "the court is forced to address to the Constitutional Council with idea of recognition unconstitutional Item 3 of Article 3 of the Regulations on legal profession. The subject of the address in substantive provisions of the address is called differently, than is established in the Law and in descriptive part of representation. Thus, the subject of the address of the judge Boretskaya A. does not enter competence of the Constitutional Council, stipulated in Clause 72 Constitutions of the Republic of Kazakhstan and Article 17 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan";

- in defiance of requirements of the subitem 8) Item 2 of Article 22 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" the address (representation) of the judge does not contain all necessary data provided for such addresses (the correct name of the disputed act, the location and the address of the state body which issued this act, sources of its publication);

- in defiance of requirements of Item 3 of article 22 of the Decree "About the Constitutional Council of the Republic of Kazakhstan" the address is signed by the inadequate subject - the judge of regional court, but not its chairman as it is established by the called regulation.

The stated circumstances are the basis for refusal in adoption of this appeal to the constitutional production and its returns with materials of civil case to the chairman of Akmola regional court.

Based on stated and being guided by 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 of the Republic of Kazakhstan decides:

1. Refuse adoption of the appeal (idea) of the judge of Akmola regional court Boretskaya A. of check of constitutionality of provisions of the Law on legal profession to the constitutional production because the subject does not enter competence of the Constitutional Council, the address (representation) does not correspond to the contents and form established in the Law and proceeds from the inadequate subject.

2. Representation of the judge Boretskaya of Ampere-second materials of civil case N3/8 in Zhalgasov E. B. claim. to regional justice department to return to the chairman of Akmola regional court.

The resolution is not subject to appeal.

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