RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of May 8, 1997 No. 10/2

About the address of the President of the Republic of Kazakhstan in compliance of the Constitution of the Republic of Kazakhstan the Law of the Republic of Kazakhstan provided for the signature to the President of the Republic of Kazakhstan "About languages in the Republic of Kazakhstan", adopted by Parliament of the Republic of Kazakhstan on March 12, 1997

The constitutional Council of the Republic of Kazakhstan in structure: Chairman of the board Kim Yu. A. and members of council - Akuyeva N. I., Ikhsanova U. K., Mamonova V. V., Sabikenov S. N., Temirbulatov S. G., Shopin V. D., with participation of representatives of the President of the Republic of Kazakhstan Mukhamedzhanov B. A. the head of department concerning the legislation and judicial system of Administration of the President of the Republic of Kazakhstan and Rogov I. I. - adviser to the President of the Republic of Kazakhstan, representatives of Parliament of the Republic of Kazakhstan Dzholdasbekov U. A., Kaliyeva N. - deputies of the Majilis, Abdildin Zh. The m, Shchegolikhina I. P. and Shaukhamanova S. - deputies of the Senate, the expert - the head of the department of general linguistics of the Kazakh state universtitet of world languages, the Doctor of Philology, professor Kopylenko M. M., the specialist - the head of the department of the Kazakh, Russian and east languages of the Kazakh state legal university, Candidate of Philology, associate professor Kadasheva K., considered in open session the address of the President of the Republic of Kazakhstan about compliance of the Constitution of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan provided on March 24, 1997 for the signature to the President of the Republic of Kazakhstan "About languages in the Republic of Kazakhstan", accepted by Parliament of the Republic of Kazakhstan on March 12, 1997.

Having heard messages of speakers - members of the constitutional Council Temirbulatov S. G. and Shopin V. D., speech of representatives of the President of the Republic of Kazakhstan Mukhamedzhanov B. A., Rogova I. I., representatives of the Senate and Majilis of Parliament of the Republic of Dzholdasbekov U. A., Kaliyeva N., Abdildin Zh. M., Shchegolikhina I. P. and Shaukhamanova S., the expert Kopylenko M. M. and the specialist Kadasheva K., having studied the conclusion of the specialist Esbulatova R. M. and other materials according to this address, the Constitutional Council of the Republic of Kazakhstan ESTABLISHED:

In the Constitutional Council of the Republic of Kazakhstan the address of the President of the Republic of Kazakhstan about consideration regarding compliance of the Constitution of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan provided on March 24, 1997 for the signature to the President of the Republic of Kazakhstan "About languages in the Republic of Kazakhstan", accepted by Parliament of the Republic of Kazakhstan on March 12, 1997 arrived on April 11, 1997.

Having studied contents of the provided Law, the materials which arrived at the request of the Constitutional Council, expert opinions and specialists, having listened to representatives of the President of the Republic of Kazakhstan and Parliament of the Republic of Kazakhstan, the Constitutional Council finds that the Law of the Republic of Kazakhstan "About languages in the Republic of Kazakhstan" generally corresponds to the Constitution of the Republic of Kazakhstan. The called law is adopted according to the procedure of implementation of articles 7 and 93 of the Constitution of the Republic of Kazakhstan.

At the same time the Constitutional Council considers that regulations of Article 8 and part three of article 23 of the adopted law "About Languages in the Republic of Kazakhstan" do not meet some standards of the Constitution of the Republic of Kazakhstan. So, article 8 of the Law "About Languages in the Republic of Kazakhstan" determining that "language of work of clerical work of state bodies, the organizations, local government bodies of the Republic of Kazakhstan the state language is, if necessary, on an equal basis with state officially is used Russian", does not correspond to Item 2 of article 7 of the Constitution of the Republic as the phrase "in need of" containing in the analyzed provision of the law adjusts the constitutional regulation that "on an equal basis with Kazakh Russian is officially used". This constitutional regulation is understood unambiguously that in the state organizations and local government bodies the Kazakh and Russian languages are used equally, equally, irrespective of any circumstances.

In the analysis of the provision of the law "About languages in the Republic of Kazakhstan", Article enshrined in part three 23, the Constitutional Council recognizes that establishment of the list of professions, specialties, and also positions which require knowledge of state language in certain amount and according to qualification requirements does not contradict the Constitution of the Republic of Kazakhstan.

However determination of the called list by the Government of the Republic contradicts the subitem 1 of Item 3 of Article 61, to item 4 of Article 3 and item 4 of article 33 of the Constitution of the Republic of Kazakhstan.

Considering that the requirement to know state language in certain amount and according to qualification requirements belongs to legal personality and obligations of physical persons, the Constitutional Council considers that according to the subitem 1 of Item 3 of article 61 of the Constitution of the Republic of Kazakhstan regulation of these relations is within the exclusive competence of Parliament of the Republic of Kazakhstan as regulatory authority which has the right to issue the relevant laws.

Article 93 of the Constitution of the Republic of Kazakhstan determines that the public relations in the field of the use of state language shall be governed by the law, and at the same time it is offered to Government as executive body to create all necessary organizational, material and specifications for acquisition of state language.

Investment of the Government of the Republic of Kazakhstan with the right to govern the public relations carried by Item 3 of article 61 of the Constitution of the Republic of Kazakhstan to competence of Parliament of the Republic is violation of the principle of separation of the authorities established in item 4 of article 3 of the Constitution of the Republic.

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