RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of July 31, 1997 No. 3/4

"About interpretation of the Resolution of the Constitutional Council of the Republic of Kazakhstan, "About official interpretation of Item 1 of Article 4, Item 1 of Article 14, the subitem 3) Item 3 of Article 77, Item 1 of Article 79 and Item 1 of article 83 of the Constitution of the Republic of Kazakhstan" of March 6, 1997"

The constitutional Council as a part of the Chairman Kim Yu. A. and members of council of Ikhsanov U. K., Mamonova V. V., Temirbulatov S. G., Shopin V. D., having considered in open session based on the subitem 1) of Item 1 of Article 35 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law "About the Constitutional Council of the Republic of Kazakhstan" the petition of the Supreme Court of the Republic of Kazakhstan for interpretation of the Resolution of the Constitutional Council of the Republic of Kazakhstan of March 6, 1997, ESTABLISHED:

In the Constitutional Council of the Republic of Kazakhstan the petition of the Supreme Court of the Republic of Kazakhstan for interpretation of the Resolution of the Constitutional Council of the Republic of Kazakhstan of March 6, 1997 "About official interpretation of Item 1 of Article 4, of Item 1 of Article 14, of the subitem 3) of Item 3 of Article 77, of Item 1 of Article 79 and Item 1 of article 83 of the Constitution of the Republic of Kazakhstan" on July 16, 1997 arrived.

Having heard the speaker according to this petition, the member of the Constitutional Council Mamonov V. V., and having discussed the available materials, the Constitutional Council proceeds from the following.

The Supreme Court of the Republic of Kazakhstan in the petition asks to give interpretation of the called Resolution of the Constitutional Council for eight questions. When studying these questions the Constitutional Council takes into account requirements of Item 2 of Article 35 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" that the additional decision shall not contradict the valid content, sense and purpose of the decision of the Constitutional Council. the questions raised in the petition of the Supreme Court, the items 4 except for concerning and 5 Resolutions of the Constitutional Council of March 6, 1997, are beyond the valid sense and contents of the specified Resolution, and owing to this fact cannot be considered by the Constitutional Council.

Based on stated and according to the procedure of interpretation of the Resolution of the Constitutional Council of the Republic of Kazakhstan of March 6, 1997, being guided by Articles 31, 33 and 35 Presidential decrees of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan", the Constitutional Council DECIDED:

1. Items 4 and 5 Resolutions of the Constitutional Council of March 6, 1997 "About official interpretation of Item 1 of Article 4, of Item 1 of Article 14, of the subitem 3) of Item 3 of Article 77, of Item 1 of Article 79 and Item 1 of article 83 of the Constitution of the Republic of Kazakhstan" should be understood so that the prosecutor's office on behalf of the state exercises the highest supervision of exact and uniform application of the laws, presidential decrees of the Republic of Kazakhstan and other regulatory legal acts in the territory of the Republic. When implementing the highest supervision the prosecutor has the right to protest and stop the subordinate legal acts adopted with violation of the law in force of the Republic including acts of judicial authorities according to the procedure established by the Presidential decree of the Republic of Kazakhstan which is valid the law, "About Prosecutor's office of the Republic of Kazakhstan" and the procedural legislation.

Acts of judicial authorities - sentences, decisions, resolutions and determinations on specific legal cases, are legal acts of application of rules of law and have binding legal force in all territory of the Republic if they are accepted according to the law in force of the Republic of Kazakhstan.

2. According to Item 1 of Article 38 of the Presidential decree of the Republic, the valid constitutional law "About the Constitutional Council of the Republic of Kazakhstan" the resolution becomes effective from the date of its acceptance and is not subject to appeal.

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