of February 11, 2009 No. 1
About verification of the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious liberty and religious associations" on compliance of the Constitution of the Republic of Kazakhstan"
The constitutional Council of the Republic of Kazakhstan as a part of the Chairman Rogov I. I., members of council of Bakhtybayev I. Zh., Belorukov N. V., Zhailganova A. N., Malinovsky V. A., Nurmagambetova A.M., Stamkulova U. M with participation:
the representative of the Senate of Parliament of the Republic of Kazakhstan - the deputy of the Senate of Parliament of the Republic of Kazakhstan S.B.'s Akylbay,
the representative of the Majilis of Parliament of the Republic of Kazakhstan - the deputy of the Majilis of Parliament of the Republic of Kazakhstan Temirbulatov S. G.,
the representative of the Government of the Republic of Kazakhstan - the vice-Minister of Justice of the Republic of Kazakhstan Kustavletov D. R.,
representative of the Prosecutor General's Office of the Republic Kazakhstanzamestitelya of the Attorney-General of the Republic of Kazakhstan Daulbayev A. K.,
the representative of Committee of homeland security of the Republic of Kazakhstan - the vice-chairman of Committee of homeland security of the Republic of Kazakhstan Abdikazimov K. R.,
representative of the Ministry of Foreign Affairs of the Republic Kazakhstanzamestitelya of the Minister of Foreign Affairs of the Republic of Kazakhstan Ermekbayev N. of B.
representative of the Commissioner for Human Rights in the Republic of Kazakhstan - Head of the National center for human rights of Kalyuzhny VA.,
Chairman of Committee on cases of religion of the Ministry of Justice of the Republic of Kazakhstan Doszhan A. D.
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 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious liberty and religious associations".
Having studied materials of the constitutional production, having heard the message of the speaker - the member of the Constitutional Council Belorukov N. V., performance of participants of meeting, having studied expert opinions - the doctor of jurisprudence, professor Kaudyrov T. E., the doctor of jurisprudence, professor Luparev G. P., the doctor of jurisprudence, professor Podoprigora R. A., conclusion of specialists of Eurasian national university of L. N. Gumilev of the Doctor of Philology, professor Zhakupov Zh. A. and Candidate of Law Sciences, associate professor Ormanova A. Sh., and also with other materials of production, the Constitutional Council of the Republic of Kazakhstan established:
The law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious liberty and religious associations" is accepted by Parliament of the Republic of Kazakhstan on November 26, 2008 and provided for the signature to the President of the Republic of Kazakhstan on December 2, 2008.
According to the subitem 2) of Item 1 of article 72 of the Constitution and the subitem 1) of Item 2 of article 17 of the Constitutional law of the Republic of Kazakhstan of December 29, 1995 No. 2737 "About the Constitutional Council of the Republic of Kazakhstan" the President of the Republic of Kazakhstan sent to the Constitutional Council of the Republic of Kazakhstan the appeal about consideration of this Law regarding its compliance to the Constitution of the Republic of Kazakhstan.
When checking constitutionality of the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious liberty and religious associations" the Constitutional Council proceeds from the following.
1. The law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious liberty and religious associations" (further - the Law) is directed to strengthening of legal regulation of the public relations arising in connection with realization of right to liberty of religion and activities of religious associations and groups that is quite justified from the point of view of competence of the state to legislative settlement of this sphere. At the same time, according to Item 1 of article 39 of the Constitution of the Republic of Kazakhstan, both individual, and collective rights and freedoms of man and citizen in that measure in what it is necessary for the purpose of protection of the constitutional system, public order, human rights and freedoms, health and morality of the population can be limited. Thereby the Constitution allocates the legislator with possibility of adequate legal response to the arising challenges to especially protected interests and values of the state and society (the resolution of the Constitutional Council of the Republic of Kazakhstan of August 23, 2005 No. 6). In relation to subject of the considered address it means that consolidation right to liberty for satisfaction of religious requirements and right to liberty of distribution of religious beliefs are not absolute and can be legislatively caused according to the Constitution (the resolution of the Constitutional Council of the Republic of Kazakhstan of April 4, 2002 No. 2).
Such approach will be approved with international standards in the field of human rights and rules of international law, in particular, with provisions of the International Covenant on Civil and Political Rights accepted by the resolution 2200A (XXI) of the General Assembly of the United Nations of December 16, 1966. According to Article 18 of this international legal document ratified by the Law of the Republic of Kazakhstan of November 28, 2005 No. 91-III and which is according to Item 1 of article 4 of the Constitution of the Republic component of the law in force of Kazakhstan the possibility of restriction with the law of freedom to practise religion "for protection of public safety, about, health and morals, as well as basic rights and freedoms of other persons" is allowed. Similarly, according to articles 19 and 22 of the Pact, the possibility of legislative restriction of the right to freedom of expression including freedom to distribute any information and the ideas, and also rights to liberty of association (consolidation) is provided.
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