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NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of August 20, 2009 No. 5

About official interpretation of Item 2 of article 18 of the Constitution of the Republic of Kazakhstan and check on compliance of the Constitution of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the illegal way both to terrorism financing" and the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the illegal way and to terrorism financing"

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 Chairman of the Senate of Parliament of the Republic of Kazakhstan - the vice-chairman of the Senate of Parliament of the Republic of Kazakhstan Sudyin A. S.,

representatives of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan - deputies of the Majilis of Parliament of the Republic of Kazakhstan of the Turkish N.N., Aysina M. A. and chief of staff of the Majilis of Parliament of the Republic of Kazakhstan Doshayev E. N.,

representatives of the Government of the Republic of Kazakhstan - the vice-Minister of Justice of the Republic of Kazakhstan Kustavletov D. R. and the chairman of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan Utebayev M. S.,

the representative of the Supreme Court of the Republic of Kazakhstan - the judge of the Supreme Court of the Republic of Kazakhstan Baishev Zh. N.,

representative of the Prosecutor General's Office of the Republic of the Kazakhstanpervy deputy attorney general of the Republic of Kazakhstan Merkel I. D.

considered the address of the Chairman of the Senate of Parliament of the Republic of Kazakhstan Tokayev K. K. in open session. and Chairman of the Majilis of Parliament of the Republic of Kazakhstan Mukhamedzhanov U. B. about check on compliance of the Constitution of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the illegal way, both to terrorism financing" and the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the illegal way, and to terrorism financing", accepted by Parliament of the Republic of Kazakhstan on June 17, 2009, and also the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan Mukhamedzhanov U. B. about official interpretation of Item 2 of article 18 of the Constitution of the Republic of Kazakhstan, regarding regulations: "everyone has the right to the mystery of personal deposits and savings. . Restrictions of this right are allowed only in cases and according to the procedure, directly established by the law".

Having studied materials of the constitutional production, having heard the message of the speaker - the member of the Constitutional Council Bakhtybayev I. Zh., performances of participants of meeting, having studied expert opinions - the director of Institute of civil researches, the head of the department of the civil law of the Kazakh humanitarian and legal university, the doctor of jurisprudence Kaudyrov T. E., specialists of Eurasian national university of L. N. Gumilev of the doctor of jurisprudence, professor Abaydeldinov E. M., the doctor of jurisprudence, professor Busurmanov Zh. D., the doctor of jurisprudence, professor Tlepina Sh. V. and Institute of the state and the right under Al-Farabi Kazakh National University of the academician of National academy of Sciences of the Republic of Kazakhstan, the doctor of jurisprudence, professor Sapargaliyev G. S., Candidate of Law Sciences, associate professor Karayev A. A. Candidate of Law Sciences, associate professor Mamonov V. V., and also with other materials of the constitutional production, the Constitutional Council 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 and the Chairman of the Majilis of Parliament of the Republic of Kazakhstan about check on compliance of the Constitution of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the illegal way, both to terrorism financing" and the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the illegal way, and to terrorism financing", accepted by Parliament of the Republic of Kazakhstan on June 17, 2009, and on July 17, 2009 - the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan about official interpretation of Item 2 of article 18 of the Constitution of the Republic of Kazakhstan, regarding regulations arrived on June 18, 2009: "everyone has the right to the mystery of personal deposits and savings. . Restrictions of this right are allowed only in cases and according to the procedure, directly established by the law", connected with the questions which arose in case of adoption by Parliament of the Republic of Kazakhstan of these laws.

According to Item 2 of article 26 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 resolution of the Constitutional Council of July 17, 2009 No. 6/1 the specified addresses are united in one constitutional production.

By consideration of the called addresses the Constitutional Council considers that giving official interpretation of Item 2 of article 18 of the Constitution shall precede check of constitutionality of the arrived laws.

Analyzing regulations of the Constitution of the Republic of Kazakhstan and materials of the constitutional production, the Constitutional Council proceeds from the following.

1. According to Item 1 of article 1 of the Constitution the supreme values of the Republic of Kazakhstan are the person, his life, the rights and freedoms that witnesses about priority of universal values (the resolution of the Constitutional Council of December 21, 2001 No. 18/2 and of July 13, 2006 No. 4).

In a number of resolutions of the Constitutional Council it was noted that human rights and freedoms are guaranteed by the state in the limits set by the Constitution and regulatory legal acts corresponding to it and are fundamental in case of development and adoption of the laws and other regulatory legal acts determining conditions and procedure of these rights and freedoms. The specified rule is conceptual basis of the law in force of Kazakhstan (resolutions of the Constitutional Council of October 28, 1996 No. 6, of June 10, 2003 No. 8 and of April 18, 2007 No. 4).

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