NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of April 13, 2012 No. 2

About official interpretation of regulations of the Constitution of the Republic of Kazakhstan concerning calculation of the constitutional terms

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., Stamkulov U. M. with participation:

the representative of the Government of the Republic of Kazakhstan – the vice-Minister of Justice of the Republic of Kazakhstan Kustavletov D. R.,

the representative of the Senate of Parliament of the Republic of Kazakhstan – the chairman of Committee on the constitutional legislation, judicial system and law enforcement agencies of the Senate of Parliament of the Republic of Kazakhstan S. B. Akylbaya,

the representative of the Majilis of Parliament of the Republic of Kazakhstan – the deputy of the Majilis of Parliament of the Republic of Kazakhstan Sarpekov R. K.,

the representative of the Supreme Court of the Republic of Kazakhstan – the judge of the Supreme Court of the Republic of Kazakhstan of JSC-kuovoy G. B.,

the representative of the Prosecutor General's Office of the Republic of Kazakhstan – the First Deputy Attorney-General of the Republic of Kazakhstan Merkel I. D.,

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 Mizanbayev U. E.,

the representative of the Ministry of Internal Affairs of the Republic of Kazakhstan – the deputy minister of internal affairs of the Republic of Kazakhstan Kenenbayev E. A.,

the representative of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime (financial police) – the vice-chairman of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime (financial police) Akhmetzhanov M. M.,

the representative of the Commissioner for Human Rights in the Republic of Kazakhstan – the head of the National center for human rights of Kalyuzhny V. A.,

the expert – the rector of the Kazakh humanitarian and legal university, the doctor of jurisprudence, professor Kogamov M. Ch.

considered in open session of the address of the Prime Minister of the Republic of Kazakhstan Masimov K. K. about official interpretation of regulations of the Constitution of the Republic of Kazakhstan concerning calculation of the constitutional terms.

Having heard the message of the speaker – the member of the Constitutional council of the Republic of Kazakhstan Zhailganova A. N., performance of participants of meeting, having studied expert opinions: the doctor of jurisprudence, professor Kogamov M. Ch., the doctor of jurisprudence of Zhakayevy L. S., professor of University of Gumbolt A. Blankenagel (Federal Republic of Germany), having studied the conclusions of Bureau on democratic institutes and human rights of Organization for Security and Cooperation in Europe, the German society on international cooperation, Representative offices of the international public organization "International Prison Reform" in Central Asia, Public fund "Charter for Human Rights", Public fund "Center of Research of Legal Policy", Al-Farabi Kazakh National University, Eurasian national university of L. N. Gumilev, the Karaganda state university of name E. And. Buketova, Academies of the Ministry of Internal Affairs of the Republic of Kazakhstan of B. Beysenov,

The Kazakh humanitarian and legal university, University of D. A. Kunayev, 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 Prime Minister of the Republic of Kazakhstan (further – the Prime Minister) about official interpretation of regulations of number of articles of the Constitution of the Republic of Kazakhstan concerning calculation of the constitutional terms on March 1, 2012 arrived.

In the address the Prime Minister notes that "The constitution of the Republic of Kazakhstan not in all cases establishes the beginning of calculation and the termination of the terms specified in it and does not concretize from what date or approach of event the beginning of calculation and the termination of terms is determined. Rules of calculation of the terms established in the Fundamental law are also not enshrined in the law in force of the republic. It can cause difficulties in case of application of regulations of the Constitution in activities of state bodies and officials".

In this regard the Prime Minister raises question of official interpretation of Item 2 of Article 16, of the subitem 2) of Article 44 (in part according to which the President of the republic signs the law provided by the Senate of Parliament within one month, will promulgate the law or returns the law or its individual clauses for repeated discussion and vote), Item 3 of Article 51, of the subitem 2) of Item 2 of Article 54, of Item 3 of Article 73 and other regulations of the Constitution in which making fixed terms constitutionally significant actions. When giving official interpretation of regulations of the Constitution the subject of the address asks to determine procedure for calculation of the beginning and the termination of the terms provided in the Constitution of the Republic of Kazakhstan.

On March 29, 2012 in the Constitutional Council of the Republic of Kazakhstan the second address of the Prime Minister in which he asks to explain regulations of Item 2 of Article 16, of Item 2 of Article 51, of the subitem 3) of Article 53, of the subitem 2) of Item 2 of Article 54, of Item 3 of Article 59, of Item 7 of Article 61, of Item 2 of Article 63, of Item 3 of Article 71, of Items 1, 2 and 4 Articles 91, of Item 1 of Article 94, of article 94-1 of the Constitution arrived and to answer the following questions:

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