NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of March 6, 2013 No. 1

About official interpretation of regulations of Item 8 of Article 62 and Item 1 of article 83 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. with participation:

the representative of the subject of the address - the deputy minister of justice of the Republic of Kazakhstan Baymoldina Z. H.,

the representative of the Senate of Parliament of the Republic of Kazakhstan - the deputy of the Senate of Parliament of the Republic of Kazakhstan, the secretary of Committee on the constitutional legislation, judicial system and law enforcement agencies of the Senate of Parliament of the Republic of Kazakhstan Poltorabatko L. G.,

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 deputy attorney general of the Republic of Kazakhstan Asanov Zh. 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 Amrin G. K.,

the representative of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime (financial police) - the chief of staff of the Agency of the Republic of Kazakhstan on fight against economic and corruption crime (financial police) Temirbulatov S. G.,

the representative of the Commissioner for Human Rights in the Republic of Kazakhstan - the head of the National center for human rights of Kalyuzhny VA.

considered in open session the address of the Prime Minister of the Republic of Kazakhstan Akhmetov S. N. about official interpretation of regulations of Item 8 of Article 62 and Item 1 of article 83 of the Constitution of the Republic of Kazakhstan.

Having heard the message of the speaker - the member of the Constitutional Council of the Republic of Kazakhstan Malinovsky V. A., performances of participants of meeting, having studied expert opinions - the doctor of jurisprudence, professor of department of international law of faculty of the international relations of Al-Farabi Kazakh National University Ayupova Z. K., doctor of jurisprudence, professor of the Caspian public university Podoprigora R. A., specialists of Al-Farabi Kazakh National University (director of Institute of the state and right, Candidate of Law Sciences, associate professor Salimgerey A. A. and research associate of Institute of the state and right, doctor of PhD Bitabarova Zh. O.), Eurasian national university of name L.N. Gumileva (doctor of jurisprudence, professor, head of the department of the theory and history of state and law, constitutional right Busurmanov Zh. D.), Kazakh humanitarian and legal university (manager of department of constitutional right and public administration, Candidate of Law Sciences, associate professor Zhumadilova A. B., head of the department of the theory and history of state and law, Candidate of Law Sciences, associate professor Shakenov M. A., director of Research institution of legal policy and constitutional legislation, doctor of jurisprudence, professor Udartsev of Page F.), Humanities university of transport and right of name D. And. Kunayeva (doctor of jurisprudence, professor Kopabayev of O.K. and doctor of jurisprudence Aytkhozhin K. K.), 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 Prime Minister of the Republic of Kazakhstan Akhmetov S. N. about official interpretation of Item 8 of Article 62 and Item 1 of article 83 of the Constitution of the Republic of Kazakhstan arrived on February 6, 2013. In the address the following questions are raised:

"1) what constitutional content of the concepts "other regulatory legal acts", "other legal acts" provided in Item 8 of Article 62 and Item 1 of article 83 of the Constitution of the Republic of Kazakhstan whether the concept "legal acts" Includes regulatory legal acts,

Whether 2) is meant by regulation of Item 8 of article 62 of the Constitution of the Republic of Kazakhstan that the questions stated in this regulation to the Constitution only concerning regulatory legal acts can be subject of the special law, or framework of subject of the special law can be expanded by inclusion in it of the regulations regulating procedure for development and adoption of the legal acts which are not normative

Whether 3) the procedure for development, representation, discussion, enforcement and publication of legal acts and other regulatory legal acts of the Republic specified in Item 8 of article 62 of the Constitution, exhaustive subject of legal regulation of the special law is".

In case of interpretation of the considered regulations of the Fundamental law the Constitutional Council, in relation to the questions raised in the address, proceeds from the following.

1. In the Constitution of the Republic of Kazakhstan content of the concepts "other regulatory legal acts" and "other legal acts" does not reveal. The sense and content of Item 8 of Article 62 and Item 1 of article 83 of the Constitution in which these concepts are used cannot be explained in separation from some other the constitutional provisions which are connected with subject of the considered address.

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