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NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of May 18, 2015 No. 3

About official interpretation of Item 1 of article 27 of the Constitution of the Republic of Kazakhstan and about check on compliance of the Constitution of the Republic of Kazakhstan of the Law of the Republic of Kazakhstan "About protection of children from information doing harm to their health and development" and the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning protection of children from information doing harm to their health and development"

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 deputy of the Senate of Parliament of the Republic of Kazakhstan Redkokashin V. N.,

the representative of the chairman 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 Government of the Republic of Kazakhstan - the deputy minister of justice of the Republic of Kazakhstan Baymoldina Z. H.,

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 Kolkobayev M. O.,

the representative of the Ministry of Foreign Affairs of the Republic of Kazakhstan - the deputy minister of foreign affairs of the Republic of Kazakhstan Ashikbayev E. N.,

the representative of the Ministry of health and social development of the Republic of Kazakhstan - the first vice-Minister of health and social development of the Republic of Kazakhstan Kairbekova S. Z.,

the representative of the Ministry of Education and Science of the Republic of Kazakhstan - the chairman of Committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan Orazaliyeva Z. Zh.,

the representative of the Ministry for Investments and Development of the Republic of Kazakhstan - the vice-chairman of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan Goloburd D. V.,

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 the address of the chairman of the Senate of Parliament of the Republic of Kazakhstan Tokayev K. K. in open session. about check on compliance of the Constitution of the Republic of Kazakhstan of the laws of the Republic of Kazakhstan "About protection of children from information doing harm to their health and development" and "About modification and the amendments in some legal acts of the Republic of Kazakhstan concerning protection of children from information doing harm to their health and development" accepted by Parliament of the Republic of Kazakhstan on February 19, 2015 and provided for the signature to the President of the Republic of Kazakhstan on February 28, 2015 and also the address of the chairman of the Majilis of Parliament of the Republic of Kazakhstan Dzhakupov K. K. about giving official interpretation of some regulations 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 Nurmagambetov A. M., performances of participants of meeting, having studied expert opinions: Altynbekova S.A. - doctors of medical sciences, professor, the director of the Republican state company on the right of economic maintaining "The republican scientific and practical center of psychiatry, psychotherapy and narcology" the Ministries of health and social development of the Republic of Kazakhstan; Aminova T. M. - the candidate of historical sciences, the associated professor, the head of the department of history of Kazakhstan and philosophy of Medical University Astana Joint-stock company; Beybitova M. S. is doctors of jurisprudence, professor, the director of Institute of justice of Academy of public administration in case of the President of the Republic of Kazakhstan; Beysenova Zh. S. - Doctors of Philology, professor managing department of the Kazakh and Russian languages of University of KazGYuU Joint-stock company; "The sports medicine" of the Kazakh national medical university of S. D. Asfendiyarov is Kasymova G. P. of the doctor of medical sciences, professor, the module lead; Rakhmetova S. M. is the doctor of jurisprudence, professor, the chief researcher of public institution "Institute of the legislation of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan, having obtained the opinions of Eurasian national university of name L.N. Gumileva, Al-Farabi Kazakh National University, University of KazGYuU Joint-stock company, public institution "Center of judicial examination of the Ministry of Justice of the Republic of Kazakhstan", and also with other materials of the constitutional production, having analyzed international legal acts, the legislation and practice of certain foreign countries, 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 about consideration regarding compliance of the Constitution of the Republic of Kazakhstan of the laws of the Republic of Kazakhstan "About protection of children from information doing harm to their health and development" and "About modification and the amendments in some legal acts of the Republic of Kazakhstan concerning protection of children from information doing harm to their health and development" accepted by Parliament of the Republic of Kazakhstan on February 19, 2015 and provided for the signature to the President of the Republic of Kazakhstan on February 28, 2015 arrived on March 17, 2015.

On April 16, 2015 the chairman of the Majilis of Parliament of the Republic of Kazakhstan appealed to the Constitutional council to give official interpretation of Item 1 of article 27 of the Constitution of the Republic of Kazakhstan in relation to the following question: "Item 1 of article 27 of the Constitution of the Republic determines that motherhood, paternity and the childhood are under protection of the state. In this regard, whether the state for the purpose of ensuring realization of this constitutional regulation has the right to adopt the laws limiting the rights, stipulated in Item 2 articles 20 of the Constitution of the Republic of Kazakhstan?"

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