RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of April 19, 2002 No. 1

About approval of Regulations of the Constitutional Council of the Republic of Kazakhstan

For the purpose of the effective organization of activities of the Constitutional Council for accomplishment of the powers assigned to it, the Constitutional Council of the Republic of Kazakhstan decides:

1. Approve Regulations of the Constitutional Council of the Republic of Kazakhstan in the state and Russian languages (are applied).

2. To send regulations of the Constitutional Council of the Republic of Kazakhstan to the subjects of addresses established by the Constitution of the Republic of Kazakhstan.

3. Publish Regulations in "the Bulletin of the Constitutional Council of the Republic of Kazakhstan" and in "The legal newspaper".

4. Recognize Regulations of the Constitutional Council of the Republic of Kazakhstan of June 04, 1996 invalid.

5. This resolution becomes effective from the date of signing.

Approved by the resolution of the Constitutional Council of the Republic of Kazakhstan of April 19, 2002, No. 1

Regulations of the Constitutional Council of the Republic of Kazakhstan

Chapter 1. Procedure for initiation of the constitutional production and preparation of materials for consideration

1. The basis for initiation of the constitutional production is the address of the subjects listed in Items 1 and 2 of article 72 of the Constitution of the Republic of Kazakhstan.

The address shall be drawn up in two languages (Kazakh and Russian) and according to requirements of article 22 of the Constitutional law of the Republic of Kazakhstan of December 29, 1995 "About the Constitutional Council of the Republic of Kazakhstan" (further - the Constitutional law).

The constitutional production can be initiated also in the cases provided by articles 35 and 36 of the Constitutional law.

Form and content of the petition for interpretation of the decision of the Constitutional Council and procedure for its consideration are determined by general rules of consideration of addresses.

2. The arrived addresses are registered in the Office of the Constitutional Council of the Republic of Kazakhstan (dalee-Apparat) in accordance with the established procedure.

The addresses which arrived with violation of requirements of the Constitution, Constitutional law and Regulations of the Constitutional Council of the Republic of Kazakhstan (further - Regulations), return the Chief of staff.

Appeals of state bodies and officials on the questions subordinated to the Constitutional Council, are transferred to the Chairman of the Constitutional Council which determines their further movement.

3. The arrived address is submitted by the Chairman of the Constitutional Council for consideration of the Constitutional Council which meeting is held in three-day time from the date of receipt of the address, excepting days off and holidays. The constitutional Council, having studied the address and having heard proposals of members of the Constitutional Council, accepts it to production or refuses acceptance and returns it on the bases, the stipulated in Article 25 Constitutional laws.

4. The chairman of the Constitutional Council the order determines the member of the Constitutional Council for implementation of preparation of materials for meeting of the Constitutional Council. The order of the Chairman about appointment of the member of council is published by the speaker in day of receipt of the address by the member of council. In view of special complexity of the arrived address, or its exclusive importance, urgency preparation of materials can be charged to several members of the Constitutional Council. In case of receipt of several addresses connected among themselves the Constitutional Council can make the decision on their consolidation in one constitutional production. In case of the solution of question of acceptance to production of several addresses connected among themselves from which one are subordinated to the Constitutional Council and others - to other state bodies, consideration are subject only the addresses entering competence of the Constitutional Council.

According to the address accepted to production the member of the Constitutional Council in the terms established by the Chairman shall prepare materials for consideration at meeting of the Constitutional Council for what it:

1) determines participants of the constitutional production, explains them their rights and obligation, the stipulated in Article 21 Constitutional law;

2) will request from the necessary documents and other information relating appeals to subject by the direction in relevant organs or to officials of requests which are signed by the Chairman of the Constitutional Council or the member of the Constitutional Council;

3) if necessary interviews the corresponding officials, involves scientific, practical workers as specialists, experts and charges production of checks, researches, examinations;

4) gives instructions to division managers and workers of the Device about representation of required reference materials and the conclusions;

5) not later than two days prior to the meeting is provided by delivery of copies of materials to members of the Constitutional Council. Prepares the draft decision of the Constitutional Council. Members of council submit the notes according to the draft decision to the speaker in writing.

The constitutional Council considers the address accepted to production and passes on it the final decision within a month from the date of receipt of the address. This term upon the demand of the President of the Republic of Kazakhstan can be reduced to ten days if the question does not suffer delay. This rule is applied also in the cases provided in Items 27 and 28 of these Regulations.

4-1. In view of special importance and urgency of the arrived address the Constitutional Council can make the decision on its consideration in the accelerated procedure. In this case preparation of materials for meeting of Council is performed by the speaker according to the procedure, determined by the Chairman of the Constitutional Council.

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