of the Republic of Kazakhstan
«The important role in maintenance of the constitutional legality is played by the Constitutional Council.
Its activity – a reliable guarantee of conformity of the Kazakhstan legislation to spirit and the letter of the Main law.»
N. Nazarbaev
Its activity – a reliable guarantee of conformity of the Kazakhstan legislation to spirit and the letter of the Main law.»
N. Nazarbaev
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• Constitutional production • Civil Procedural Code of the Republic of Kazakhstan Civil Procedural Code of the Republic of Kazakhstan, July 13, 1999, # 411 (Extract) Article 6. Legality1. While considering cases in the civil proceedings, the court shall precisely fulfill the requirements of the Constitution of the Republic of Kazakhstan, of this Code and other laws and regulations. 2. The courts may not apply the laws and other regulations, which infringe upon the human and civil rights and freedoms guaranteed by the Constitution. Where the court considers that the applicable law or regulation infringes upon the human and civil rights and freedoms guaranteed by the Constitution, it shall be obliged to suspend the proceedings of the case and to turn to the Constitutional Council with the recommendation to recognize such act as a non-constitutional one. Upon receipt of the decision of the Constitutional Council, the proceedings on the case shall be resumed. 3. The court may not violate the law during the settlement of cases; such a violation shall entail cancellation of the illegal court acts. The judge guilty of violation of the law shall bear the responsibility established by law. 4. Having established the non-conformity of an act of the state or other body to the law or its issuance in excess of authority, the court shall apply the acts, which are of greater legal force. 5. In the absence of the norms of the law regulating a disputable legal relationship, the court shall apply similar legal norms, which regulate similar relations, and in the absence of such norms, the dispute shall be settled on the general basis and hinge on the legislation tenor. 6. If the legal acts or the agreement of parties to the dispute provide for the settlement of the appropriate issues by court, the court shall settle such issues guided by the criteria of justice and reason. |
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11 January, 2012. On January 06, 2011 Constitutional Council passed the supplementary resolution on the application of the Central electoral commission “Of interpretation of the resolution of Constitutional Council of April 2004 № 5 “Of checking the Constitutional law “Of making amendments and additions into the Constitutional law “Of lections in the Republic of Kazakhstan” to its compliance with Constitution concerning the possibility of conducting elections to representative bodies of the Republic in Zhanaozen (Mangystau oblast) that is in state of emergency.
06 January 2012. Constitutional Council announced the supplementary resolution on the application of the Central electoral commission “Of interpretation of the resolution of Constitutional Council of April 2004 № 5 “Of checking the Constitutional law “Of making amendments and additions into the Constitutional law “Of lections in the Republic of Kazakhstan” to its compliance with Constitution.
On December, 22nd The International scientifically-practical conference: «the Constitutional legality – a basis of a lawful state and a personal freedom», devoted to the 20 anniversary of Independence of Republic Kazakhstan has taken place.
On December, 22-23nd The International scientifically-practical conference will take place: «The Constitutional legality – a lawful state and freedoms of personality», devoted to the 20 Anniversary of Independence of Republic Kazakhstan.
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