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Concerning the Official Interpretation of Paragraph 6 of Article 61 of the Constitution of the Republic of Kazakhstan

Resolution No. 9/2 of 15th June 2000 of the Constitutional Council of the Republic of Kazakhstan

The Constitutional Council of the Republic of Kazakhstan consisting of N. I. Akuev, the Acting Chairman of the Constitutional Council, Zh. D. Busurmanov, A. Esenzhanov, A. K. Kotov, K. A. Omarkhanov, and V. D. Shopin, members of the Council, with participation of A. K. Daulbaev, the Deputy of the Mazhilis of the Parliament of the Republic of Kazakhstan, who is a representative of the subject of appeal, has considered in an open session the appeal received on 2nd June 2000 of the group of deputies of the Parliament of the Republic of Kazakhstan concerning official interpretation of paragraph 4 of Article 92 of the Constitution of the Republic of Kazakhstan.
Having heard the speech of N. I. Akuev, the speaker and the representative of the subject of appeal, and having studied the materials available, the Constitutional Council of the Republic of Kazakhstan has established the following:
In accordance with paragraph 4 of Article 92 of the Constitution of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan effective as at the moment of entering into force of the Constitution shall be applicable with regard to items which do not contradict the Constitution and brought to conformity with the Constitution within two years from the day of adoption of the Constitution. Paragraph 1 of Article 92 of the Constitution establishes that the constitutional laws must be adopted within a year from the day when the Constitution enters into force and paragraph 2 of the same Article establishes that other laws mentioned in the Constitution must be adopted in accordance with the procedure and within the terms as determined by the Parliament but prior to expiry of two years from the day when the Constitution enters into force.
The indicated rules of the Constitution define temporary frameworks assigned for bringing the current legislation to conformity with the Constitution. In this respect, the Constitution distinguishes the notions associated with the day of adoption of the Constitution (30th August 1995) and the day of its entering into force (5th September 1995). On this basis, the current legislation must be brought to conformity with the new Constitution prior to 30th August 1997. As to the constitutional laws, they must be adopted and brought to conformity with the Constitution prior to 5th September 1996 but other laws mentioned in the Constitution - prior to 5th September 1997.
The provision of the Constitution "to bring to conformity" means a need to eliminate the rules contained in regulatory legal acts adopted earlier those which contradict the Constitution, by way of the introduction of amendments and additions to such acts, abolition of such acts as a whole or their certain parts. Besides, bringing the legislation to conformity with the Constitution means also an adoption of new legal acts stipulated by the Constitution in appropriate cases.
The constitutional rules of paragraphs 1, 2, 4 of Article 92 are of imperative nature, they have higher legal force and direct effect over the entire territory of the Republic. The Constitution obligates the Parliament, the Government of the Republic, other State bodies and official persons to bring the current legislation to conformity with the Constitution within the term established by the Constitution.
The two-year term as established by the Constitution for bringing the current legislation to conformity with the Constitution shall be obligatory for all subjects those which carry out legislative activities. A failure to execute mentioned actions within the established term shall be recognised as a violation of constitutional rules.
Legislative and other regulatory legal acts which have not been brought to conformity with the Constitution of the country within the two-year period as established by the Constitution shall be applicable with regard to items which do not contradict the Constitution. A failure to bring the current legislation to conformity with the Constitution shall not mean automatic abolition of acts of the current legislation because the indications of loss of their validity upon expiry of two years are not contained either in said Article or in other rules of the Constitution.
Thus, the legislation of the Republic of Kazakhstan effective as at the moment of entering into force of the Constitution shall retain its legal force with regard to items which do not contradict the Constitution.
On the basis of above and being guided by subparagraph 4) of paragraph 1 of Article 72 of the Constitution of the Republic of Kazakhstan, subparagraph 1) of paragraph 3 of Article 17 and Article 37 of the Edict of the President of the Republic of Kazakhstan, having the force of a constitutional law "Concerning the Constitutional Council of the Republic of Kazakhstan", and in the procedure of official interpretation of paragraph 4 of Article 92 of the Constitution of the Republic of Kazakhstan, the Constitutional Council of the Republic of Kazakhstan decrees:
1. That paragraph 4 of Article 92 of the Constitution of the Republic of Kazakhstan should be understood as follows:
- the legislation of the Republic of Kazakhstan effective as at the moment of entering into force of the Constitution must be brought to conformity with the Constitution within two years from the day when the Constitution is adopted which assumes the elimination of the rules contained in regulatory legal acts adopted earlier those which contradict the Constitution, by way of the introduction of amendments and additions to said acts, abolition of such acts as a whole or their certain parts, as well as adoption of new legal acts stipulated by the Constitution, where appropriate;
- the two-year period as established by the Constitution for bringing the current legislation to conformity with the Constitution shall be recognised as obligatory for all subjects those which carry out legislative activities. A failure to execute mentioned actions within the established term shall be recognised as a violation of constitutional rules;
- the legislation of the Republic of Kazakhstan effective as at the moment of entering into force of the Constitution with regard to the items which do not contradict the Constitution shall retain its legal force until it is brought to conformity with the constitutional rules.
2. That in accordance with paragraph 3 of Article 74 of the Constitution of the Republic of Kazakhstan, this Resolution shall enter into force from the day when it is adopted and it shall be obligatory over the entire territory of the Republic and final, and it shall not be subject to appeal with due regard for the case as provided for by paragraph 4 of Article 73 of the Constitution of the Republic of Kazakhstan.
3. That this Decree shall be published in the Kazakh language and Russian language in the Republic's official printed editions.
 
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