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N. Nazarbaev
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• Civil Procedural Code of the Republic of Kazakhstan

Civil Procedural Code of the Republic of Kazakhstan, July 13, 1999, # 411 (Extract)

Article 6. Legality
1. 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.

On October, 1, 2010. Saint Petersburg (Russia). The Chairman of the Constitutional Council of the Republic of Kazakhstan Rogov I.I. has taken part in the International legal readings named of M.M.Speransky on a theme: «Codification of the Russian legislation», devoted to the 180-anniversary of publication of Full assembly of laws of Russian Empire (1830) and the 175-anniversary from the date of introduction in action of the Code of laws of Russian Empire (on January, 1, 1835). (the full text of speech of Rogov I.I. look at the section of «Speeches»)

On September, 10, 2010 the member of the Constitutional Council of the Republic of Kazakhstan Nurmagambetov A.M. under the invitation of Embassy of the Republic of Kazakhstan in Byelorussia has taken part in the city of Minsk in the international scientific - practical conference: «15-years of the Constitution of the Republic of Kazakhstan».

On September, 3, 2010. Astana. Members of the Constitutional Council of the Republic of Kazakhstan A.Nurmagambetov and U.Stamkulov have taken part at the scientific - practical conference devoted to celebrating of the 15-anniversary of acceptance of the Constitution of the Republic of Kazakhstan on a theme: «the Constitution - a basis of democratic development of the state, organized by institute of parliamentarism NDP «Nur Otan».

On August, 27-28, 2010. In capital of the Republic of Kazakhstan in the city of Astana in the Palace of the world and the consent, the international scientific - practical conference has passed: «the Constitution - a basis of democratic development of the state », devoted to the 15-anniversary of the Constitution of the Republic of Kazakhstan.

On August, 20, 2010. Astana. The Ceremony of solemn clearing of an art stamp has taken place in the Constitutional Council of «15 years of the Constitution of the Republic of Kazakhstan», the Constitution of the Republic of Kazakhstan devoted to the 15-anniversary.



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