of December 15, 2020 No. 4
About official interpretation of Item 2 of article 15 of the Constitution of the Republic of Kazakhstan
The constitutional Council of the Republic of Kazakhstan as a part of the Chairman K. A. Mami, members of council A. K. Daulbayev, V. A. Malinovsky, I. D. Merkel, R. Zh. Mukashev, A. A. Temerbekov and U. Shapak,
considered in open session the address of the President of the Republic of Kazakhstan K. K. Tokayev about giving official interpretation of Item 2 of article 15 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 A. K. Daulbayev, having studied materials of the constitutional production, the conclusion of state bodies, the expert opinion – the doctor of jurisprudence, professor K. Zh. Baltabayev, having analyzed the international experience, the legislation and practice of certain foreign countries, the Constitutional Council of the Republic of Kazakhstan
established:
The president of the Republic of Kazakhstan sent the appeal to the Constitutional Council of the Republic of Kazakhstan about giving official interpretation of Item 2 of article 15 of the Constitution of the Republic of Kazakhstan. In the address the following questions are raised:
"Whether oblige the constitutional provisions of Item 2 of article 15 of the Constitution of the Republic to establish in the penal statute capital punishment for all criminal actions provided in them?
Whether it is possible from line item of the constitutional requirements to circle of crimes for which the exceptional measure of punishment, ratification of the Second Optional protocol to the International Covenant on Civil and Political Rights directed to abolition of the death penalty with the clause allowed by it can be applied?".
In case of interpretation of the considered regulation of the Fundamental Law in relation to subject of the address the Constitutional Council proceeds from the following.
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