of January 10, 2023 No. 2
About official interpretation of item 4 of article 62 of the Constitution of the Republic of Kazakhstan
Constitutional court of the Republic of Kazakhstan as a part of the Chairman E. A. Azimova, judges A. K. Eskendirov, K. T. Zhakipbayev, A. E. Zhatkanbayeva, A. K. Kydyrbayeva, K. S. Mussina, B. M. Nurmukhanova, R. A. Podoprigora, E. Zh. Sarsembayev and S.F. Udartsev,
considered in open session the address of group of deputies of Parliament of the Republic of Kazakhstan about giving official interpretation of item 4 of article 62 of the Constitution of the Republic of Kazakhstan.
Having heard the message of speakers – judges of the Constitutional Court of the Republic of Kazakhstan S.F. Udartsev and B. M. Nurmukhanov, having studied materials of the constitutional production, having analyzed the international experience and the legislation of certain foreign countries, the Constitutional Court of the Republic of Kazakhstan
established:
In the Constitutional Court of the Republic of Kazakhstan the address of group of deputies of Parliament of the Republic of Kazakhstan about giving official interpretation of item 4 of article 62 of the Constitution of the Republic of Kazakhstan arrived on January 5, 2023.
The subject of the address in case of interpretation of the specified constitutional regulation asks to answer the following questions:
"1. Whether mean regulations of item 4 of article 62 of the Constitution that the constitutional laws are adopted on the questions provided by the Constitution what the Parliament has the right to adopt only the constitutional laws called those in the text of the Constitution?
2. Whether is subject to recognition voided the Constitutional law "About the First President of the Republic of Kazakhstan — Elbasa" in connection with exception of the regulations regulating the status and powers of the First President of Kazakhstan?".
In case of interpretation of the considered regulation of the Fundamental Law in relation to subject of the address, the Constitutional Court proceeds from the following.
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