RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 23, 1994

on case "About check of constitutionality of part five of Article 211 of the Labor code of the Kazakh SSR"

Constitutional court of the Republic of Kazakhstan as a part of the Chairman M. T. Baymakhanov, the vice-chairman I. I. Rogov, A. M. Nurmagambetov's secretary, judges L. I. Basharimova, U. K. Ikhsanov, S. A. Kasimov, G. V. Kim, V. A. Malinovsky with participation:

Yerokhin Anatoly Spiridonovich and Potanina Lyudmila Ivanovna of the party in which claim the constitutional legal proceedings are initiated;

Ilyasova Avaya of Izgevich - the chairman of subcommittee on judicial reform of Committee on legal reform, legality and law and order of the Supreme Council of the Republic of Kazakhstan, the representative of the Supreme Council of the Republic of Kazakhstan - the party which adopted the law about which constitutionality legal proceedings are initiated

being guided by the Constitution of the Republic of Kazakhstan, the Laws "About the Constitutional Court of the Republic of Kazakhstan" and "About the Constitutional Legal Proceedings in the Republic of Kazakhstan",

considered in proceeding in open court case "About check of constitutionality of part five of Article 211 of the Labor code of the Kazakh SSR".

The petition from citizens of Yerokhin A. S. was of consideration of the case the cause. and Potanina L. I. of September 28, 1994 about recognition not corresponding to the Constitution of the specified precept of law which determines that the complaints made after one year from the moment of the introduction in legal force of the judgment or the decision of body, higher according to the procedure of subordination, on refusal in recovery at work, are not subject to consideration.

Having heard explanations of claimants, the representative of the Supreme Council of the Republic of Kazakhstan, the expert opinion, opinion of specialists, the representative of the Supreme Court of the republic, having researched other case papers, the Constitutional Court

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