RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of June 18, 2004 No. 7

About review of the resolution of the Constitutional Council of the Republic of Kazakhstan of March 6, 1997 No. 3 regarding official interpretation of Item 1 of article 79 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the Chairman Rogov I. I. and members of council of Abishev H. A., Baltabayeva K. Zh., Bychkova of Page F., Kotova A. K., Omarkhanova K. A. with participation:

head of department concerning judicial system of State legal department of Administration of the President of the Republic of Kazakhstan Pakirdinov M. A.,

deputy attorney general of the Republic Daulbayev A. K.,

vice-Minister of Justice of the Republic Baymaganbetov S. N.,

chairman of Committee on judicial administration in case of the Supreme Court of the Republic Borisov V. M.

N3 "About Official Interpretation of Item 1 of Article 4, Item 1 of Article 14, Subitem 3) Item 3 of Article 77, Item 1 of Article 79 and Item 1 of Article 83 of the Constitution of the Republic of Kazakhstan" considered on own initiative in open session question of review of the resolution of the Constitutional Council of the Republic of Kazakhstan of March 6, 1997.

Having studied the available materials, having heard the member rapporteur of the Constitutional Council Bychkova of Page F. and participants of meeting, the Constitutional Council of the Republic of Kazakhstan established:

In case of interpretation of Item 1 of article 79 of the Constitution in motivation part of the reviewed resolution of the Constitutional Council it is specified:

"According to Item 1 of article 8 of the called Decree hearing of cases in Trial Courts is performed by the judge solely, and in particular cases as a part of three regular judges" (Item paragraph two 7);

"Unlike the courts consisting of the regular judges provided by the current legislation, the courts existing earlier with participation of jurymen and the jury trials which are available now in other countries have no such signs as permanency and professionalism of judges" (the paragraph third Item 7).

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