of May 12, 2003 No. 5
About official interpretation of Items 3 and 5 of article 52 of the Constitution of the Republic of Kazakhstan
The constitutional Council of the Republic of Kazakhstan as a part of the chairman Hitrin Yu. A., members of council of Abishev H. A., Baltabayeva K. Zh., Bychkova S. F., Esenzhanova A., Kotov A. K. and Omarkhanova K. Ampere-second participation:
the representative of the subject of the address - the deputy of the Senate of Parliament of the republic Zhumabayev E. Zh.,
judge of the Supreme Court of the republic Baishev Zh. P.,
deputy attorney general of the republic Daulbayev A. K.,
member of Central Election Commission of the republic Foos V. K.,
vice-Minister of Justice of the republic Rayev M. K.
- considered at open session the address of the chairman of the Senate of Parliament of the Republic of Kazakhstan about official interpretation of Items 3 and 5 of article 52 of the Constitution of the Republic of Kazakhstan.
Having studied the available materials, having heard the speaker - the member of the Constitutional Council Kotov A. K., speeches of the representative of the subject of the address, participants of meeting and conclusion of ekspertakandidat of jurisprudence, associate professor of the Kazakh humanitarian and legal university Kapsalyamov K. Zh., the Constitutional Council of the Republic of Kazakhstan established:
The constitutional Council of the Republic of Kazakhstan the address of the chairman of the Senate of Parliament of the Republic of Kazakhstan about official interpretation of Items 3 and 5 of article 52 of the Constitution of the Republic of Kazakhstan in which the subject of the address asks to explain the following questions is accepted to the constitutional production:
1) what ratio of concepts "powers of the deputy of Parliament stop" and "the deputy of Parliament loses the mandate" on their content and legal effects?
Whether 2) has the right to make chamber of Parliament in the presence of the conviction against the deputy of Parliament which took legal effect the decision on deprivation or not deprivation it the mandate?
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