RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of September 5, 2003 No. 10

About idea of October district court of the Karaganda region of recognition unconstitutional applications of the order of Healthcare Committee of the Ministry of Education, culture and health care of the Republic of Kazakhstan of May 4, 1998 No. 240 "About introduction in practice of "Rules of medicolegal assessment of weight of harm to health"

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 of Page F., Esenzhanova A., Kotov A. K. and Omarkhanova K. A., having considered in open session idea of October district court of the Karaganda region of recognition unconstitutional the order of Healthcare Committee of the Ministry of Education, culture and health care of the Republic of Kazakhstan of May 4, 1998 of N240 "About introduction in practice of "Rules of medicolegal assessment of weight of harm to health", Established:

1. In representation of October district court of the Karaganda region it is specified that in its production there is criminal case concerning minors Beysembayev N. and Polishchuk Yu. Follows from the appeal of court that are qualified by bodies of preliminary inquiry of action of defendants on the Item "and" of part two of article 179 of the Criminal code of the Republic (the robbery committed by group of persons on preliminary alignment) based on the conclusion of forensic medical examination which is taken out according to the order of Healthcare Committee of the Ministry of Education, culture and health care of the Republic of May 4, 1998 by N240 (further - the Order).

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