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RESOLUTION OF THE RESPULIKA CONSTITUTIONAL COUNCIL KAZAKHSTAN

of December 6, 2000 No. 20/2

About idea of court of the city of Balkhash of the Karaganda region of recognition unconstitutional article 52 of the Code of the Kazakh SSR about administrative offenses and Item 5 of notes to article 175 of the Criminal Code of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the Acting Chairman Akuyev N. I., members of council Busurmanov Zh. D., Esenzhanov A., Kotov A. K., Omarkhanova K. A. and Shopina V. D., with participation of the vice-Minister of Justice of the Republic of Kazakhstan Kotlov A. N. and the consultant of State and legal department of Administration of the President of the Republic of Kazakhstan Nugmanov T. E., considered in open session idea of court of the city of Balkhash of the Karaganda region of recognition unconstitutional article 52 of the Code of the Kazakh SSR about administrative offenses and Item 5 of notes to article 175 of the Criminal Code of Kazakhstan. Having studied the available materials, the expert opinion - the doctor of jurisprudence, the head of the department of the criminal law and process of Institute of the right of Eurasian state university of L. N. Gumileva Baltabayeva K. Zh., having heard the speaker - the member of council Esenzhanov A., Kotlov A. N. performances. and Nugmanova T. E., the Constitutional Council of the Republic of Kazakhstan established:

In the Constitutional Council of the Republic of Kazakhstan idea of court of the city of Balkhash of the Karaganda region of recognition unconstitutional the Law of the Republic of Kazakhstan "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning fight against crime" of May 5, 2000 regarding the text arrived: in Item 1 of the Law from the words "State Article 52 in the Following Edition..." to words "... Item 3 of the Law established by the legislation of the Republic of Kazakhstan" and in the subitem 25) from the words "Petty Theft of Alien Property..." to words "... according to the law".

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