of June 20, 2000 No. 12/2
About official interpretation of Item 5 of article 42 of the Constitution of the Republic of Kazakhstan
The constitutional Council of the Republic of Kazakhstan as a part of the Acting Chairman of the board 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 representative of the subject of the address - the Chairman of Committee on the legislation and judicial and legal reform of the Majilis of Parliament of the Republic of Kazakhstan Zhalybin S. M., considered in open session the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan about official interpretation of Item 5 of article 42 of the Constitution of the Republic of Kazakhstan.
Having studied the provided materials, having heard speakers - members of the Constitutional Council Shopin V. D. and Kotov A.K., speech of the representative of the subject of the address, the Constitutional Council of the Republic of Kazakhstan established:
In the Constitutional Council of the Republic of Kazakhstan the address of the Chairman of the Majilis of Parliament of the Republic of Kazakhstan Zh. Tuyakbaya about official interpretation of Item 5 of article 42 of the Constitution of the Republic of Kazakhstan arrived on June 9, 2000.
In case of interpretation of this constitutional regulation the subject of the address asks to establish whether the prohibition on election as the President of the Republic provided by it more than two time in a row extends to person performing powers of the President of Kazakhstan before its election to this position on the elections which took place on January 10, 1999.
By consideration of this address the Constitutional Council proceeds from the following.
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