RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of April 24, 1998 No. 2/1

About refusal in acceptance to production of the appeal of Jambyl regional court "About recognition of part 2 of article 280 of the Code of the Kazakh SSR about administrative offenses not of the relevant Constitution of the Republic of Kazakhstan"

The constitutional Council of the Republic of Kazakhstan as a part of the Chairman of the Constitutional Council Kim Yu. A. and members of council of Akuyev N. I., Ikhsanova U. K., Mamonova V. V., Temirbulatov S. G. and Shopin V. D., having considered in open session the appeal of Jambyl regional court "About recognition of part 2 of article 280 of the Code of the Kazakh SSR about administrative offenses not of the relevant Constitution of the Republic of Kazakhstan", ESTABLISHED:

In the Constitutional Council of the Republic of Kazakhstan the appeal (idea) of Jambyl regional court of recognition of part 2 of article 280 of the Code of the Kazakh SSR about administrative offenses not of the relevant Constitution of the Republic of Kazakhstan arrived on April 21, 1998.

Part 2 of article 280 of the specified code provides that the resolution of district (city) national court (the national judge) on imposing of administrative punishment is final and is not subject to appeal according to the procedure of production on cases on administrative offenses, except as specified, the provided legal acts of USSR and the Kazakh SSR. The Jambyl regional court considers that the prohibition on appeal of the judge's ruling on the case of administrative offense deprives of opportunity person brought to the administrative responsibility to perform the right to judicial protection granted to it by article 13 of the Constitution of the Republic of Kazakhstan.

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