of November 27, 1998 No. 14/2
About idea of the Supreme Court of the Republic of Kazakhstan of recognition of unconstitutional part three of article 261 of the Code of the Kazakh SSR of administrative offenses
The constitutional Council of the Republic of Kazakhstan as a part of the chairman Yu. Kim and members of council Zh. Busurmanov, U. Ikhsanov, V. Mamonov, S. Temirbulatov and V. Shopin according to Item 2 of article 72 of the Constitution of the Republic of Kazakhstan and the subitem 1) of item 4 of Article 17 of the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan", having considered idea of the Supreme Court of the Republic of Kazakhstan of recognition of unconstitutional part three of article 261 of the Code of the Kazakh SSR of administrative offenses in open session, established:
The Supreme Court of the Republic of Kazakhstan with idea of recognition of unconstitutional part three of article 261 of the Code of the Kazakh SSR of administrative offenses addressed to the Constitutional Council on November 25, 1998 according to article 78 of the Constitution of the Republic.
Reason for the appeal of the Supreme Court of the republic with representation was review in the called court according to claims of lawyers of case on administrative offense to Kazhegeldin A. M., the Code of Administrative Offences made responsible under Article 188-2.
Representation is motivated that in defiance of the constitutional regulations on equality of citizens before the law and court the part three of article 261 of the Code of Administrative Offences provides that persons made responsible under Articles 52, of 148, 164 and to others shall be present surely when considering the case, and in case of evasion from appearance on challenge can be subjected to the drive.
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