RESOLUTION OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 1997 No. 16/2

About the address of the Chairman of the Senate of Parliament of the Republic of Kazakhstan concerning official interpretation of Item 1 of article 83 of the Constitution of the Republic of Kazakhstan

The constitutional Council of the Republic of Kazakhstan as a part of the Chairman Kim Yu. A. and members of council of Akuyev N. I., Ikhsanova U. K., Mamonova V. V., Temirbulatov S. G., Shopin V. D, having considered in open session based on article 72 of the Constitution of the Republic of Kazakhstan and the Presidential decree of the Republic of Kazakhstan, the valid constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" the address of the Chairman of the Senate of Parliament of the Republic of Kazakhstan concerning official interpretation of Item 1 of article 83 of the Constitution of the Republic of Kazakhstan, ESTABLISHED:

In the constitutional Council of the Republic of Kazakhstan the address of the Chairman of the Senate of Parliament of the Republic of Kazakhstan O. Baygeldi with request arrived on June 30, 1997 to give official interpretation of Item 1 of article 83 of the Constitution of the Republic of Kazakhstan on the following questions:

1. Whether it is necessary to consider the prosecutor's protest according to the procedure of supervision on the court decree on specific case in the same way, as well as the statement of other participants (parties) of process on this case, or such protest, unlike addresses of other participants (parties) of process, is subject to obligatory consideration in judicial session?

2. Whether the privileged position of the prosecutor contradicts the constitutional principle about equality of all before the law and court to stop the court decrees which took legal effect?

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