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Home / Constitutional law / Article 49. The procedure for preparing materials for consideration of an appeal accepted for constitutional proceedings at a session of the Constitutional Court. The Constitutional Law On the Constitutional Court of the Republic of Kazakhstan

Article 49. The procedure for preparing materials for consideration of an appeal accepted for constitutional proceedings at a session of the Constitutional Court. The Constitutional Law On the Constitutional Court of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 49. The procedure for preparing materials for consideration of an appeal accepted for constitutional proceedings at a session of the Constitutional Court. The Constitutional Law On the Constitutional Court of the Republic of Kazakhstan

     1. By his order, the Chairman of the Constitutional Court determines the judge of the Constitutional Court who prepares the materials for the session of the Constitutional Court. Due to the special importance or urgency of the received appeal, the preparation of materials may be entrusted to several judges of the Constitutional Court.

     2. If several related appeals are received, the Constitutional Court has the right to decide on their unification into one constitutional proceeding.

     3. According to the appeal accepted for constitutional proceedings, the judge of the Constitutional Court, within the time limits set by the Chairman, prepares materials for consideration at a session of the Constitutional Court, for which he:

     1) determines the participants in the constitutional proceedings, other persons and bodies involved in the consideration of the appeal, explains to them their rights and obligations provided for by this Constitutional Law.;

     2) requires the necessary documents and other information related to the subject of the request;

     3) if necessary, interviews relevant officials, attracts scientists, experts (specialists), translators and assigns the production of inspections, examinations, research, which makes a determination;

     4) provide the materials of the appeal of the judges of the Constitutional Court no later than ten days before the beginning of the session.;

     5) prepares a draft decision of the Constitutional Court;

     6) carries out other actions to ensure proper consideration of the application.

     4. Due to the special importance and urgency of the received appeal, the Constitutional Court may decide to consider it in an expedited manner. In this case, the materials for the session of the Constitutional Court are prepared by the judge of the Constitutional Court, the rapporteur, in accordance with the procedure determined by the Rules of Procedure of the Constitutional Court.

     5. Upon completion of the preparatory work, the Chairman of the Constitutional Court, by his order, determines the date of the session of the Constitutional Court, at which the issues raised in the appeal will be considered on the merits.

     6. The Constitutional Court has the right to consider an appeal without inviting participants in the constitutional proceedings and other persons and holding hearings.

 

Constitutional Law of the Republic of Kazakhstan dated November 5, 2022 No. 153-VII SAM.

President    

Republic of Kazakhstan     

 

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