Article 63. Consequences of the adoption of final decisions by the Constitutional Court . The Constitutional Law On the Constitutional Court of the Republic of Kazakhstan
1. Laws and international treaties of the Republic of Kazakhstan recognized as inconsistent with the Constitution of the Republic of Kazakhstan may not be signed or ratified and put into effect accordingly. The recognition of laws in accordance with the Constitution of the Republic of Kazakhstan resumes the period of their signing. The recognition of international treaties of the Republic of Kazakhstan in accordance with the Constitution of the Republic of Kazakhstan resumes the process of their ratification.
2. Amendments and additions to the Constitution of the Republic of Kazakhstan deemed not to comply with the requirements established by paragraph 2 of Article 91 of the Constitution of the Republic of Kazakhstan may not be submitted to a national referendum or consideration by the Parliament of the Republic of Kazakhstan.
3. Laws and other legal acts, their individual provisions, recognized as unconstitutional, including infringing on the rights and freedoms of man and citizen enshrined in the Constitution of the Republic of Kazakhstan, are repealed and are not subject to application from the date of adoption by the Constitutional Court of the decision or the date set by it.
Decisions of courts and other law enforcement agencies based on such a law or other legal act are not subject to execution and must be reviewed in accordance with the established procedure, except in cases where the Constitutional Court has determined a different procedure for the operation and execution of its final decision.
Recognition of a law and other legal act or their individual provisions as inconsistent with the Constitution of the Republic of Kazakhstan is the basis for repealing, in accordance with the established procedure, the provisions of other laws or other legal acts containing the same provisions that were declared unconstitutional, or based on such provisions or reproducing these provisions.
4. If a law or other legal act or its individual provisions are recognized as conforming to the Constitution of the Republic of Kazakhstan in the interpretation given by the Constitutional Court, their other interpretation is excluded when applied, and the consequences of such a decision are determined by paragraph 3 of this Article, unless otherwise established by the Constitutional Court.
5. The elections of the President of the Republic of Kazakhstan, recognized as inconsistent with the Constitution of the Republic of Kazakhstan, shall be declared invalid by the decision of the Central Election Commission of the Republic of Kazakhstan at the relevant polling stations (administrative-territorial units). The recognition of the election of the President of the Republic of Kazakhstan as conforming to the Constitution of the Republic of Kazakhstan entails the registration of the elected President of the Republic of Kazakhstan.
6. Elections of deputies of the Senate and Mazhilis of the Parliament of the Republic of Kazakhstan, recognized as inconsistent with the Constitution of the Republic of Kazakhstan, shall be declared invalid by the decision of the Central Election Commission of the Republic of Kazakhstan in the relevant administrative-territorial units and electoral districts. The recognition of the elections of deputies of the Senate and the Mazhilis of the Parliament of the Republic of Kazakhstan in accordance with the Constitution of the Republic of Kazakhstan entails the registration of elected deputies.
7. The results of the republican referendum, recognized as inconsistent with the Constitution of the Republic of Kazakhstan, are declared invalid by the decision of the Central Commission of the Referendum at the relevant polling stations (administrative-territorial units). The recognition of the conducted referendum as conforming to the Constitution of the Republic of Kazakhstan entails the resumption of summing up the results of the referendum.
8. A conclusion on non-compliance with the established constitutional procedures before the adoption by the Parliament of the Republic of Kazakhstan, in accordance with paragraphs 1 and 2 of Article 47 of the Constitution of the Republic of Kazakhstan, respectively, of a decision on early dismissal from office, a final decision on the dismissal of the President of the Republic of Kazakhstan entails the termination of consideration of the issue of early dismissal, respectively, on the dismissal of the President of the Republic of Kazakhstan. The conclusion on compliance with the established constitutional procedures entails the continuation of consideration of the issue of early dismissal of the President of the Republic of Kazakhstan from office, respectively, and the dismissal of the President of the Republic of Kazakhstan from office.
Constitutional Law of the Republic of Kazakhstan dated November 5, 2022 No. 153-VII SAM.
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