Requirement to hold a hearing
Kazakhstan
The Constitutional Law of the Republic of Kazakhstan on theConstitutional Council of the Republic of Kazakhstan № 2737 (1995-12-29).
Article27. The Procedure for Holding the Sessions of the Constitutional Council WithRegard to Consideration of Petitions Accepted for Processing
1. Consideration of petitions by the Constitutional Council shall becarried out at a meeting under the chairmanship of the Chairman of theConstitutional Council.
2. At the appointed time the Chairman shall:
1) ascertain the availability of members ofthe Constitutional Council which is required for holding a session and ensuringminutes keeping;
2) announce the Constitutional Council sessionopen;
3) read the items which are subject toconsideration;
4) give the floor to the ConstitutionalCouncil member who reports on availability of session participants who wereinvited as well as specialists, experts and on the reasons of those absence;
5) explain to the participants ofconstitutional proceedings their rights and obligations;
6) inquire participants of the session ontheir having petitions and set this issue for solution by the ConstitutionalCouncil;
7) announce on the beginning of considerationof issues which are subject to consideration.
3. Consideration on each issue shall beginwith the speech of the Constitutional Council member who is the reporters outliningthe essence of an issue the causes and reasons for its consideration thecontents of available materials. Members of the Constitutional Council shallhave the right to set specifying questions.
4. Subjects of petition as well asrepresentatives of the state bodies and official persons (theirrepresentatives) the compliance with Constitution of whose acts and actions aswell as compliance with constitutional procedures by whom is being reviewed andwhere appropriate pursuant to his own decision or pursuant to the requirementof the Constitutional Council, may participate in the session of theConstitutional Council at which the petition accepted for proceedings isconsidered. Where appropriate explanations may be heard as well as speeches ofparticipants of the constitutional proceedings, experts, specialists and otherinvited persons.
5. If an issue is clarified sufficiently, theChairman shall announce on the opening of the meeting of the ConstitutionalCouncil members to elaborate final decision. During the meeting the presence ofoutsiders shall not be allowed. Divulging of judgments which took place duringmeeting the course in results of voting shall be prohibited. In the course of ameeting members of the Constitutional Council may freely outline their ownpositions on issues and consideration and to require other the ConstitutionalCouncil members and to specify their positions.
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