Тelegram CC - https://t.me/consot_kz
Information regarding the regulatory resolution of the Constitutional Court
(№ 5 of 27 March 2023)
The Constitutional Court considered a citizen's appeal to verify the constitutionality of the provisions of subparagraph (3) of paragraph 1 of Article 10, paragraph 1 of Article 64 and paragraph 2 of Article 65 of the Law ‘On Pension Provision in the Republic of Kazakhstan’ (hereinafter - the Law, lost by the Social Code), which provide for the right to pension payments for length of service, and it is also stated that the amount of the monetary allowance taken into account for pension provision shall include the official salary, salary (supplement) for military (special) rank, class rank, established qualification class.
It follows from the appeal that the subject of the appeal had his long-service pension terminated, as the court of cassation instance concluded that the deprivation of a special rank by a court conviction for a crime committed during service entailed the termination of long-service pension payments, since the legal status of the citizen had changed.
The subject of the appeal believes that the deprivation of a special rank by a court sentence should not entail the termination of the right to a pension for length of service.
The Court considers that the current legislative acts (the Law and the Law on Law Enforcement Service) do not contain norms regulating the legal grounds and procedure for the termination of pension payments granted to former law enforcement officers. The Law, which is the basic law in this area, provides for only two grounds for termination of pension payments for length of service - death of the pensioner or his/her departure for permanent residence outside the Republic of Kazakhstan. The provisions of the Pension Act, which are the subject of the appeal, are included in the Social Code adopted by Parliament.
The Constitutional Court recognised subparagraph (3) of paragraph 1 of Article 10, paragraph 1 of Article 64 and paragraph 2 of Article 65 of the Law as being in conformity with the Constitution in the interpretation according to which the termination of pension payments for length of service awarded in accordance with the Law is permissible only in cases expressly provided for by the relevant law regulating the implementation of the constitutional right of citizens to pension security.