Information regarding the regulatory resolution of the Constitutional Court
(№ 20 dated 11 July 2023)
The Constitutional Court considered the appeal of the President of the Republic of Kazakhstan K.K. Tokayev on the verification of the Law ‘On the return of illegally acquired assets to the state’ (hereinafter - the Law) for compliance with the Constitution, Constitutional Law ‘On Amendments and Additions to the Constitutional Law of the Republic of Kazakhstan ‘On Prosecutor's Office’, as well as laws ‘On introducing amendments and additions to certain legislative acts of the Republic of Kazakhstan on the return of illegally acquired assets to the state’, ‘On Amending the Code of the Republic of Kazakhstan on Administrative Offences’ and ‘On Amending the Code of the Republic of Kazakhstan on Taxes and Other Obligatory Payments to the Budget (Tax Code)’, adopted by Parliament and submitted for the President's signature.
The Constitutional Court found the legislative acts submitted for verification to be in conformity with the Constitution, having formulated the following legal positions:
- the ownership of natural resources by the people obliges the State to take all necessary measures to protect the ownership of these objects belonging to the people of Kazakhstan and to return illegally obtained natural resources and related assets to their rightful owner for use directly in the interests of the people.;
- initially illegally acquired property, including as a result of corruption, fraud or abuse of office, should be returned to its rightful owner, including the State, on the basis of the law and in accordance with the methods and procedures defined therein;
- the right of ownership is not absolute, restrictions on property rights in cases provided for by law are lawful both in civil law relations and in the public law sphere;
- Constitutional guarantees do not apply to property benefits acquired in violation of the grounds and procedures established by law, nor to the proceeds derived from their use;
- the return of illegally acquired assets to the state is in line with constitutionally significant goals and is aimed at maintaining a balance of personal, public and state interests.