Information regarding the regulatory resolution of the Constitutional Court
(№ 33 of 6 October 2023)
The Constitutional Court considered the appeal of a citizen on verification of the conformity to the Constitution of the Republic of Kazakhstan of the first paragraph of the fourth part of Article 168 of the Administrative Procedural Code (hereinafter - APPC).
The court's judgement dismissed the administrative claim of the subject of the appeal, and the judgement in final form was issued ten working days after the end of the oral proceedings. The applicant missed the deadline for lodging an appeal within ten working days from the date of the court's judgment, due to the absence of a finalised judgment.
The subject of the appeal believes that the norm of the fourth part of Article 168 of the APPC, which establishes the time limit for filing an appeal within ten working days from the date of the court judgement, violates the right of a participant in the proceedings to judicial protection of his rights and freedoms, enshrined in paragraph 2 of Article 13 of the Constitution.
The Constitutional Court considers that the Constitution defines the right of everyone to judicial defence of their rights and freedoms. This right is absolute and inalienable and cannot be restricted in any case. The purpose of administrative proceedings is the effective protection and restoration of violated or contested rights, freedoms and legitimate interests of individuals, legal entities in public-law relations.
The inconsistency of the articles of the APPC on determining the time limits for the finalisation of a court decision and the time limits for filing an appeal and prosecutor's appeal petition in certain categories of cases does not contribute to the achievement of the objectives of administrative proceedings, as the announcement of the operative part of the decision in the courtroom and the presiding judge's explanation of the legal grounds and consequences of its adoption are insufficient from the point of view of the use by participants in administrative proceedings of the tools provided by law for appealing against the adopted court decision.
The Constitutional Court recognised the first paragraph of the fourth part of Article 168 of the APPC as being in conformity with the Constitution and interpreted that in the categories of administrative cases referred to in this provision, the day of judgment should be understood as the date on which the judgement is rendered (finalised), as is the case in all other administrative cases.