Information regarding the regulatory resolution of the Constitutional Court
(№ 39 of December 26, 2023)
The Constitutional Court received an appeal to review paragraph 2 and subparagraph 3) of paragraph 16 of Article 11
of the Law of the Republic of Kazakhstan dated November 16, 2015 «On Access to Information» (hereinafter referred to as the Law) for compliance with the Constitution.
It follows from the appeal and the documents attached to it that the subject of the appeal was dismissed from the state body based on the decision of the disciplinary commission and the conclusion of the official investigation. Later, during the inspection of the state body by the interdepartmental working group, the fact of signing the conclusion of the official investigation by an unauthorized person was revealed. The certificate based on the results of the inspection was classified as information with limited access and marked «For official use».
The application for familiarization with the conclusions and findings of the interdepartmental working group, sent by the subject of the appeal to the state body, was denied due to the fact that the requested materials contain information with limited access.
The courts of first, appellate and cassation instances in administrative proceedings issued a decision to refuse to satisfy the applicant's claims.
The subject of the appeal believes that the contested provisions of the Law do not comply with the Constitution, which provides for the obligation of state bodies, public associations, officials and the media to ensure that every citizen has the opportunity to become familiar with documents, decisions and sources of information that affect his rights and interests.
The Constitutional Court believes that the restrictions contained in the contested provisions of the Law comply with the conditions for the admissibility of restrictions provided for in the Constitution.
At the same time, while recognizing the possibility of establishing restrictions on access to information, the Constitutional Court believes that they should not jeopardize the existence and purpose of the right to receive information itself, especially in cases of adverse consequences for a citizen as a result of decisions and actions of state bodies.
In this regard, the Constitutional Court recognized the provisions of the Law contested by the subject of the appeal as consistent with the Constitution of the Republic of Kazakhstan.