Information regarding the regulatory resolution of the Constitutional Court
(No. 67 dated February 26, 2025)
The Constitutional Court reviewed a citizen's request to verify the compliance of the following legal provisions with the Constitution of the Republic of Kazakhstan:
- Subparagraph 5) of Article 1 and Paragraph 1 of Article 8 of the Law of the Republic of Kazakhstan dated October 11, 2011, "On Religious Activities and Religious Associations";
- Part three of Article 490 of the Code of the Republic of Kazakhstan "On Administrative Offenses" dated July 5, 2014.
The contested provision of the Law stipulates that citizens of the Republic of Kazakhstan, foreigners, and stateless persons may engage in missionary activities only after registration. Failure to comply with this requirement results in administrative liability.
The applicant argued that the registration requirement for missionary activities infringes on his constitutional rights to freedom of speech and conscience by restricting his ability to spread religious teachings in Kazakhstan for the purpose of religious conversion.
The Constitutional Court emphasized that human rights and freedoms cannot be considered in isolation from the interests and goals of society and the resulting obligations of its members. The exercise of individual rights and freedoms must not infringe upon the rights and freedoms of others, undermine the constitutional order, or violate public morality (Paragraph 5 of Article 12 of the Constitution of the Republic of Kazakhstan). Mutual respect for rights and interests ensures justice and maintains a balance between individual rights, the rights of others, and public interests. The fulfillment of human obligations should not be equated with the restriction of rights and freedoms by the state.
For the registration of missionaries representing registered religious associations in Kazakhstan, a state service is provided, ensuring a transparent list of required documents and materials.
Essentially, the Law establishes a mechanism of self-regulation and enhances the accountability of religious associations, granting them the freedom to select missionaries for the implementation of missionary activities.
In a secular state, the legislator has the right to adopt measures to protect public order, public health, and morality, as well as to safeguard human rights and freedoms. At the same time, it must maintain a balance between the right to religious self-expression and the protection of public interests, while taking necessary steps to prevent and suppress offenses.
Based on the results of the review, the Constitutional Court ruled that the contested provisions of the laws comply with the Constitution of the Republic of Kazakhstan.