Constitutional Court: provisions on the rights of pledgee and beneficiary do not prevent the realization of a citizen's constitutional rights

Теlegram CС - https://t.me/consot_kz 

 

A citizen appealed to the Constitutional Court to check the constitutionality of paragraph 35 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 № 8 “On judicial practice on disputes arising from insurance contracts”.

The reason for the appeal was the applicant's disagreement with the amount of insurance payment under the contract of voluntary vehicle insurance concluded with the insurance company. Following the dismissal of the claim against the insurance company by the courts of first and appeal instances, the applicant appealed against the enforcement of the provisions of paragraph 35 of the above-mentioned regulatory resolution.

The Constitutional Court noted that the provisions of paragraph 35 of the Supreme Court's regulatory resolution reflected the content of the Civil Code norms governing the procedure for insuring pledged property, as well as the rights of the pledgee and the beneficiary to receive the insurance payment. And that, these norms do not prevent the realization of the applicant's constitutional rights. He used the means of protection provided for by the legislation, including appeal to the insurance ombudsman and to the court. The applicant was also entitled to use the cassation procedure for appealing against judicial acts.

The Constitutional Court reviews only legal norms for their compliance with the Constitution and does not assess the factual circumstances of specific cases within the competence of the courts.