As a result of the implementation of the final decisions of the Constitutional Court, the following objectives have been achieved:

As a result of the implementation of the final decisions of the Constitutional Court, the following objectives have been achieved:

Теlegram CС - https://t.me/consot_kz  

 

➤ optimized the amount of state duty charged from individuals on their petitions for review of judicial acts in cassation procedure, and introduced access to deferred payment of state duty;

➤ the levels, goals, tasks and powers in the sphere of state policy were delimited between the Government, central and local executive bodies; the norm on the formation of state policy by ministries in the relevant sectors was enshrined;

➤ the grounds for bringing judges to disciplinary responsibility have been specified, including the concept of “gross violation of legality in the consideration of court cases”;

➤ the possibility of participation of representatives in the procedures of consideration of disciplinary cases against judges has been introduced;

➤ the procedure for calculating the time limits for filing an appeal and prosecutor's petition in administrative proceedings - from the day of issuance of a court decision in final form - has been specified;

➤ it has been established that persons brought to administrative responsibility for driving a vehicle while intoxicated and not having the right to drive are not allowed to take examinations for seven years;

➤ the guarantees of the right to judicial protection in cassation instance have been strengthened: the procedure of preliminary consideration of complaints has been abolished, the obligation to demand materials of criminal case has been fixed, equal access to cassation review has been provided to all participants of the process regardless of the qualification of the act and other criteria;

➤ the requirements for candidates for state and law enforcement service have been clarified, taking into account the types and consequences of responsibility to which they were previously subjected;

➤ the guarantees of the right to judicial protection have been strengthened by expanding the possibility of review of cases on administrative offenses on newly discovered circumstances in the framework of abbreviated proceedings;

➤ eliminated discrimination against life convicts in terms of maintaining social ties with family members;

➤ the requirement for a candidate for adoption in accordance with constitutional guarantees on the protection of family, motherhood, fatherhood and childhood has been clarified;

➤ the concept of “incitement to bribery” has been specified;

➤ the conditions for the collection of alimony for the maintenance of minor children in the event of several enforcement proceedings against one debtor have been clarified;

➤ the statutory algorithm of the local executive body's response to notifications of peaceful assemblies was interpreted in order to ensure uniform law enforcement practice in accordance with the Constitution;

➤ repeals norms recognized as unconstitutional in departmental regulations concerning the monetary allowances of servicemen;

➤ the norms of the subordinate legislation, recognized as unconstitutional, regarding the practice of consideration by courts of cases on conditional release of convicted persons have been abolished;

➤ interpreted the norms of the Criminal Executive Code regarding the right of a convicted person to telephone conversations for the purpose of access to qualified legal and medical assistance while under strict conditions of serving a sentence and being held in a disciplinary isolator;

➤ approaches to the determination of territorial jurisdiction have been clarified, including in the case of continuing (ongoing) crimes;

➤ legal approaches to the differentiation of entrepreneurship and organized crime have been formulated, etc.

The full text of the Address on the state of constitutional legality in the Republic of Kazakhstan can be found at the following link https://www.gov.kz/memleket/entities/ksrk/documents/details/862352?lang=ru