The Constitutional Court will review the constitutionality of restrictions on entry to Shymbulak

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

 

The Constitutional Court held a hearing on a citizen's appeal regarding the constitutionality of paragraph 1 of Almaty City Administration Resolution No. 1/167 dated March 6, 2023 “On amendments and additions to the resolution of the Almaty City Administration dated April 8, 2016, No. 2/122 ”On restricting the entry of vehicles into certain areas of the city of Almaty."

The specified clause of the resolution establishes restrictions on the entry of vehicles into the specially protected natural area of the Shymbulak tract, except for vehicles with electric motors (electric cars), as well as special equipment and vehicles of municipal, operational, and emergency services.

Opinion of the applicant:

The contested provision restricts his right to freely travel to his place of residence in a vehicle with an internal combustion engine and also establishes privileges for owners of electric vehicles compared to owners of vehicles with internal combustion engines.

History of circulation:

The applicant is the owner of a residential house and land plot located in the Malo-Almatinsky Gorge. Access to these properties is only possible via the main road to the Shymbulak tract, and then via an unpaved road, where travel is only possible by motor vehicle with an internal combustion engine.

The applicant filed a lawsuit demanding that the decision be declared illegal, but the courts of all instances refused to satisfy it.

Meeting participants:

The subject of the appeal and his lawyer, representatives of the Chambers of Parliament, the Prosecutor General's Office, the Ministries of Justice, Ecology and Natural Resources, the National Center for Human Rights, the Akimat of Almaty, the Association of Environmental Organizations of Kazakhstan, the Institute of Parliamentarism, and an expert.

Presiding Judge: Zhatkanbaeva A.E.

The final decision of the Constitutional Court will be published in accordance with Article 65 of the Constitutional Law on the official website of the Constitutional Court at https://www.gov.kz/memleket/entities/ksrk/activities/directions?lang=ru, in the newspapers “Egemenn Kazakhstan” and “Kazakhstan Pravda.”