The Constitutional Court clarified the procedure for judicial protection of land owners

Теlegram CС - https://t.me/consot_kz

 

The Constitutional Court received a petition from a citizen requesting a review of the constitutionality of Article 88(1) of the Land Code of the Republic of Kazakhstan.

The applicant claims that the contested provision deprives the owner of the opportunity to challenge the akimat's decision on the compulsory expropriation of land for state needs in court, which, in his opinion, violates the right to judicial protection.

In its ruling, the Constitutional Court recalled that it had previously stated in its normative resolutions No. 13-NP of May 16, 2023 https://www.gov.kz/memleket/entities/ksrk/documents/details/469536?lang=en and No. 56-NP dated December 24, 2024 https://www.gov.kz/memleket/entities/ksrk/documents/details/769436?lang=en, it had previously stated: “The constitutional principle that ‘everyone has the right to judicial protection of their rights and freedoms’ means that any person has the right to apply to the court for the restoration of violated rights and freedoms. This right is exercised on the basis and in the manner provided for by law.”

Thus, the akimat's decision is an administrative act, which means that it can be appealed through administrative or judicial proceedings. In turn, the assessment of the grounds for land expropriation falls within the jurisdiction of the courts of general jurisdiction. Overall, the Constitutional Court found no grounds for initiating constitutional proceedings.