Constitutional Court: the procedure for exercising the right to judicial protection is determined by law

Теlegram CС - https://t.me/consot_kz

 

The Constitutional Court considered an application filed by a citizen who disagreed with the appellate decision in his case. Convicted in 2022 to 10 years of imprisonment, he requested a reduction of his sentence and requalification of the offense to a less serious one, referring to legislative amendments adopted in 2025. The court of first instance granted his request and reduced the sentence to 7 years.

Subsequently, the regional court overturned this decision and upheld the original sentence without changes. At the same time, the convicted person was informed that the appellate ruling was not subject to cassation review. The applicant considered this a restriction of his right to appeal.

Following a preliminary review, the Constitutional Court emphasized that the Constitution guarantees the right to judicial protection but does not define the specific procedure for its implementation. This matter is regulated by law, under which cassation is an additional safeguard rather than a mandatory stage of proceedings.

The arguments presented in the application essentially amounted to disagreement with the findings of the appellate court, whereas the Constitutional Court does not review judicial decisions on the merits. Accordingly, such arguments cannot serve as a basis for constitutional proceedings.