Constitutional Court: initiation of land expropriation procedures does not deprive the right to judicial protection

Теlegram CС - https://t.me/consot_kz

 

An application was submitted to the Constitutional Court to review the compliance with Paragraph 2 of Article 13 of the Constitution of the Republic of Kazakhstan of the provisions of the Land Code, the Law “On State Property,” and the Regulatory Resolution of the Supreme Court governing the procedure for compulsory expropriation of land plots for state needs.

The application arose from a resolution of the akimat initiating the procedure for the expropriation of a land plot. The applicant attempted to challenge it in court; however, her claims were not examined on the merits, as the courts pointed to non-compliance with the rules on jurisdiction and venue. In this regard, she argued that the existing legal provisions deprived her of the right to judicial protection.

The Constitutional Court clarified that the contested provisions, in themselves, do not block access to justice. The law explicitly provides for judicial review of decisions on land expropriation if the owner disagrees with them. In other words, the right to apply to a court is preserved and ensured by the existing procedures.

At the same time, the applicant’s arguments were based on the fact that, in her specific case, the dispute was not examined on the merits due to the improper application of procedural rules on jurisdiction and venue, rather than the content of the provisions themselves.