Constitutional Court: disputes over the application of law are resolved by ordinary courts

Constitutional Court: disputes over the application of law are resolved by ordinary courts

Теlegram CС - https://t.me/consot_kz

 

The Constitutional Court considered an application related to the refusal to grant a long-service pension to a former employee of internal affairs bodies.

Previously, the applicant was denied pension payments, and the courts of three instances upheld the legality of this decision. She then applied to the Constitutional Court, arguing that the legal position set out in the Constitutional Court’s normative ruling of 27 March 2023 No. 5 had not been applied in her case.

The Constitutional Court clarified that this normative ruling concerns cases involving the termination of an already assigned pension. The applicant had never received such a pension; therefore, this ruling is not applicable to her situation.

The Constitutional Court emphasized that issues concerning which legal provisions are to be applied in a particular case and how they should be interpreted fall within the competence of courts of general jurisdiction. The Constitutional Court does not review judicial decisions on their merits.