The Constitutional Court: requirements for the formalization of judicial acts are regulated by sectoral legislation

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An application was submitted to the Constitutional Court requesting a review of the constitutionality of Article 396 and parts one and two of Article 443 of the Criminal Procedure Code of the Republic of Kazakhstan.

The application arose from a criminal case against the applicant, who was convicted of abuse of official authority. The judgment of the court of first instance was upheld on appeal.

The applicant challenged the procedure for drafting judicial acts, arguing that decisions of the appellate court must include an indication that they are issued “on behalf of the Republic of Kazakhstan” and must contain the State Emblem. In his view, the absence of such requisites is contrary to the Constitution and violates the principles of the administration of justice.

The Constitutional Court noted that the applicant’s right to judicial protection was not restricted, and that the challenged provisions were applied by the courts in the consideration of the case.

The Constitutional Court clarified that the Constitution establishes the general principles of justice, including the exercise of judicial authority on behalf of the Republic of Kazakhstan. Issues relating to the form, structure, and requisites of judicial acts are regulated by sectoral legislation, including the Criminal Procedure Code.

Accordingly, the formal requirements for judicial decisions and the presence of certain requisites do not constitute constitutionally significant guarantees of rights and freedoms and do not affect their substantive content.