Constitutional Court: Supreme Court Clarification on Jurisdiction in Disputes Involving Private Bailiffs Does Not Restrict the Constitutional Right to Judicial Protection

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The Constitutional Court received an application challenging the constitutionality of the fifth paragraph of paragraph 2 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 1 of 31 March 2017 “On the Application by Courts of Certain Provisions of the Legislation on Enforcement Proceedings.”

The applicant argued that the contested provision, which requires complaints against the actions of a private bailiff to be filed at the place of the bailiff’s registration, limits the application of the principle of extraterritorial jurisdiction provided for by the Administrative Procedure and Process Code. According to the applicant, this violates the constitutional right to judicial protection and the principle of equality before the law and the courts.

After examining the application, the Constitutional Court concluded that the contested provision of the Supreme Court’s Regulatory Resolution concerning jurisdiction in disputes involving private bailiffs does not violate the constitutional right to judicial protection.

The Constitutional Court noted that the challenged provision has lost its legal relevance following amendments to the Administrative Procedure and Process Code. The Court further stated that resolving the resulting inconsistency falls within the competence of the Supreme Court. At the same time, this does not affect the applicability of the Administrative Procedure and Process Code itself, which continues to provide for extraterritorial jurisdiction in disputes involving enforcement officers.