ISSUES OF IMPLEMENTATION OF FINAL DECISIONS THE CONSTITUTIONAL COUNCIL WERE DISCUSSED

On 29 December 2021, a meeting of the Council on Legal Policy under the President of the Republic of Kazakhstan was held. The meeting discussed the issue of measures taken by state bodies to implement normative decisions and messages of the Constitutional Council on the state of constitutional legality in the country. Member of the Constitutional Council I. Merkel informed the members of the Council for Legal Policy on the state of affairs in this field. In his speech, he noted that a positive dynamic in the implementation of the final decisions of the Constitutional Council is being observed.

Thus, in pursuance of the legal positions and proposals of the Constitutional Council, the issue of the application of preventive restrictions on the freedom of movement of persons subject to forced expulsion (now with the authorization of the court) has been resolved; legislative amendments were made on the issues of rule-making, in particular, a simplified procedure for the preparation of regulatory legal acts developed in pursuance of the decision of the Constitutional Council was established; amendments were made to the Law "On international treaties of the Republic of Kazakhstan" aimed at protecting the country's interests in international relations; additional measures were taken to ensure the rights of citizens in connection with digitalization, etc. 

At the same time, a number of key issues requiring further resolution were identified at the meeting. This applies to: further improvement of the mechanisms of constitutional control of the laws that have entered into force; the procedure for the forced eviction of citizens from rented housing; the establishment of a prohibition on  the  recovery enforcement documents application upon dwelling unit, which is the only suitable place for permanent residence for a citizen and his family members; strengthening guarantees of conducting criminal proceedings within a reasonable time, in particular, introducing the practice of paying compensation for its violation; determining the procedure for authorizing by the court such an individual preventive measure as preventive restriction of freedom of movement; improving criminal proceedings with the participation of jurors; modernizing the procedure for initiating criminal cases of private prosecution, etc.

Following the results of the meeting, specific instructions were given to the authorized state bodies.