What types of appeals from citizens are received by the Constitutional Court?

What types of appeals from citizens are received by the Constitutional Court?

The discussion on issues related on consideration of citizens' appeals received by the Constitutional Court was held under the chairmanship of the Chairman of the Constitutional Court of the Republic of Kazakhstan Elvira Azimova with the participation of judges.
The right of a citizen to apply to the Constitutional Court is enshrined in Article 72 of the Constitution of the Republic of Kazakhstan.
Currently, the Constitutional Court has received more than 500 appeals from citizens. Most of them concern the annulment, revision and review of criminal judgments that have entered into force more than two years ago. Whereas, in accordance with paragraph 2 of Article 45 of the Constitutional Law “On the Constitutional Court of the Republic of Kazakhstan” a citizen’s appeal is subject to consider if it is filed within a period not later than one year after the adoption of the judicial act.
In addition, more than 60% of citizens' appeals do not indicate specific situations in which the courts applied the contested acts that contradicts to constitutional norms or directly affects the rights and freedoms in civil or administrative cases involving a citizen.
Also, a number of received appeals from legal entities do not comply with the requirements of paragraph 4 of Article 41 of the said Constitutional Law.
According to this rule, only legal representatives, lawyers, legal consultants who are members of the chamber of legal consultants as well as authorized persons of organizations that are entitled to protect the rights and interests of members of these organizations or other persons can act as representatives of citizens. The relevant powers must be confirmed by the documents on the powers of the representative that are attached to the appeal, except in cases where the representation is carried out ex officio or by law as well as the written consent of the citizen, if the appeal is submitted on his behalf by authorized persons.

Thus, representatives of the apparatus of the Constitutional Court reported that more than 90% of citizens' appeals were filed without complying with the requirements of Articles 41, 44, 45 of the Constitutional Law.
In this regard, based on the results of the initial consideration it was noted that detailed responses are sent to the applicants represented by citizens and organizations with an explanation of the legislative requirements and an indication that in case of elimination of the identified violations there it is possible to re-apply.
Elvira Azimova stressed that the return of appeals does not exclude the analysis of problems with the application of legislation raised by citizens as part of the preparation of the annual message on the state of constitutional legality in the Republic of Kazakhstan.
Appeals to the Constitutional Court are accepted through a unified electronic document management system, the e-government web portal and e-Otinish.
Appeals on paper are accepted at the address: Astana, Mangilik Yel street, 13, at the point of receiving correspondence. Tel. 8(7172) 576398, 576340.