
The Constitutional Court held court session on hearing participants of the constitutional proceedings on the appeal of citizen S.O. Zhunusova on compliance of part 2 of article 811, part 1 of article 852, subparagraph 2 of part 3 of article 855 of the Administrative Infraction Code of the Republic of Kazakhstan with article 13 and paragraph 1 of article 14 of the Constitution of the Republic of Kazakhstan.
The subject of the dispute concerns the limited nature of the grounds of reviewing cases of administrative offenses that were considered by curtailed procedure.
Thus, in accordance with the challenged norms cases of administrative offenses considered by curtailed procedure are not subject to review, except reviewing due to newly discovered circumstances. However, within newly discovered circumstances only decisions on cases of administrative offenses and instructions on the need to pay a fine based on the results of fixing with control and measuring devices are subject to revision.
The Constitutional Court heard the positions of a lawyer representing the interests of the subject of the appeal, a member of the Senate of the Parliament, the Prosecutor General's Office, the Anti-Corruption Agency and the Ministry of Justice.
Based on the results of appeal consideration, the normative resolution of the Constitutional Court will be published in periodicals that have received the right to officially publish legislative acts, the unified system of legal information, on the Internet resource of the Constitutional Court as well as in other sources.