More than 3,000 citizens appealed for constitutional protection of their rights - Constitutional Court delivers annual address

In accordance with Article 53 of the Constitution, at a joint session of the Parliament Chambers the Chairperson of the Constitutional Court Elvira Azimova delivered a message on the state of constitutional legality in the Republic of Kazakhstan for five months.

In her speech, Azimova noted that citizens in their appeals reasonably raise issues of the constitutionality of certain provisions of laws.

According to the Constitutional Court's information presented in the address, over three thousand citizens appealed for constitutional protection of their rights in five-month period. These figures are not just evidence of citizens' interest in the new institution, but also confirm the desire of each individual who has applied to protect their rights. Truly, by applying to the Constitutional Court citizens contribute to bringing normative legal acts in line with the Basic Law. In fact, citizens contribute to the restoration of justice.

The Chairperson emphasized that slightly less than half of the received appeals (approximately 41%) concern disagreement with court decisions. It should be noted that the Constitutional Court is not entitled to assess court decisions. Only in a quarter of the appeals (26%) citizens request to examine the constitutionality of laws and other normative legal acts.

As Elvira Azimova reported, "as a result of constitutional proceedings over five months, serious omissions were revealed in certain normative legal acts. In 5 out of 18 adopted normative resolutions provisions were recognized as unconstitutional, and in 5 other cases the Constitutional Court provided interpretation of relevant norms for the purpose of uniform interpretation. Currently, the Government and relevant authorities need to take necessary measures to eliminate the identified legal inconsistencies."

The address highlights problematic areas of legislation: the analysis and results of constitutional proceedings indicate serious omissions in criminal law, housing and labor relations, civil service, social protection, non-enforcement of court orders, execution of punishments, personal bankruptcy, access to information and others.

Modern challenges and the practice of law enforcement demonstrate the need for a deeper critical approach to monitoring legislation in terms of its relevance and demand.

" It is important to use the potential of local laws to prevent violations or other negative consequences. The law should serve as a tool for prevention rather than merely an instrument of punishment in law enforcement. Preventive legislation will help foster responsible behavior and citizens' trust in authorities," Elvira Azimova drew the attention of the deputies.

Overall, constitutional control is oriented towards the practical implementation of the Constitution in the face of modern challenges. Preserving the priority of departmental approaches in the application of cross-sectoral legislation is unacceptable, as it leads to a violation of equality before the law and the courts for all.

"The institution of citizen constitutional appeal requires an increase in the level of constitutional awareness and legal culture of society, the state apparatus and the citizens themselves. The supremacy of the Constitution should be aimed at legislative and practical provision of dignity, freedom, and justice for all. As our ancestors said, “a just law is the pillar of the sky,” concluded the Chairperson of the Constitutional Court.