Message of the Constitutional Court of the Republic of Kazakhstan «On the state of constitutional legality in the Republic of Kazakhstan»

(announced at a joint meeting of the Chambers of the Parliament of the Republic of Kazakhstan on June 20, 2023)

 

In order to ensure the implementation of subparagraph 6) of Article 53 of the Constitution of the Republic of Kazakhstan on the hearing by the Parliament of the Republic of Kazakhstan of the annual message on the state of constitutional legality in the Republic of Kazakhstan, and also taking into account the start of the activities of the Constitutional Court from January 2023, this Message has been prepared.

I

The updated Constitution of the Republic of Kazakhstan laid the legal foundations for further modernization of society and the state. The constitutional reform of 2022, through a national referendum, consolidated new approaches to the functioning of public authorities, public administration, protection of human rights and freedoms, and strengthening of democratization processes.

The key goal of the constitutional reform is the systemic transformation of the political model. The constitutional amendments are aimed at the development of democratization, decentralization and demonopolization. These are: the creation of additional conditions for the establishment of a real multi-party system; revision of the requirements and approaches to the election of the President of the Republic of Kazakhstan; democratization of elections to the Mazhilis of the Parliament; introduction of alternative candidates for the appointment of akims of regions, cities of republican significance and the capital; enhancing the role and status of the Parliament by empowering the Mazhilis to adopt laws, and the Senate to approve them.

Among the constitutional amendments aimed at strengthening the social role of the state and human rights potential, it should be noted the consolidation of the decision to abolish the death penalty, legal status and the tasks of the Commissioner for Human Rights.

The government has the right to adopt temporary regulatory legal acts under its responsibility in critical situations, before the adoption of the necessary laws by Parliament.

The reforming covered the party and electoral systems, the formation, structure, functions of the legislative, executive and judicial bodies, local representative and executive state bodies.

The key formula for reforming the constitutional structure of the state: "A strong President - an influential Parliament - an accountable Government" is aimed at increasing the efficiency of the state and civil society.

Constitutional novels were further developed through the adoption by the Parliament of constitutional laws "On the Constitutional Court of the Republic of Kazakhstan," "On the Prosecutor's Office," "On the Commissioner for Human Rights in the Republic of Kazakhstan" and amendments to some legislative acts that were accompanied by the ceremony of their public signing by the Head of State on November 5, 2022.

The creation of the Constitutional Court with the empowerment of citizens to apply for verification of the constitutionality of the norms of the law (according to the experience of most countries of the world) confirms the serious attitude of the state towards improving the mechanisms for protecting citizens and comprehensively ensuring, observing and implementing the Basic Law.

It is symbolic that the Constitutional Court, as the most important mechanism for protecting the rights and freedoms of man and citizen in the Republic of Kazakhstan, began its work in the year of the 75th anniversary of the adoption by the General Assembly of the United Nations of the Universal Declaration of Human Rights - one of the fundamental international legal acts that has incorporated a global definition human rights. This act has been tested by time, which confirms its universal nature and value for the development of society, the state and the individual. In this regard, it is important that following the constitutional reform, the citizens themselves and the Commissioner for Human Rights became direct participants in the process of ensuring and observing the rights and freedoms enshrined in the Universal Declaration and the Constitution of the Republic of Kazakhstan.

As shown by the work of the Constitutional Court in five months, citizens in their appeals rightly raise problems in the implementation of laws and other legal acts, demanding that they be checked for compliance with the Constitution.

The Constitutional Court, which has been operating since the beginning of this year, is building up the national practice of constitutional proceedings, taking into account the best experience of its colleagues in the framework of the World Conference on Constitutional Review. Basic approaches: ensuring the supremacy of the Constitution and the right of everyone to express their opinion; comprehensive and high-quality consideration of the problems that are raised in the appeals. The preservation of this approach is necessary for a more complete and accurate clarification of the content, goals, systemic ties and conflicts of a particular rule with other rules of law, in order to identify its potential and application practice, relationship with constitutional provisions. The participation of political power in the proceedings makes it possible for the Constitutional Court to better assess legal difficulties, to overcome doubts about the compliance of laws with the provisions of the Constitution.

The Constitution stipulates that the state power exercised in accordance with the principle of dividing it into legislative, executive and judicial branches, interacting with each other using a system of checks and balances, is united. Constitutional proceedings, in turn, contribute to the identification of contradictions, gaps and unconstitutional elements of the legal regulation of the public administration system, which must be eliminated by the efforts of all state bodies in accordance with the Constitution and laws.

The Constitutional Court in its regulatory decisions formulates legal positions important for the development of legislation, and removes from the current law norms that do not comply with the Basic Law. This process in a democratic state is characterized by the study of the opinions of state bodies, the results of scientific research and the conclusions of experts and specialists.

Speaking at the opening of the first session of the Parliament of the VIII convocation, the President of the Republic of Kazakhstan noted that "the observance of the rule of law in all spheres of life should become the foundation of the progressive progress of our country. It is important that every citizen is confident in the protection of their rights, does not doubt the fairness of the courts."

In general, the constitutional reform of 2022 and the laws adopted for its implementation, the parliamentary elections held under the new rules and the related transformations in the executive authorities, rebooted the system of state bodies, eliminated the existing political monopolies that hinder competition, reform legislation, strengthened the foundations for the rule of law and guarantees for the protection of human and civil rights and freedoms.

II

When considering citizens' appeals within the framework of constitutional proceedings, the Constitution is checked for compliance with regulatory legal acts directly affecting their rights and freedoms enshrined in the Constitution of the Republic.

The guarantee of everyone's access to constitutional control is the direct and clear consolidation by the legislator of the requirements for appeals, the procedure for their consideration, the limits and criteria of constitutional verification.

In practical terms, the Constitutional Court attaches great importance and makes efforts to increase the legal awareness of citizens about the procedure for applying to the constitutional control body. Since the first days of its activity, a lot of legal explanatory work has been carried out jointly with the professional legal community and higher educational institutions.

A scientific advisory council has been formed at the Constitutional Court from among scientists from various branches of law, who make proposals and make recommendations on ensuring the supremacy of the Constitution, improving the effectiveness of mechanisms for the protection of constitutional rights and freedoms.

More than 3,000 citizens applied for constitutional protection of their rights within five months of this year. These figures are not just evidence of the interest of citizens in the new body, but confirm the desire of each of those who applied to protect their rights, thereby contributing to bringing regulatory legal acts in line with the Basic Law and helping to restore justice.

As the analysis of appeals shows, a significant part of them (41%) concerns disagreement with court decisions, which does not apply to the subject of consideration by the Constitutional Court. The appeals also raise issues of bankruptcy of individuals, failure to comply with judicial acts, housing and labor relations, social protection, execution of sentences, access to information and others. Only in 26% of appeals, citizens are asked to check the constitutionality of laws and other regulatory legal acts. In the context of 20 regions, the largest number of appeals came from residents of Astana city, Almaty city and Kostanay region.

 

III

According to the results of constitutional proceedings for five months, serious omissions in certain regulatory legal acts were revealed. This confirms the need to strengthen legal monitoring of their implementation with the involvement of not only interested bodies, but also scientific, civil and professional communities.

At the request of the President of the Republic of Kazakhstan, the Social Code and related legislative acts adopted by the Parliament on March 16, 2023 and submitted for signature to the Head of State on March 24, 2023 were reviewed for compliance with the Constitution

– Constitutional Law "On Amendments to Certain Constitutional Laws of the Republic of Kazakhstan," laws "On amendments and additions to the Code of the Republic of Kazakhstan on administrative offenses" and "On amendments and additions to some legislative acts of the Republic of Kazakhstan on social security issues"  (regulatory decree of April 8, 2023 No. 8).

Recognizing them as generally consistent with the Basic Law, the Constitutional Court drew the Government's attention to certain shortcomings that need to be eliminated before the enactment of these acts. They relate to legislation on social protection, the consolidation of the powers of the Government and the authorized body, the prevention of discrimination of rights and freedoms in the field of social protection, the timing of applying for the appointment of certain benefits and payments, approaches to determining their size, grounds for suspending or refusing payment.

In the order of preliminary constitutional control, the Constitutional Law "On Amendments and Additions to Some Constitutional Laws of the Republic of Kazakhstan on administrative Reform in the Republic of Kazakhstan" and the Law "On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Administrative Reform in the Republic of Kazakhstan" were checked for compliance with the Constitution. The adopted regulatory resolution of the Constitutional Court of April 8, 2023 No. 7 indicates an insufficient elaboration of approaches to delimiting powers between levels of public administration (Government - central executive bodies - local executive bodies).

The Constitutional Court pointed out that in the distribution of powers between the executive state bodies involved in the formation of state policy, taking into account the personal responsibility of Government members established in Article 68 of the Constitution, it is necessary to clearly distinguish the levels, goals, tasks and powers in this area between the Government, central and local executive bodies.

The Government of the Republic of Kazakhstan was recommended to submit bills to the Mazhilis of the Parliament before the end of the current session of the Parliament, taking into account the legal positions of the Constitutional Court. executive bodies.

In the normative resolution No. 2 of January 10, 2023, adopted at the request of at least one fifth of the total number of deputies of the Parliament, the Constitutional Court gave an official interpretation on the adoption of constitutional laws. The Constitution directly establishes the grounds for the adoption of constitutional laws, contains their initial provisions due to the special significance of the social relations regulated by them.

Among the constitutional proceedings, there are those initiated on the implementation of the right of everyone to judicial protection in various forms of legal proceedings and related guarantees.

At the request of a citizen, the Constitutional Court examined for compliance with the Constitution subparagraph 1) of paragraph 1 and paragraph 2 of Article 610 of the Code of December 25, 2017 "On Taxes and other mandatory payments to the budget" (Tax Code).

In the regulatory decree of February 22, 2023 No. 3, the Constitutional Court noted that the size of the state duty should be reasonable, reasonable and proportionate. They should not prevent a citizen from going to court, a legal mechanism should be provided for overcoming the barrier in the implementation of the constitutional right to access justice. Exemption in whole or in part from the payment of the state duty, deferral or installment plan for its payment and other measures should contribute to the realization of the right to access justice of citizens in difficult life situations. The legislation in general and the Tax Code in particular do not contain such tools, so the legislator should fill the identified gap.

The Constitutional Court has expressed legal positions on certain restrictions applied when choosing a preventive measure in the form of house arrest (regulatory Resolution No. 9 of April 11, 2023). The provisions of paragraphs 1), 2) and 3) of Part II of Article 146 of the Code of Criminal Procedure of July 4, 2014 (hereinafter referred to as the Code of Criminal Procedure) are recognized as complying with the Basic Law in this Constitutional Court interpretation. In particular, restrictions on house arrest, applied by the courts individually or in combination, must ensure compliance with the guaranteed rights of the arrested person and his defender, including the rights to life and health protection, recognition of legal personality, protection of their rights and freedoms in all ways that do not contradict the law, obtaining qualified legal assistance.

Based on the results of the proceedings to verify the constitutionality of paragraph 6) of part one of Article 489, paragraph 2) of part one and part two of Article 490, part five of Article 491 of the Code of Criminal Procedure, related to the preliminary consideration by judges of the Supreme Court of a petition for the revision of judicial acts that have entered into legal force, the Constitutional Court (regulatory resolution of May 16, 2023 No. 13-RR) recognized the procedural norms as corresponding to the Basic Law, with the exception of paragraph 2) of the first part of Article 490 of the Code of Criminal Procedure. This rule is interpreted as follows: preliminary consideration of the application for the revision of judicial acts that have entered into legal force on the provided grounds is carried out with the obligatory request of the materials of the criminal case. This ensures the completeness of the study at the stage of preliminary consideration of the petition for review of judicial acts in cassation.

During the constitutional proceedings on the appeal of a citizen, the Constitutional Court drew attention to the norms related to the rights of a person in the status of a witness who has the right to protection (regulatory resolution of May 22, 2023 No. 15-RR). The Code of Criminal Procedure does not define clear criteria, boundaries and conditions for permissible discretion, which allows the law enforcer to arbitrarily interpret them. In addition, it is not established at what time and under what circumstances a witness who has the right to defense should be transferred to the status of a suspect or, conversely, removed from the circle of participants in the criminal process defending their rights and interests or those represented by them. The solution of this issue is important, since the untimely transfer of a witness entitled to protection to the status of a suspect may limit his procedural possibilities, including the right to be present during the interrogation of the victim (witness) by the investigating judge.

The provisions of the Code of Criminal Procedure governing the issues of deposition of testimony do not sufficiently correspond with the right of a witness entitled to defense to a confrontation with those who testify against him (paragraph 15) of the second part of Article 65-1), and the right of the defense counsel to participate in the hearing court when depositing evidence (paragraph 7) of the second part of Article 70).

Leaving the legislator at the discretion of the investigating judge a decision on the presence in the procedural action of a witness who has the right to defense may subsequently lead to a restriction of the procedural rights of this person in the status of a suspect (accused).

In their appeals, citizens state the position that the absence in the Code of Criminal Procedure of the obligation of criminal prosecution bodies to provide a defender with the status of a witness with the right to protection, the establishment of which would increase the guarantees of compliance with constitutional human rights enshrined in paragraphs 1 and 3 of Article 13, paragraphs 1 and 3 of Article 16 of the Constitution. This indicates insufficient legal regulation of the protection of the rights of a person in the status of a witness who has the right to protection.

Within the framework of the constitutional proceedings related to the issue of reviewing cases of administrative offenses in the procedure of reduced proceedings on newly discovered circumstances, the Constitutional Court explained that the absence of an indication of a special procedural document in the law does not mean that a decision on prosecution is not made (regulatory decree of April 28, 2023 No. 12-RR). Within the meaning of Article 811 of the Code of Administrative Offenses of July 5, 2014 (hereinafter referred to as the Administrative Code), such a decision is made in conclusive form, that is, by committing certain actions by an official of the authorized body: declaring an offense and recovery, entering data into information systems, explaining the grounds and procedure for reduced production, issuing a receipt for the payment of an administrative fine (if necessary). Such actions replace the decision on the case of an administrative offense, issued in the proceedings carried out in a general manner. Accordingly, a person brought to justice in this proceeding should not be deprived of the right to review the case due to newly discovered circumstances.

The inconsistency of the various norms of the Code of Administrative Offenses should not lead to a violation of the constitutional and other rights of citizens. State authorities cannot refuse to apply the rule of law on the basis that the procedural plan does not resolve the issue or is not sufficiently settled.

In the regulatory decree of May 22, 2023 No. 16-RR, the Constitutional Court in relation to disputes, judicial courts in administrative proceedings, noted that the concept of "public-legal relations" in certain branches of law may allow different interpretations depending on the types of regulated public relations and, accordingly, have a different expression in laws, which does not allow to formulate its general definition.

On June 1, 2023, the Constitutional Court adopted a regulatory decision on the appeal of a citizen to verify the constitutionality of paragraph five of paragraph 3 of the regulatory decision of the Supreme Court of March 31, 2016 No. 2 "On the practice of applying legislation on adoption of children by courts." In the regulatory decision of the Supreme Court, an imperative requirement was introduced on the mandatory application of the conclusion of the molecular genetic examination to the application to the court for the adoption of a child in respect of which the applicant's spouse established paternity, and the return of this application in case of non-compliance with this rule.

The legal position of the Supreme Court, which recognizes the conclusion of a molecular genetic examination as one of the necessary proofs of paternity (maternity), helps to strengthen the evidence base of court decisions and serves to protect the rights of the child. This approach corresponds to the legislator's requirement that the court take into account evidence that reliably confirms the origin of a child from a particular person when establishing paternity in court, in the case of the birth of a child with parents who are not married (matrimony) to each other (article 48 of the Code of December 26, 2011 "On Marriage (Matrimony) and family").

At the same time, the establishment of an imperative requirement in the regulatory decree does not comply with paragraph 2 of Article 13 of the Constitution on the right of everyone to judicial protection of their rights and freedoms and belongs to the competence of the Parliament of the Republic of Kazakhstan. At the same time, the Constitutional Court noted the importance of the role of the Supreme Court as a subject of the law-making process with mandatory compliance with the established constitutional limits.

Part of the considered appeals of citizens concerns issues of criminal responsibility and execution of punishments. In particular, the constitutionality of Article 197 of the Criminal Code of July 3, 2014 (hereinafter referred to as the Criminal Code), which establishes responsibility for the transportation, purchase, sale, storage of oil and oil products, as well as oil processing without documents confirming the legality of their origin, was checked. (Regulatory Resolution No. 14-RR dated May 18, 2023). Noting the lack of a clear legislative definition of these documents, the object of encroachment and the threshold for the punishable act, competition with other norms of related laws, the Constitutional Court gave an interpretation of the challenged provisions of the criminal law:  in the disposition of this article of the Criminal Code, we are talking about documents regulated in the legislation that indicate the legality of the person committing these actions. The norms of the criminal law should most fully meet the requirements of clarity, certainty and unambiguity, and with a blank form of presentation, their elements should be clearly disclosed in the relevant regulatory legal acts.

Certain norms of Article 141 of the Criminal Executive Code of July 5, 2014 (hereinafter referred to as the CEC), subparagraph 3) of part six of which were found to be inconsistent with the Constitution (regulatory resolution of March 27, 2023 No. 6), were subjected to constitutional review. Persons serving life imprisonment in identical conditions of serving a sentence in comparison with persons sentenced to certain terms of imprisonment were affected in the rights to long visits. The considered norm has no objective justification and it considers a violation of the constitutional rights of those sentenced to life imprisonment. Prior to the entry into force of amendments to the CEC, the Constitutional Court extended to them the provisions of subparagraph 3) of part two of Article 140 of the CEC regarding the number of short-term and long-term visits provided for during the year.

In the order of subsequent constitutional control, in terms of compatibility with the requirements of the Basic Law, separate grounds and procedure for the termination of the powers of judges and civil servants are considered.

The Constitutional Court gave a legal assessment of the procedure for terminating the powers of judges for negative reasons (Regulation No. 10 of April 21, 2023). The Supreme Court and the Supreme Judicial Council are recommended in the procedures for considering materials by the Justice Quality Commission or the Judicial Jury to provide for the use of tools by judges to protect their interests and to legislatively regulate the main criteria for assessing their professional activities.

Recognized as inconsistent with paragraph 1 of Article 24, paragraphs 2 and 4 of Article 33 and paragraph 1 of Article 39 of the Constitution, subparagraph 6) of paragraph 3 of Article 16 of the Law of November 23, 2015 "On the Civil Service of the Republic of Kazakhstan" in terms of establishing an indefinite ban on entering the civil service citizens dismissed for committing disciplinary offenses that discredit the public service (Regulatory Resolution No. 4 of March 6, 2023). The basis for such a decision was the lack of proportionality of legal restrictions arising from disciplinary, administrative and criminal measures for offenses against the interests of the public service and public administration.

When considering citizens' appeals regarding other issues of public service, the Constitutional Court recommended a thorough revision of legislation that establishes similar restrictions on citizens exercising their rights to freedom of labor and access to public service.

The subject of constitutional proceedings was the constitutionality of subparagraph 3) of paragraph 1 of Article 10, paragraph 1 of Article 64 and paragraph 2 of Article 65 of the Law of June 21, 2013 "On Pension Provision in the Republic of Kazakhstan". The Constitutional Court recognized these legal norms as consistent with the Constitution in its interpretation. Fulfilling its constitutional obligations to citizens, taking into account the specifics of the law enforcement service, the state has provided for a special legal mechanism for ensuring and exercising the constitutional right to pensions for law enforcement officers, which involves receiving pension payments for long service.  This right is derived from their work activity and the payments arising from it are one of the forms of social protection of employees for the proper performance of law enforcement service. The termination of pension payments for long service, appointed in accordance with the Law "On Pension Provision in the Republic of Kazakhstan," is permissible only in cases directly provided for by the law regulating the implementation of the constitutional right of citizens to pension provision.

Based on the results of checking the provisions of subparagraph 3) of paragraph 1-1 of Article 14 of the Law of July 23, 1999 "On Mass Media", the normative resolution of the Constitutional Court emphasized that the right to privacy (including the right to image) as one of the fundamental human rights, it is protected by the State. The use of an image without the consent of a person is allowed when the goal of protecting the constitutional order, protecting public order, human rights and freedoms, the health and morals of the population is clearly expressed in the publication in the media. As the analysis showed, this approach is not always observed in law enforcement practice (Regulatory Resolution No. 11 of April 21, 2023).

At the request of the Deputy Prime Minister - Minister of Trade and Integration, an interpretation was given to certain provisions of the normative resolution of the Constitutional Council dated November 5, 2009 No. 6 "On the official interpretation of the norms of Article 4 of the Constitution of the Republic of Kazakhstan in relation to the procedure for the execution of decisions of international organizations and their bodies." The Constitutional Court emphasized that the procedure for the adoption and entry into force of decisions of international organizations and their bodies to which the Republic is a party should ensure full accounting of national interests with the possibility of considering the disputed issue by the supreme body of the relevant international organization at the level of heads of state.

 

IV   

 

The supremacy of the Constitution, the protection of human rights and freedoms depend on an adequate legal response to emerging challenges and the legality of the adoption and implementation of decisions by state bodies, as well as in general on the human center of the state system.

The indicated goals should accompany the further work of interested state bodies in the execution of the final decisions of the Constitutional Court.

Currently, relevant measures have been taken or are being taken by the concerned authorized State bodies on some of them. As a positive example of a proactive response on the part of the Parliament and the Government, before the completion of the constitutional proceedings, it should be noted the elimination of constitutional and legal conflicts within the framework of the Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Human Rights Issues in the Sphere of Criminal Proceedings, Execution of Punishment , as well as the prevention of torture and other cruel, inhuman or degrading treatment”, adopted on March 17, 2023.  In accordance with the regulatory decision of the Constitutional Court of February 22, 2023 No. 3, a draft law on state duties in courts is being developed. It is planned to amend the Tax, Civil Procedure and Administrative Procedural and Procedural Codes, providing for postponement, installment and exemption from payment of state duty in courts based on the property status of an individual or the financial situation of a legal entity.

Constitutional control contributes to the practical implementation of the provisions of the Constitution. Global challenges and the expansion of the spheres of human life require dynamic changes in legislation and the reconstruction of the structural elements of legal protection. The speed of change reinforces the task of the legislator to ensure the quality and relevance of the form and content of laws.

Comprehensive analysis should accompany all legislative initiatives. This also applies to the optimization of legislative provisions, to which the Constitutional Court drew attention when considering the Social Code. The results of comprehensive and thorough legal monitoring should accompany the rule-making process, which guarantees the development of a rule of law consistent with the Basic Law.

As individual constitutional proceedings have shown, various departmental approaches remain in the application of the law's norms of an intersectoral nature. This situation leads to a violation of the principle of equality of all before the law and the court.

The legislation of the Republic provides for various tools to prevent such situations, and they should be used in a timely manner, in the necessary volumes.

Today, the Constitutional Court is empowered to decide not only on the constitutionality or unconstitutionality of a norm of a law or other normative legal act, but also on the interpretation of the relevant norm. This allows you to quickly eliminate legal conflicts and gaps identified as a result of the constitutional review. The novel about the adoption of such regulatory decisions is borrowed from positive international experience and allows us to clarify the meaning of the legal norm from the position of the proclaimed constitutional principles and guarantees. The legal consequences of applying the interpreted norm are the same as when the norm is declared unconstitutional (Regulatory Resolution No. 12-RR dated April 28, 2023).

The institutional formation of the Constitutional Court, the formation of its practice, the expansion of citizens' access to constitutional control, the empowerment of the Prosecutor General and the Commissioner for Human Rights with the right to raise the question of the constitutionality of normative legal acts, the new format of their interaction with the branches of state power will naturally require further improvement of legislation.

Under such conditions, for the purpose of uniform law enforcement, the role of a citizen's constitutional appeal increases, which, on the one hand, has become an additional means of protecting their rights, and on the other, a clear manifestation of civic activity in the process of strengthening the constitutional legitimacy of laws.

As the first months of work showed, citizens often apply to the Constitutional Court if they have the opportunity to defend their rights using other human rights instruments, while in international practice the mechanism of constitutional appeal (complaint) can be used when other remedies are exhausted.

An analysis of the appeals received by the Constitutional Court shows a certain validity of complaints about certain provisions of laws and other normative legal acts.

Based on the above, the introduction of the institution of constitutional appeal of a citizen will require a further increase in the level of constitutional legal awareness and legal culture of society and the state apparatus as a whole, as well as the specialization of the system of providing qualified legal assistance within the framework of constitutional proceedings. This institute is focused on helping to further strengthen the constitutional rule of law in the country.

It should be recognized that the updated Constitution meets the requirements of global and regional challenges and serves as the basis for the processes of political transformation taking place in the country. It is necessary to continue strengthening the creative potential of the Basic Law through the implementation of a set of legislative, scientific and practical measures, provided they are stable, consistent and systematic.

The supremacy of the Constitution continues to be the fundamental foundation of our state and is focused on the legislative and practical provision of dignity, freedom and justice for all. The continuity and stability of constitutional and legal development should be maintained through the consolidation of efforts and constructive partnership of citizens, civil society institutions and state bodies on the path of sustainable development of the Republic of Kazakhstan.

 

Constitutional Court of the Republic of Kazakhstan