Stages of citizens’ appeals to the Constitutional Court

Step 1: The Apparatus of Constitutional Court receives and checks the compliance of appeals with the established requirements through:
📨 the electronic government portal (EGP) or e-Otinish;
📍on paper form at the address: Astana, 010000, Mangіlіk El, 13.
In case of the appeal does not comply with the requirements, the Apparatus may return it to the applicant on the basis of Article 47 of the Constitutional Law “On the Constitutional Court”. After eliminating the shortcomings, the citizen is entitled to re-send an appeal to the Constitutional Court.

Step 2: The appeal that meets the prescribed requirements is forwarded to the judges of the Constitutional Court for preliminary examination. The requirements are established in Articles 44 and 45 of the Constitutional Law "On the Constitutional Court of the Republic of Kazakhstan."

Step 3: The results of the preliminary examination of the appeal are reported by designated the rapporteur judge(s) during a session of the Constitutional Court. Following the discussion, the judges vote to decide whether to accept the appeal for constitutional proceeding or to refuse. The participants of the constitutional proceedings are notified about the decision within five working days.

Step 4: The rapporteur judge gathers and prepares materials for a comprehensive consideration of the appeal by the Constitutional Court.

Step 5: The consideration of the appeal that accepted to constitutional proceedings takes place during hearings of the Constitutional Court. If necessary, explanations and statements from the participants of the constitutional proceedings and other invited individuals may be heard.
During materials preparations, the rapporteur judge has the right to interview relevant officials, engage scholars, experts, translators and entrust carrying out inspections, expertise and research.

What final decision does the Constitutional Court issue?

Step 6: The Constitutional Court issues the final decision in the form of a normative resolution, publishes it on its website and in designated media outlets as well as sends it to the participants of the constitutional proceedings. The final decision enters into force from the date of its adoption, applies to the entire territory and is not subject to appeal.

Termination of Constitutional Proceedings

Constitutional proceeding is terminated at any stage in the following cases:
▪️withdrawal of the appeal by the applicant;
▪️cancellation or expiration of the legal force of the act, the constitutionality of which is challenged, except cases where it continues to apply to the relevant legal relationship;
▪️non-subordination of the submitted appeal to the jurisdiction of the Constitutional Court;
▪️adoption of a final decision by the Constitutional Court on another appeal that raised a similar issue.
▪️the Constitutional Court's decision to terminate constitutional proceedings on a particular appeal deprives the subject of the appeal of the opportunity to reapply to the Constitutional Court on the same grounds.

What are deadlines for appeal consideration?

The appeal is considered within three months from the date of acceptance of the appeal to the constitutional proceedings. Depending on the complexity of the appeal and the need for additional investigation, the deadlines may be extended.

What are possible final decisions of the Constitutional Court?

As a result of appeal consideration, the Constitutional Court could issue a normative resolution with the following content:
▪️recognition of a law or other regulatory legal act (NLA) or its specific provisions as compliant with the Constitution;
▪️recognition of a law or other NLA or its specific provisions as compliant with the Constitution based on the Constitutional Court's interpretation;
▪️recognition of a law or other NLA or its specific provisions as not compliant with the Constitution.