Constitutional Court to Review Constitutionality of Procedural Limits of Cassation in Civil Proceedings

Constitutional Court to Review Constitutionality of Procedural Limits of Cassation in Civil Proceedings

An appeal was submitted by a citizen, prompting the Constitutional Court to examine the constitutionality of subparagraph 3) of paragraph two of Article 434 of the Code of Civil Procedure.

The appellant argues that the contested norm curtails the rights of individuals, particularly those with disabilities, by restricting their ability to have their cases reviewed through the cassation procedure. This is because the norm stipulates that judicial acts in cases involving property interests of individuals with a claim amount of less than two thousand monthly calculation indices are exempt from cassation review.

During the session at the Constitutional Court, various stakeholders including the appellant, representatives from the Ministry of Justice, the Supreme Court, the Prosecutor General's Office, the National Centre for Human Rights, the Republican Bar Association, and the Institute of Legislation and Legal Information, presented their perspectives.

The final decision of the Constitutional Court will be made available to the public in accordance with Article 65 of the Constitutional Law on the official website of the Constitutional Court, accessible via the link: https://www.gov.kz/memleket/entities/ksrk/activities/directions?lang=ru, as well as in the newspapers "Egemen Kazakhstan" and "Kazakhstanskaya Pravda".