Prosecutor's supervision over the execution of Constitutional Court decisions - guarantee of observance of constitutional legality

The enforcement of the Constitutional Court's decisions is a guarantee of the restoration of constitutional legality and the protection of human rights. Judges of the Constitutional Court and prosecutors of the General Prosecutor's Office and its territorial subdivisions talked about it during the meeting.

Out of 45 final decisions on the results of verification of compliance with the Constitution of the Republic of Kazakhstan, in 8 decisions the judges of the Constitutional Court came to the conclusion that legal norms were unconstitutional, and in 13 cases an interpretation was given in accordance with the Constitution.

Pursuant to the final decisions of the Constitutional Court, the procuratorial authorities reviewed more than 15,000 criminal and 4,500 civil cases, examined 3,000 complaints and applications from convicted persons and 3,500 materials on the use of preventive measures in pretrial proceedings.

As a result of the inspection, the rights of 26 citizens were restored, including through the submission of 13 acts of oversight and response to those State bodies that had failed to take timely action to implement the decisions of the Constitutional Court.

▪️ On the basis of the final decision of the Constitutional Court No. 5-NP on the inadmissibility of stopping the payment of pensions in cases not provided for by law, the pension rights of 5 citizens in the Abay region, East Kazakhstan, Pavlodar and North Kazakhstan regions were restored for a total amount of more than 20 million tenge.

▪️ On the basis of the final decisions of the Constitutional Court No. 19-NP and No. 26-NP, the prosecutor's office bodies checked 46 cases and restored the rights of 3 citizens, in respect of two of them administrative proceedings had previously been illegally initiated and 1 citizen was reinstated in Zhetysu region, East Kazakhstan and Atyrau regions.

Pursuant to the final decision of the Constitutional Court No. 6, article 141 of the Code of Criminal Procedure was brought into conformity with the Constitution by members of Parliament, and prosecutors restored the rights of 42 convicts to maintain social ties with their relatives, which is one of the conditions for the resocialization of this category of citizens.

In its final decision No. 29-NP, the Constitutional Court declared unconstitutional the provision in article 482, paragraph 1, of the Code of Criminal Procedure restricting the right to legal assistance. As a result of the prosecutor's inspection of the implementation of the final decision of the Constitutional Court, which was based on a complaint filed by a lawyer, an unlawful judicial act in the Akmola region was annulled.

On June 1, 2023, the Constitutional Court, in its final decision No. 18-NP, declared unconstitutional the requirement that citizens must submit a report of molecular genetic expertise when applying to the court for simplified adoption.

The analysis carried out by local prosecutors showed that there were cases of non-compliance by the courts with the findings of the Constitutional Court. Five applications were returned for lack of expertise, and in all cases the rights of citizens were restored.