Constitutional Court: citizen did not properly exercise the right to judicial protection

Теlegram CС - https://t.me/consot_kz  

 

A citizen applied to the Constitutional Court to review the constitutionality of Article 52 (1), Article 279 (13) and Article 366(2) of the Civil procedural code.

The reason for the appeal was the decision of the courts to leave without consideration the applicant's claim against the notary in connection with the refusal to issue a certificate of right to inheritance.

Based on the results of the preliminary examination, the Constitutional Court indicated that there was no basis for reviewing the first part of Article 52 of the Civil procedural code due to its non-application in the court decision. With regard to the other rules of the Civil procedural code, the Constitutional Court drew attention to the legal clarity of the court decisions which did not restrict the applicant's right to judicial protection. In particular, the courts indicated that, in essence, the citizen did not need to challenge the notary's refusal, but directly in the framework of the action proceedings the dispute itself between the applicant and the third party in whose favor the applicant had previously refused a share in the inheritance.

Thus, based on the results of the preliminary examination, the Constitutional Court did not identify permissible conditions for checking the constitutionality of the claimed norms of the Civil procedural code.