The Constitutional Court did not identify admissible conditions for testing the constitutionality of the rule of the Rules in the field of construction

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

 

A citizen appealed to the Constitutional Court to verify the constitutionality of subparagraph 6) of paragraph 35 of the Rules on the organization of construction and passing of permit procedures in the field of construction, approved by Order of the Minister of National Economy No. 750 of 30 November 2015.

The contested norm of the Rules establishes the requirement to provide written consent of the owners of premises (parts of the residential building) adjacent to those in which reconstruction, redevelopment or re-equipment is envisaged.

Based on the results of the preliminary examination, the Constitutional Court stated that, in essence, the applicant's claims concern the verification of the norm of the order for compliance with the Law “On Housing Relations” and not with the Constitution. At the same time, all the arguments raised by the applicant relate directly to factual circumstances that have already been assessed by the general jurisdiction court. Thus, the review of the court decision and the verification of the order for compliance with the Law do not fall within the competence of the Constitutional Court.

It should be noted that in accordance with paragraph 1 of Article 34 of the Constitution of the Republic of Kazakhstan, everyone is obliged to comply with the Constitution and legislation of the Republic of Kazakhstan, to respect the rights, freedoms, honor and dignity of other persons.