The act challenged by a citizen should not be an individual decision (act) taken by a public official.
Such an act should be a statutory instrument as provided for in the Law of the Republic of Kazakhstan ‘On Statutory Instruments of the Republic of Kazakhstan’, whilst complying with the established conditions for admissibility of appeals to the Constitutional Court.
On October 19, the Constitutional Court of the Republic of Kazakhstan held an event to present the results of the project “Supremacy of the Constitution: Culture of Legality and Legal Awareness,” aimed at developing the Amicus Curiae (“friend of the court”) institution and strengthening legal culture.
The project was implemented in cooperation with the Embassy of the Kingdom of the Netherlands in Kazakhstan, the Sana Sezim Legal Center for Women's Initiatives Public Association, and the German Foundation for International Legal Cooperation (IRZ). The concluding event brought together representatives of government bodies, international organizations, the legal and academic communities, the legal profession, and civil society.
A central focus of the project was the Amicus Curiae institution, which enables independent experts to submit opinions to the Court on cases under consideration. This mechanism helps broaden the range of legal arguments, incorporate academic and professional perspectives, and facilitate a more comprehensive analysis of constitutional and legal issues. Such opinions are intended to be advisory in nature and must not predetermine the Court's decisions.
Speaking at the event, Chairperson of the Constitutional Court Elvira Azimova emphasized the importance of independent, objective, and professional expert participation in constitutional proceedings, the development of scientific and advisory activities, and the consistent implementation of constitutional principles.
Practical training for specialists was another key component of the project. Training sessions on constitutional and legal analysis and the preparation of expert opinions were held in Almaty, Turkestan, and Ust-Kamenogorsk for legal professionals, academics, and civil society representatives. As part of the Amicus Curiae Challenge competition, law students from various regions of the country applied their knowledge to practical legal cases. The team from Al-Farabi Kazakh National University emerged as the winner.
The concluding event also featured thematic sessions involving national and international experts, focusing on the implementation of the new Constitution and the application of the Amicus Curiae institution in constitutional justice. Participants exchanged experiences in preparing expert opinions and discussed current issues related to strengthening constitutional legality and protecting human rights.
By combining educational and practical components, the project strengthened professional cooperation and encouraged young legal professionals to engage in discussions on constitutional justice.
A citizen may challenge a normative legal act, a provision thereof or a specific provision if it directly affects their constitutional rights and freedoms; in doing so, the conditions governing the admissibility of an application to the Constitutional Court should be met.
For a citizen to lodge a complaint, it is necessary that the contested or other normative legal act has been applied by a court in a specific case involving a person whose rights and freedoms are affected, and that there is a final judgment by a court of appeal in that case.
The Constitutional Court does not carry out the judicial procedures provided for by law.
The 14th Summer School of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC), entitled “Key Principles for Limiting Rights and Freedoms,” was held in the Republic of Türkiye from 4 to 9 October 2026.
Organized at the initiative and with the support of Kadir Özkaya, President of the Constitutional Court of the Republic of Türkiye, the event took place at the Association’s Training and Human Resources Development Centre. It brought together 74 participants from 39 countries, as well as representatives of international organizations.
The Office of the Constitutional Court of the Republic of Kazakhstan was represented by M. Tulendiyeva, Head of the Documentation Support Sector of the Initial Review of Petitions and Reception Department, and A. Nurusheva, Chief Consultant of the International Cooperation and Organizational Support Department.
The programme featured presentations by representatives of constitutional review bodies and supreme courts, expert discussions, and an exchange of national experience in protecting constitutional rights and freedoms.
During a thematic session, the Kazakhstani participants delivered a presentation on the constitutional principles governing the limitation of human rights and freedoms in Kazakhstan. They outlined the provisions of the new Constitution aimed at strengthening safeguards for human rights and freedoms, as well as the constitutional requirements governing permissible limitations, with due regard to the universally recognized principles and norms of international law.
Particular attention was paid to the role of the Constitutional Court in upholding the supremacy of the Constitution and protecting constitutional rights and freedoms, including through the review of the constitutionality of normative legal acts.
Participants exchanged experience in applying national constitutional provisions, discussed approaches to determining permissible limits on restrictions of rights and freedoms, and considered issues related to the implementation of international human rights standards.
At the conclusion of the event, the representatives of the Office of the Constitutional Court of the Republic of Kazakhstan received certificates, awarded on behalf of the President of the Constitutional Court of the Republic of Türkiye, in recognition of their participation and contribution to the successful organization of the 14th Summer School.
When citizens’ applications are considered, they may be represented only by their legal representatives, advocates, legal consultants who are members of a chamber of legal consultants, as well as authorized representatives of organizations that are entitled by law, their charter or regulations to protect the rights and interests of their members and the rights and interests of other persons.
The Constitutional Court examined an application seeking a review of the constitutionality of the first paragraph of Article 254 of the Criminal Procedure Code, which regulates the procedure for seizing documents containing state secrets or other information protected by law.
The application arose from a criminal case in which the applicant was found guilty of using a knowingly forged document. The applicant disagreed with the court’s finding that a certificate of temporary incapacity for work did not contain information constituting a secret protected by law.
According to the applicant, the lack of clarity in the term “other secrets protected by law” in the contested provision makes it impossible to determine unequivocally whether authorization from an investigating judge is required for the seizure of the relevant documents.
The Constitutional Court noted that the Constitution guarantees the inviolability of private life, the protection of personal and family secrets, as well as the protection of personal data. Legislation provides for various categories of secrets protected by law, including medical confidentiality, and establishes procedural safeguards for the seizure of documents containing such information.
In particular, the seizure of documents containing state secrets or other secrets protected by law requires authorization from an investigating judge. Information obtained in violation of criminal procedural law cannot be used as evidence.
Determining whether a particular document contains information protected by law and whether authorization from an investigating judge was required for its seizure involves assessing the circumstances of the specific criminal case and falls within the competence of the court hearing the case.
A citizen may apply to the Constitutional Court if a normative legal act or an individual provision thereof, applied in a specific case, directly affects the citizen’s constitutional rights and freedoms. The application must meet the admissibility requirements established by the Constitutional Law “On the Constitutional Court of the Republic of Kazakhstan.”
On 9–10 October 2026, the 148th Plenary Session of the European Commission for Democracy through Law (Venice Commission) of the Council of Europe was held in Venice.
The session brought together representatives of 47 member states of the Commission, as well as institutions of the Council of Europe and the European Union. Kazakhstan was represented by Elvira Azimova, Chairperson of the Constitutional Court of the Republic of Kazakhstan.
During the session, the Commission examined opinions on legislative and institutional matters concerning Georgia, Greece, Malta, Moldova, Montenegro, Poland, Serbia and Ukraine. Key issues included constitutional amendments, the organization and functioning of state institutions, judicial independence, parliamentary ethics and electoral rights.
Comparative legal reports on voting by citizens abroad and the criminal liability of government members were also presented.
Kazakhstan’s participation in the work of the Venice Commission provides an opportunity to gain insights into international approaches to the development of constitutional law and constitutional justice, as well as to exchange experience in upholding the rule of law and protecting human rights and freedoms.
Citizens of the Republic of Kazakhstan may apply to the Constitutional Court to review the constitutionality of regulatory legal acts that directly affect their constitutional rights and freedoms.
The Commissioner for Human Rights may also apply to the Constitutional Court, and courts may submit referrals requesting a review of the constitutionality of regulatory legal acts affecting human and civil rights and freedoms enshrined in the Constitution.
Other entities entitled to apply to the Constitutional Court are specified in Article 73 of the Constitution of the Republic of Kazakhstan.