Article 41. Participants in the constitutional proceedings, other persons and bodies involved in the consideration of the appeal of the Constitutional Law On the Constitutional Court of the Republic of Kazakhstan

     1. The following persons and bodies are recognized as participants in constitutional proceedings: persons and bodies on whose appeals constitutional proceedings have been initiated, state bodies and officials, the constitutionality of whose acts is being verified.

     2. Persons and bodies involved in the consideration of an appeal are recognized as:

     1) government agencies and organizations;

     2) an expert and other persons whose opinions contribute to a comprehensive, complete and objective review of the application;

     3) Translator.

     3. If necessary, participants in the constitutional proceedings, other persons and bodies specified in subparagraph 1) of paragraph 2 of this article may designate their representatives to participate in the constitutional proceedings, whose powers are formalized in a power of attorney or other document issued in accordance with the established procedure. By virtue of the law, representatives of participants in constitutional proceedings have the right to participate in constitutional proceedings without formalizing their powers.

     4. When considering citizens' appeals, representatives may only be legal representatives, lawyers, legal advisers who are members of the Chamber of Legal Advisers, as well as authorized persons of organizations that are granted the right by law, charter or regulation to protect the rights and interests of members of these organizations, the rights and interests of others.

     5. At the request of the subject of the appeal, who has the right to receive state-guaranteed legal assistance, the participation of a lawyer or legal adviser is ensured by the Constitutional Court by sending a corresponding resolution to the bar association of the region, the city of republican significance, the capital or the Chamber of legal advisers at the choice of the applicant. Remuneration of a lawyer or legal consultant is made in accordance with the legislation of the Republic of Kazakhstan.

     6. The number of representatives may not exceed two persons.

     7. State bodies and organizations are obliged to preserve for the citizen who sent the appeal, his legal representative, translator, expert (specialist), the average earnings for all the time they spent at the request of the Constitutional Court to participate in its meeting.

Constitutional Law of the Republic of Kazakhstan dated November 5, 2022 No. 153-VII SAM.

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Republic of Kazakhstan     

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