Article 42. The rights and obligations of 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. Participants in constitutional proceedings enjoy equal procedural rights within the limits of their powers.

     2. Participants in the constitutional proceedings and their representatives have the right to:

     1) to get acquainted with the materials of the constitutional proceedings, make extracts from them and make copies, with the exception of information constituting state secrets or other secrets protected by law;

     2) to present evidence, participate in their research and prove the circumstances to which they refer as the basis of their appeals and objections;

     3) to express to the Constitutional Court their arguments and considerations on all issues arising in the course of the constitutional proceedings;

     4) to submit petitions and express their opinion on the petitions submitted;

     5) provide oral and written explanations to the Constitutional Court.

     3. Participant in the constitutional proceedings:

     1) upon whose appeal constitutional proceedings have been initiated, he has the right to change the basis of the appeal, increase or decrease its volume, and withdraw the appeal submitted by him before the Constitutional Court is removed to the advisory room for making a final decision.;

     2) in respect of an act of which constitutional proceedings have been initiated, the right to recognize the claims stated in the appeal in whole or in part or to object to them.

     4. The persons and bodies involved in the consideration of the appeal have the right:

     1) to get acquainted with the materials of the constitutional proceedings with the permission of the Constitutional Court and to the extent determined by it;

     2) to express to the Constitutional Court their arguments and considerations on the subject of the appeal.

     5. Participants in the constitutional proceedings, other persons and bodies involved in the consideration of the appeal, their representatives are obliged to:

     1) exercise their rights in good faith. If they knowingly provide false information to the Constitutional Court or fail to provide documents, materials and other information requested by the Constitutional Court, it is regarded as disrespect to the Constitutional Court and entails liability under the law.;

     2) respect the Constitution of the Republic of Kazakhstan, the Constitutional Court, its requirements and the procedures adopted by the Constitutional Court;

     3) to obey the orders of the chairman on observing the order of the meeting;

     4) not to disclose information about the circumstances of the appeal or other data that became known to them in connection with participation in closed sessions of the Constitutional Court.

     6. The expert (specialist) has the right:

     1) get acquainted with the materials related to the subject of the examination (research);

     2) submit petitions for the provision of additional materials necessary for giving an opinion.;

     3) receive remuneration for the work performed, if this was indicated in the ruling of the judge of the Constitutional Court.

     7. The expert (specialist) is obliged to:

     1) to give an objective and reasonable opinion on the issues put to him;

     2) if necessary, explain the contents of the opinion prepared by him and take part in the session of the Constitutional Court.

     8. The translator has the right:

     1) ask clarifying questions to the persons present during the translation process for completeness and correctness of the translation;

     2) receive remuneration for the work done.

     9. The translator is obliged to:

     1) to carry out the transfer assigned to him accurately and completely;

     2) certify the correctness of the translation with his signature in the documents of the constitutional proceedings.

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

 President    

Republic of Kazakhstan     

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