Article 44. The form and content of an appeal to the Constitutional Court. The Constitutional Law On the Constitutional Court of the Republic of Kazakhstan
1. Appeals to the Constitutional Court shall be submitted in written and (or) electronic form.
2. The request must specify:
1) the name of the Constitutional Court;
2) the name and location of the subject of the appeal, in the case of a citizen's appeal – surname, first name and patronymic (if it is indicated in the identity document), place of residence, individual identification number, information about the cellular subscriber number and e-mail address, if available;
3) the name and address of the representative of the subject of the appeal and his powers, except in cases of representation by position or by law. The citizen's application submitted by the representative must also contain information about his cellular subscriber number and e-mail address, if any.;
4) a draft law on amendments and (or) additions to the Constitution of the Republic of Kazakhstan, if the appeal raises the issue of giving an opinion in the case provided for in paragraph 3 of Article 91 of the Constitution of the Republic of Kazakhstan.;
5) the name, location and addresses of government agencies, officials who have signed or issued acts related to the conduct of elections of the President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan and the republican referendum, if the appeal raises the question of the correctness of their conduct;
6) the name and date of adoption of laws in case the appeal raises the issue of compliance of laws adopted by the Parliament of the Republic of Kazakhstan with the Constitution of the Republic of Kazakhstan.;
7) the name and date of adoption of resolutions of the Parliament of the Republic of Kazakhstan and its Chambers, if the appeal raises the issue of compliance of resolutions of the Parliament of the Republic of Kazakhstan and its Chambers with the Constitution of the Republic of Kazakhstan;
8) the name, date and place of signing of international treaties of the Republic of Kazakhstan, officials who signed them on behalf of the Republic of Kazakhstan or its state bodies, if the appeal raises the issue of compliance of international treaties of the Republic of Kazakhstan with the Constitution of the Republic of Kazakhstan;
9) the norms of the Constitution of the Republic of Kazakhstan, the official interpretation of which is being questioned in the appeal;
10) the name, number, date of adoption, sources of publication and other details of the law or other legal act in case the appeal raises the issue of reviewing the law or other legal act that has entered into force for compliance with the Constitution of the Republic of Kazakhstan.;
11) the name, location and address of the state body, official who signed or issued the act, the name, number, date of adoption, sources of publication and other details of the law or other normative legal act, if the court's submission raises the issue of declaring the act unconstitutional, if the court considers that the law or other normative legal act The act to be applied infringes upon the human and civil rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan;
12) the name, composition of the commission formed by the Parliament of the Republic of Kazakhstan in accordance with paragraph 1 of Article 47 of the Constitution of the Republic of Kazakhstan and its conclusion; the name, date of adoption and content of acts related to the consideration by the Parliament of the Republic of Kazakhstan of the issue of early dismissal from office of the President of the Republic of Kazakhstan;
13) information on the number of deputies who initiated the issue of dismissal of the President of the Republic of Kazakhstan; information on the results of voting in the Chambers of the Parliament of the Republic of Kazakhstan; information on the results of the investigation of the charges against the President of the Republic of Kazakhstan; information on the conclusion of the Supreme Court of the Republic of Kazakhstan on the validity of the charges; name, date of adoption and content of acts related to consideration by the Parliament of the Republic of Kazakhstan of the issue of dismissal of the President of the Republic of Kazakhstan;
14) the nature of the appeal, the position of the person submitting the appeal, and its legal justification;
15) other facts, circumstances and, if available, evidence serving as the basis for the appeal and confirming its validity;
16) the norms of the Constitution of the Republic of Kazakhstan and this Constitutional Law, which give the right to appeal to the Constitutional Court or consolidate the rights and freedoms of a citizen directly affected by the contested normative legal act;
17) a list of attached documents.
3. The appeal must be signed by the proper subject. An appeal made in the form of an electronic document is certified by an electronic digital signature.
4. The application is accompanied by:
1) copies of texts of acts subject to verification;
2) documents on the powers of the representative, except in cases where representation is carried out ex officio or by law;
3) a copy of the court's decision to suspend the proceedings in the case;
4) a court decision confirming the application of laws and other regulatory legal acts in a particular case;
5) written consent of the citizen, if the application is submitted on his behalf by authorized persons;
6) a document confirming the payment of the state fee when sending citizens' appeals for violation of the constitutional rights and freedoms of man and citizen, or a document confirming the right to be exempt from it;
7) other materials confirming the position of the person applying to the Constitutional Court.
5. Documents presented in languages other than the languages of the constitutional proceedings must be accompanied by their translation into Kazakh or Russian.
Constitutional Law of the Republic of Kazakhstan dated November 5, 2022 No. 153-VII SAM.
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