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Home / Constitutional law / Article 45. Citizens' complaints about the violation of constitutional human and civil rights and freedoms. The Constitutional Law On the Constitutional Court of the Republic of Kazakhstan

Article 45. Citizens' complaints about the violation of constitutional human and civil rights and freedoms. The Constitutional Law On the Constitutional Court of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 45. Citizens' complaints about the violation of constitutional human and civil rights and freedoms. The Constitutional Law On the Constitutional Court of the Republic of Kazakhstan

     1. Upon the appeal of citizens, the Constitutional Court shall consider for compliance with the Constitution of the Republic of Kazakhstan the normative legal acts of the Republic of Kazakhstan directly affecting their rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan.

     2. A citizen's appeal is permissible if:

     1) the contested law or other normative legal act has been applied by a court or directly affects the rights and freedoms in a particular case involving a citizen and a judicial act has been issued in the case that has entered into legal force.;

     2) the appeal is filed no later than one year after the adoption of the judicial act provided for in subparagraph 1) the present paragraph.

     3. The Constitutional Court has the right to accept a citizen's appeal to its proceedings without appealing a judicial act if the official explanation of the contested normative legal act given in the normative decisions of the Supreme Court of the Republic of Kazakhstan indicates that no other application of the normative legal act is envisaged and these means cannot prevent the violation of citizen's rights.

     4. A citizen's appeal is also permissible if a citizen's preliminary appeal to the court does not lead to a different application of the law directly affecting his rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan in a specific situation due to the imperative of the relevant provisions of the law.

 

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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