Article 48. Acceptance or refusal to accept an appeal to constitutional proceedings. The Constitutional Law On the Constitutional Court of the Republic of Kazakhstan

     1. A registered appeal shall be submitted by the Chairman of the Constitutional Court to one or more judges for preliminary examination, the results of which shall be reported at a session of the Constitutional Court.

     The decision on the acceptance of an appeal to constitutional proceedings is taken at a session of the Constitutional Court.

     2. If an appeal to constitutional proceedings is accepted, an appropriate note is made in the unified legal information system about the proceedings initiated to verify the constitutionality of a law or other normative legal act or their individual provisions.

     3. He refuses to accept an appeal to constitutional proceedings if:

     1) the appeal does not comply with the form and content of the appeal established by this Constitutional Law, the conditions of their admissibility, or comes from an inappropriate subject;

     2) the subject of the appeal does not fall within the competence of the Constitutional Court;

     3) the constitutionality of the issue indicated in the appeal has already been verified by the Constitutional Court and there is a legally binding decision of the Constitutional Court, provided that subsequently the norms of the Constitution of the Republic of Kazakhstan or other legal acts on the basis of which the decision was made have not been changed;

     4) the issue mentioned in the appeal has not been resolved in the Constitution of the Republic of Kazakhstan;

     5) an act, the constitutionality of which is disputed, has been repealed or has lost its force, except in cases when it continues to be applied to the relevant legal relations.

     4. The participants in the constitutional proceedings shall be notified of the decision taken by the Constitutional Court no later than five working days.

     5. The Constitutional Court notifies the authorized bodies and persons who should consider suspending the validity of the regulatory legal act being reviewed and the execution of legal acts adopted on its basis until the Constitutional Court makes a final decision, if their action or execution may lead to the impossibility of restoring human rights and freedoms or irreversible consequences for the security of the Republic of Kazakhstan..

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

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