Kazakhstan adopted a law protecting the constitutional rights of citizens
Astana. July 17. Kazakhstan Today - Kazakhstan strengthened the legal protection of citizens' constitutional rights, Kazakhstan Today reports.
President of Kazakhstan Nursultan Nazarbayev signed the Law of the Republic of Kazakhstan of July 10, 2012 № 32-V "On Amendments and addenda to some legislative acts of the Republic of Kazakhstan on implementation of Article 78 of the Constitution of the Republic of Kazakhstan," according to the website of the Ministry of Justice.
By law, the Criminal Procedure Code of the Civil Procedure Code, the Code of the Republic of Kazakhstan about administrative offenses added the following paragraph: "The courts have no right to apply laws and other regulatory legal acts infringing on the rights and freedoms of man and citizen. If the court finds that a law or other regulatory legal act subject to application infringes on the rights and freedoms of man and citizen, he is obliged to suspend the proceedings and ask the Constitutional Council of the Republic of Kazakhstan with a proposal to declare the act unconstitutional".
"The decisions of the courts and prosecuting authorities, based on law or other normative legal act declared unconstitutional, are not subject to execution", the document says.
Also, by the law in specified legislation and the Law "On arbitration courts" there were made other changes regarding the implementation of Article 78 of the Constitution.
This Act shall come into force after ten calendar days after its first official publication.
The bill "On introducing amendments and addenda to some legislative acts of the Republic of Kazakhstan on implementation of Article 78 of the Constitution of the Republic of Kazakhstan" was initiated by the deputies of the Majilis of Parliament, and prepared to fill the gaps in some legislative acts relating to the application of Article 78 of the Constitution of the Republic of Kazakhstan.
Article 78 of the Constitution of the Republic of Kazakhstan establishes the legal basis for the appeal of courts to the Constitutional Council in the consideration of specific criminal and civil cases and administrative cases. However, the implementation of the provisions of that article of the Constitution has been hampered by gaps of procedural law, which does not address the issues of legal effects of recognition by the Constitutional Council of Kazakhstan normative legal act or part thereof as unconstitutional.
The adoption of the bill will resolve a number of legal relations arising in proceedings in connection with the court appeal to the Constitutional Council, will increase guarantees for the protection of constitutional and civil rights.
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