NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of January 15, 2016 No. 1

About right of access to justice and competences of the Supreme Court of the Republic of Kazakhstan on review of court resolutions

Noting need of explanation of the questions arising in practice of application of the legislation on access to justice and competences of the Supreme Court of the Republic of Kazakhstan (further - the Supreme Court) on review of court resolutions and by results of studying of court practice, the plenary session of the Supreme Court

decides:

1. In case of realization of the constitutional principle about the right of everyone to judicial protection of the rights and freedoms it is necessary to recognize explanations of resolutions of the Constitutional Council of the Republic of Kazakhstan (further - the Constitutional Council) of March 29, 1999 No. 7/2 and of December 1, 2003 No. 12 that:

the regulation of Item 2 of article 13 of the Constitution of the Republic of Kazakhstan (further - the Constitution) means the right of any man and citizen to take a legal action behind protection and recovery of the violated rights and freedoms, with realization of this right on basis and according to the procedure, established by the law;

the principle of equality before the law guaranteed by Item 1 of article 14 of the Constitution means that in the laws the specific conditions and circumstances allowing to exercise rights and freedoms of man and citizen are determined;

the right to judicial protection is the constitutional guarantee of rights and freedoms of man and citizen which belongs to the citizen of the Republic of Kazakhstan, the foreigner and the stateless person;

Judicial protection of the rights and legitimate interests is guaranteed as well to other subjects according to the legislation of the Republic of Kazakhstan and international treaties.

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