The Constitutional Court has accepted for review a petition challenging the constitutionality of the fifth paragraph of paragraph 8 of Regulatory Resolution No. 6 of the Supreme Court of the Republic of Kazakhstan, dated July 16, 2007, “On Certain Issues Concerning the Application of Land Legislation by Courts”.
Under the challenged provision, disputes involving overlapping land plot boundaries must be resolved on the basis of historically established boundaries.
The applicant argues that this provision is inconsistent with the constitutional guarantees of private property rights. The applicant further maintains that regulatory resolutions of the Supreme Court, being an integral part of the law in force and binding on courts, must comply with the Constitution and may not restrict the rights and freedoms guaranteed by it.
The Constitutional Court will assess the constitutionality of the challenged provision, taking into account its content, objectives and significance for the application of the law.
Information on the progress and outcome of the constitutional proceedings will be published on the Constitutional Court’s official website and Telegram channel.
