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Bulletin of Abai KazNPU. Series of Jurisprudence

CONSTITUTIONAL COURT OF THE REPUBLIC OF KAZAKHSTAN: ISSUES IN THE IMPLEMENTATION OF ITS COMPETENCE AND PROSPECTS FOR DEVELOPMENT

Published September 2025
Ташкентский государственный юридический университет
Abstract

The article is devoted to a comprehensive analysis of the current state and prospects for the development of the institution of constitutional justice in the Republic of Kazakhstan in the context of constitutional reform. It reveals the theoretical and legal foundations of constitutional control and the specifics of the institutional evolution of the Constitutional Court, which, as a result of reforms, has acquired the status of a full-fledged judicial body. Much attention is paid to the new right of citizens to file constitutional complaints, which has significantly strengthened the potential for protecting fundamental rights and freedoms of the individual. The main problems of the Constitutional Court's jurisdiction are identified: a heavy workload on the constitutional justice body with limited procedural filters for the admissibility of complaints and insufficient transparency of procedures. It is noted that without the creation of a system of parliamentary and public control over the implementation of the decisions of the Constitutional Court, there remains a risk of undermining the role of constitutional justice. The article argues for the need to introduce additional procedures, in particular, the amicus curiae mechanism, as a way to improve the quality of case consideration and strengthen trust in the court. It is emphasized that public trust and the development of a legal culture are the determining factors for the stability of democratic institutions. The conclusion is made that further improvement of constitutional control in Kazakhstan should combine the institutional independence of the court, the binding nature of its decisions, and the broad involvement of civil society.

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