Possibility to appeal

Kazakhstan

Kazakhstan

Answer
No
Source

The Constitutional Law of the Republic of Kazakhstan on theConstitutional Council of the Republic of Kazakhstan № 2737 (1995-12-29).

CHAPTERV. THE DECISIONS OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC

Article36. Revision of Decisions of the Constitutional Council

1.The decision of the Constitutional Council may be revised by it under the initiative of thePresident of the Republic of Kazakhstan or under own initiative in cases, if:

1)the provision on the basis of which the decision was taken of the Constitutionwas changed;

 2) new circumstances have been discoveredwhich are significant for the item.

2.In interests of protection of the rights and freedom of the person and thecitizen, maintenance of national safety, the sovereignty and integrity of thestate the decision of the Constitutional Council can be reconsidered by itunder the initiative of the President of the Republic of Kazakhstan.

...

4.In the event of revising of final decision the Chairman of the ConstitutionalCouncil by his ordinance shall define the date and the procedure for holding anew session on that issue.

Article38. The Legal Force of the Decision of the Constitutional Council

 1. A final decision of the ConstitutionalCouncil shall enter into force from the date of its adoption, it shallobligatory in the entire territory of the Republic, it shall be finally and it shall not be subjectchallenged. The procedure entering into force of any other decisionsshall be defined by the Constitutional Council.

 2. The President may file objections against afinal decision of the Constitutional Council as a whole or its part which shallbe:

1)submitted not later than in a month from the date of President receiving thetext of the decision;

 2) overridden by two thirds of the votes ofthe total number of members of the Constitutional Council.

 

The Embassy of theRepublic of Kazakhstan in the United Kingdom of England and Northern Irelandofficial web-page,

http://www.kazembassy.org.uk/legislation_of_kazakhstan.htmlas retrieved on 2013-09-23.
Comment

No possibility to appeal, but there is apossibility of revision. Appeal- removal of a cause from an inferior court to asuperior one for the purpose of testing the soundness of the decisionof the inferior court. Revision - re-examination of cases. Basic differencebetween an appeal and a revision is that appeal is a right of party, butrevision is a discretionary power of court.

Close tooltip