Meeting of the Constitutional Council was held on the proposal of the Specialized Interdistrict Court for Criminal Cases of the Akmola Region on the recognition of the unconstitutional provision of subparagraph 2) of Article 2 of the Law of the Republic of Kazakhstan dated December 27, 2019 “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Improving Criminal, Criminal Procedure Legislation and Strengthening the Protection of Individual Rights”.

Opening the meeting, the Chairman of the Constitutional Council Kairat Mami noted that the court's submission affected the right of the accused to have his case examined by a jury, which acts as a special criminal procedural guarantee for the protection of his rights and legitimate interests.

Member of the Constitutional Council - rapporteur AlibekTemerbekov informed about the preparatory measures taken for the submission.

At the meeting, the Constitutional Council heard the views of representatives of the Senate and Mazhilis of the Parliament, the Government, the Supreme Court, the General Prosecutor's Office, the Ministries of Internal Affairs and Justice. The subject of the appeal - the judge of the Specialized Interdistrict Court for Criminal Cases of the Akmola region Arlan Koszhanov, as well as experts - doctors of jurisprudence M. Kogamov and A. Akhpanov shared their opinions.

The Constitutional Council examined the conclusions of the National Security Committee, the Anti-Corruption Agency, the Financial Monitoring Agency, the Ombudsman, the Republican Collegium of Advocates, the Institute of Legislation and Legal Information, the Institute of Parliamentarism, the Center for Legal Policy Research, al-Farabi KazNU, L.N. Gumilyov Eurasian National University, M. Narikbayev KAZGUU University, Karaganda Buketov University, Caspian University and others.

After hearing the meeting’s participants, the composition of the Constitutional Council retired to the deliberation room andmade a decision. It is published with a commentary on the Council's website.

Postfactum.kz