NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 3, 2024 No. 54-NP

About consideration on compliance of the Constitution of the Republic of Kazakhstan of Item 1 of article 65 of the Law of the Republic of Kazakhstan of April 17, 2014 "About traffic" and Item 5-2 of article 10 of the Law of the Republic of Kazakhstan of July 1, 2003 "About compulsory insurance of civil responsibility of owners of vehicles"

NAME OF THE REPUBLIC OF KAZAKHSTAN

Constitutional court of the Republic of Kazakhstan as a part of the Chairman Azimova E. A., Eskendirov A. K. judges., Zhakipbayeva K. T., Zhatkanbayeva A. E., Kydyrbayeva A. K., Mussina K. S., Nurmukhanova B. M., Ongarbayev E. A., Podoprigora R. A. and Udartseva of Page F., with participation:

subject of the address Shchur M. M.,

representatives:

Agencies of the Republic of Kazakhstan on regulation and development of the financial market - the vice-chairman Hadzhiyeva M. Zh.,

The Prosecutor General's Office of the Republic of Kazakhstan - the adviser to the Attorney-General Adamov T. B.,

The Ministries of Justice of the Republic of Kazakhstan - the vice-minister Mersalimova L. K.,

The Ministries of Internal Affairs of the Republic of Kazakhstan - the vice-chairman of Committee of administrative police of Tusupova S.A.,

Industry ministries and constructions of the Republic of Kazakhstan - the vice-chairman of Committee of the industry Suyunbayev Sh. N.,

The Ministries of Foreign Affairs of the Republic of Kazakhstan - the director of International legal department Zhumakanov N. V.,

The ministries of national economy of the Republic of Kazakhstan - the director of the department of internal administration Daribayev R. T.,

The national center for human rights - the head of department of enhancement of the legislation Beisov B. M.,

The office of the Majilis of Parliament of the Republic of Kazakhstan - the main consultant of Department of the legislation of Narenova A. E.,

The office of the Senate of Parliament of the Republic of Kazakhstan - the assistant manager Department of the legislation of Sartayeva N. A.,

Shchur M. M. about check on compliance of the Constitution of the Republic of Kazakhstan of Item 1 of article 65 of the Law of the Republic of Kazakhstan of April 17, 2014 "About traffic" (further - the Road traffic act) and Item 5-2 of article 10 of the Law of the Republic of Kazakhstan of July 1, 2003 "About compulsory insurance of civil responsibility of owners of vehicles" considered in open session the address (further - the Law on compulsory insurance).

Having heard the speaker - the judge of the Constitutional Court of the Republic of Kazakhstan Podoprigora R. A. and participants of meeting, having studied the conclusions of the vice-president of Asian community of international law of PhD Daulenov M. M. and the senior research associate of Research institution of private law of the Caspian public university, the chief researcher of Institute of the legislation and legal information of the Republic of Kazakhstan Candidate of Law Sciences Scriabin S. V. and other materials of the constitutional production, having analyzed regulations of the law in force of the Republic of Kazakhstan and the certain foreign states, the Constitutional Court of the Republic of Kazakhstan

established:

In the Constitutional Court of the Republic of Kazakhstan (further - the Constitutional Court) the address about consideration on compliance to Item 1 of Article 6, to Item 2 of Article 10, to Item 1 of Article 12, to Item 2 of Article 14, to Item 1 of Article 21 and Item 1 of article 26 of the Constitution of the Republic of Kazakhstan (further - the Constitution, the Fundamental Law) Item 1 of Article 65 of the Road traffic act and Item 5-2 of article 10 of the Law on compulsory insurance arrived.

The subject of the address is citizen of the Republic of Kazakhstan, constantly lives in the Russian Federation in which competent authority the car belonging to it on the property right is registered. In case of the appeal to the Kazakhstan insurance company for the conclusion of the agreement of compulsory insurance of civil responsibility of owners of vehicles that is the compulsory provision for operation of the vehicle in the Republic of Kazakhstan, was refused to it the conclusion of the agreement. The insurance company referred on above-stated the provision of the law about traffic by which it is determined what vehicles are considered being in international movement on the territory of the Republic of Kazakhstan, and also the provision of the law about compulsory insurance according to which the conclusion of the contract with owners of the vehicles which are not in such movement is not allowed. According to the Road traffic act the vehicle belonging to the subject of the address in case of entry into Kazakhstan is not recognized being in international movement on its territory.

Item 1 of Article 65 of the Road traffic act and Item 5-2 of article 10 of the Law on compulsory insurance were applied by Trial and Appeal Courts in civil legal proceedings (Kostanay city court of the Kostanay region in the decision of August 21, 2023; judicial board on civil cases of Kostanay regional court in the resolution of November 15, 2023) in case of refusal in satisfaction of claims of the subject of the addressing about compulsion of insurance company the conclusion of the agreement of compulsory insurance of the civil owner's liability of the vehicle. The subject of the address considers that data of the provision of the law on traffic and the Law on compulsory insurance violate its rights affirmed by the above-stated articles of the Constitution.

When checking constitutionality of Item 1 of Article 65 of the Road traffic act and Item 5-2 of article 10 of the Law on compulsory insurance the Constitutional Court proceeds from the following.

1. The constitution recognizes by the supreme values of the Republic of Kazakhstan the person, his life, the rights and freedoms.

In the Republic of Kazakhstan human rights and freedoms according to the Constitution are recognized and guaranteed (Item 1 of Article 12). This fundamental provision finds the expression in establishment of the corresponding mechanisms and conditions for their realization in the legislation of the Republic of Kazakhstan, creation of institutes and instruments of protection of the rights and freedoms in case of their violation.

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