NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KAZAKHSTAN

of April 23, 2025 No. 71-NP

The additional decision on interpretation of the normative resolution of the Constitutional Council of the Republic of Kazakhstan of December 1, 2003 No. 12 "About official interpretation of articles 10 and 12 of the Constitution of the Republic of Kazakhstan"

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. considered in open session the petition of the Minister of Justice of the Republic of Kazakhstan for interpretation of part two of Item 2 of the deciding part of the normative resolution of the Constitutional Council of the Republic of Kazakhstan of December 1, 2003 No. 12 "About official interpretation of articles 10 and 12 of the Constitution of the Republic of Kazakhstan" (further - the normative resolution of December 1, 2003 No. 12).

Having heard the speaker - the judge of the Constitutional Court of the Republic of Kazakhstan Nurmukhanov B. M., having studied materials of the constitutional production and having analyzed regulations of the law in force of the Republic of Kazakhstan, the Constitutional Court of the Republic of Kazakhstan (further - the Constitutional Court)

established:

Based on the subitem 1) of Item 1 of article 60 of the Constitutional law of the Republic of Kazakhstan of November 5, 2022 "About the Constitutional Court of the Republic of Kazakhstan" in the Constitutional Court the petition of the Minister of Justice of the Republic of Kazakhstan (further - the Minister of Justice) about interpretation of part two of Item 2 of the deciding part of the normative resolution of December 1, 2003 No. 12 arrived. The subject of the address asks to answer the following questions:

"1. Whether means it that the rights of foreigners and stateless persons in relation to the rights of citizens of the Republic of Kazakhstan can only be limited, but cannot be more on amount of the rights of citizens of the Republic of Kazakhstan in any way?

2. Whether introduction at the level of the law of prohibition on the admission of citizens of the Republic of Kazakhstan to participation in gamblings in certain territory of the country when such prohibition is not provided for foreigners and stateless persons is possible in legal interrelation of item 4 of Article 12 and article 39 of the Constitution?".

Follows from materials of the constitutional production that project development of the Law of the Republic of Kazakhstan "About modification and amendments in the Law of the Republic of Kazakhstan "About gaming" in which it is offered to establish prohibition on the admission of citizens of the Republic of Kazakhstan to participation in gamblings in the casino and slot machine halls placed in the separate territories in the country was the cause for the address to the Constitutional Court.

By consideration of the first question of the petition of the Minister of Justice the Constitutional Court proceeds from the following.

1. The normative resolution of December 1, 2003 was accepted No. 12 according to the address of group of deputies of Parliament of the Republic of Kazakhstan about official interpretation of articles 10 and 12 of the Constitution of the Republic of Kazakhstan (further - the Constitution, the Fundamental Law) which contained request to provide the answer to question: Whether "The citizen of the Republic of Kazakhstan who at the same time is citizen of other state, has constitutional rights and freedoms of the citizen of the Republic of Kazakhstan (the right to choose, be elected)".

Emphasizing unacceptability in Kazakhstan multiple, including double, nationality, in the normative resolution of December 1, 2003 the explanation that the Constitution differentiates legal status of the personality was made to No. 12, using the terms "citizen of the Republic of Kazakhstan", "everyone", "in total", "foreigners" and "stateless persons", and, respectively, "establishes for these subjects different amount of the rights and freedoms which they can use, and different amount of obligations which are assigned to them". In the deciding part of the final decision it is specified that "constitutional legal status of the citizen of the Republic of Kazakhstan assumes possession on the basis of equality of complete amount of the rights, freedoms and obligations established for it by the Constitution, the laws and other regulatory legal acts of the Republic of Kazakhstan", and "for foreigners and stateless persons other is provided, limited, constitutionally - legal status".

The legal line item concerning legal status of foreigners and stateless persons in the Republic of Kazakhstan is based on item 4 of article 12 of the Constitution according to which "foreigners and stateless persons have the rights and freedoms in the Republic, and also perform the duties established for citizens if other is not provided by the Constitution, the laws and international treaties".

The constitutional court explains that "other, limited, constitutional legal status" means that foreigners and stateless persons during their stay in the territory of the Republic of Kazakhstan cannot have some rights and freedoms of her citizens owing to requirements of the Constitution, the laws and international treaties. The faces having citizenship of Kazakhstan in comparison with foreigners and stateless persons have the large volume of constitutional rights and freedoms which are the center of legal status of the personality and are the cornerstone of all other rights affirmed by other industries of the law in force (civil, labor, criminal, administrative and others).

2. The approaches to scoping of the rights and freedoms of foreigners and persons without citizenship pledged in the Constitution are corresponded to provisions of fundamental international acts. The international agreements ratified by the Republic have priority before its laws. The procedure and conditions of action in the territory of the Republic of Kazakhstan of international treaties which participant is Kazakhstan are determined by the legislation of the Republic (Item 3 of article 4 of the Constitution).

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