NORMATIVE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KAZAKHSTAN

of July 18, 2025 No. 73-NP

About consideration on compliance of the Constitution of the Republic of Kazakhstan parts five of Article 319 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014

Name of the Republic of Kazakhstan

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

subject of the address Batyrbayev A. A. and his representatives - lawyers of Bar of the city of Astana of Azbanbayev N. M. and Dosmukhambetova A. T.,

representatives:

Financial monitoring agencies of the Republic of Kazakhstan - the head of Investigation department Finansov M. N.,

The Ministries of Justice of the Republic of Kazakhstan - the director of the department of the legislation Suleymenov D. A.,

The Prosecutor General's Office of the Republic of Kazakhstan - the senior assistant of the Attorney-General on especially important orders Adamov T. B.,

The office of the Majilis of Parliament of the Republic of Kazakhstan - the main consultant of Department of the legislation of Haresova N. T.,

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

The national center for human rights - the assistant manager Department of legal and organizational and analytical work of Abdrakhmanova D. T.,

Republican Bar - the member of scientific and advisory council Nurkeeva A. A.,

considered in open session the address about check on compliance of the Constitution of the Republic of Kazakhstan to part five of Article 319 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (further - the Code of Criminal Procedure).

Having heard the speaker - the judge of the Constitutional Court of the Republic of Kazakhstan Zhakipbayev K. T. and participants of meeting, the expert - provost (rector) of Maqsut Narikbayev University of Candidate of Law Sciences, associate professor Pen S. G., 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

established:

In the Constitutional Court of the Republic of Kazakhstan (further - the Constitutional Court) the address about consideration on compliance of the Constitution of the Republic of Kazakhstan (further - the Constitution, the Fundamental Law) parts five of article 319 Code of Criminal Procedure arrived.

Follows from the address that on June 20, 2024 the investigative judge of specialized interdistrict examining court of the city of Astana authorized crossing measure in the form of detention concerning the subject of the address. In subsequent stay term under guards was prolonged in accordance with the established procedure till December 18, 2024.

The criminal case which arrived from the prosecutor is registered in interdistrict criminal court judge of the city of Astana on December 17, 2024 and it is accepted the court order of December 20, 2024 to production. The measure of restraint chosen concerning the applicant is left the same court resolution without change, and the term of its content under guards is prolonged "before substantive prosecution".

The subject of the address considers that she in defiance of ConstitutionsArticle 319 part fivethe provisions Codes of Criminal Procedure allows possibility of content of the person accused under guards after the expiration of the term established by court.

When checking constitutionality of the considered norm of the Criminal Procedure Code the Constitutional Court proceeds from the following.

1. The constitution proclaims the person, his life, the rights and freedoms the supreme values of the state (Item 1 of Article 1).

The constitutional guarantees of personal liberty are enshrined in Article 16 of the Fundamental Law according to which everyone has the right to personal liberty. Arrest and detention are allowed only in the cases provided by the law and only from the sanction of court with provision to the arrested of the right of appeal. Without sanction of court person can be subjected to detention for the term of no more than seventy two hours.

According to Item 3 of article 39 of the Constitution the right of everyone to personal liberty in any cases is not subject to restriction, except for provided by regulations of the Constitution (the normative resolution of the Constitutional Council of the Republic of Kazakhstan of April 13, 2012 No. 2).

The constitution establishes priority of the international treaties ratified by the Republic of Kazakhstan over 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 its legislation (Item 3 of Article 4).

The constitutional court in the decisions consistently notes that any restriction of rights and freedoms of man and citizen shall be not only is strictly determined by the law but also to answer the principle of legal definiteness - to be clear, predictable and not allowing any interpretation.

In the normative resolution of April 11, 2023 No. 9 the Constitutional Court specified that "the state shall guarantee the natural right of the person to personal liberty through realization of the principle of integrity of human beings. Each person to whom this or that measure of restraint is applied is the personality having advantage, the inaliennable and belonging from the birth rights".

The body of the constitutional control noted earlier that the measures of legislative nature taken in realization of the human rights and freedoms guaranteed by the Constitution shall be directed first of all to prevention of the possibility of violation of constitutional rights and freedoms. In relation to criminal trial the Constitution attaches special significance to creation of full-fledged and effective legislative mechanisms of ensuring protection of the supreme values of the state - the person, his life, the rights and freedoms (the normative resolution of May 29, 2024 No. 45-NP).

Therefore, the legislative mechanisms in criminal trial connected with measures of restraint shall provide constant and timely judicial control. They cannot leave the procedural "windows" allowing content of person under guards even for short term without judgment.

2. The fundamental right to personal liberty is the integral component of the constitutional state and is protected both by the Constitution, and the international legal acts recognized by the Republic of Kazakhstan.

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