A little over a year ago, the Constitutional Court began working in Kazakhstan, whose task is to ensure the supremacy of the country's basic law. During this time, the COP received about 6 thousand appeals from Kazakhstanis. Kazinform correspondent talked with the Chairman of the Constitutional Court Elvira Azimova and found out what changes have occurred in Kazakhstan since the beginning of the work of the Constitutional Court, what skills are needed for the judge of the Constitutional Court, as well as how the decisions of this court are executed. During the conversation, the head of the Constitutional Court also shared the motives for her entry into a judicial career and described how she manages to find a balance between her personal life and professional activities.
- Elvira Abilkhasimovna, what motives and circumstances led you to decide to become a judge?
- The position of a judge of the Constitutional Court is electable. Therefore, first of all, we are talking about the trust of those who elect you and your personal willingness to take responsibility. It is impossible to single out a certain moment or event as the beginning of my path to becoming a judge. Each stage of professional life and personal development contributes to the accumulation of experience and knowledge, which, in turn, become decisive for decision-making.
I like working with people, helping them. However, there are different ways to help people. At some point, many lawyers are faced with a choice: to continue private legal practice, for example, as a lawyer or a private lawyer, or to choose a public field of activity in which you can be directly involved or be at the helm of developing systemic legal solutions. At first glance, choosing the second one is a long way to achieve the final result, but it is a great opportunity to fully use your potential and develop.
Effective system solutions have the prospect of becoming a daily practice, since they are focused on the development of society and for the benefit of a large circle of people and the country. A large-scale solution allows you to radically change the situation for the better.
- What professional skills and personal qualities do you consider the most important for the successful performance of the duties of a judge?
- The requirements for candidates and judges of the Constitutional Court, the procedure for their appointment are fixed in the Constitutional Law "On the Constitutional Court of the Republic of Kazakhstan". A citizen of the Republic of Kazakhstan who is at least 40 years old, has a higher legal education, high qualifications in the field of law, an impeccable reputation and work experience in the legal profession for at least 15 years can become a judge of the Constitutional Court.
In addition to professional qualities, human aspects are of key importance, namely an impeccable reputation. Everyone who works as a judge in the justice system is obliged to think in the spirit of the Constitution and laws, to have a pronounced sense of legitimate justice, empathy and tolerance. Human qualities such as the ability to hear sides, to maintain prudence, to be impartial and objective are important.
- In your professional career, there was a significant transition from the position of Commissioner for Human Rights to the leadership of the Constitutional Court of Kazakhstan. Can you share if you have encountered any particular difficulties related to your gender in these positions and how you have dealt with them?
- Probably the only difference is that now, in the Constitutional Court, the level of personal responsibility for decision-making is an order of magnitude higher. When you come to a new position, distrust initially accompanies you; it seems that you should make more efforts to overcome them. However, this is not the case.
There are separate constitutional courts in 65 countries, and the proportion of women heading these bodies is 17% (11 out of 65). In this regard, I would like to note that professional skills should not have a gender framework.
As for me personally, no matter where I work, I have never encountered career barriers due to the fact that I am a woman. It is important to always focus on your professional tasks, not be afraid of responsibility, be guided by knowledge, experience and critical thinking. No matter what position a person holds, be it a woman or a man, he should not be afraid to make responsible decisions, he should always study the issues on the agenda more deeply, promote constructive solutions. Tough defending of a position and lack of feedback, as a rule, reduce opportunities for better and reasonable changes. It is always necessary to maintain a balance between confidence in your knowledge and the need of others for your knowledge, to develop your skills in order to be competitive.
- What are the key duties and roles that you perform as Chairman of the Constitutional Court? How does your job differ from an ordinary judge?
- To begin with, the Constitutional Court is not part of any branch of government, including the judicial system, and is not the highest judicial instance. The Constitutional Court is the highest body of constitutional control in the country, which ensures the supremacy of the Constitution in the legal field. Citizens can contact us when, in their opinion, their constitutional rights have been violated or may be violated by law or other legal acts.
The Constitutional Court is a collegial body, there are 11 judges. We make all decisions through voting. The Constitutional Court works exclusively with laws and other normative legal acts (NPA), checking them for compliance with the Constitution — the basic law of the country. The Constitutional Court does not judge people, does not review or overturn decisions of other courts. This is the key feature.
The decisions of the courts of general jurisdiction have a direct impact on a particular person and case; they make decisions on a specific dispute or conflict. Whereas the decisions of the Constitutional Court have a multiplier effect, since they determine the compliance of legislation with the basic principles of the Constitution. The decisions of the Constitutional Court conceptually affect the legislation and legal policy of the country. The main task of the Constitutional Court is to ensure the supremacy of the Constitution throughout the territory of the Republic of Kazakhstan.
The Constitutional Court is independent and independent of citizens, organizations, government agencies, and officials; objectivity and impartiality are at the heart of all decision—making. Laws must be reasonable and balanced, and morally meet the public interest. Therefore, it is internationally recognized that constitutional courts are an important element in the system of checks and balances in the relationship between the state and society.
- How many appeals from citizens of Kazakhstan are currently under consideration in the Constitutional Court and which issues are the most frequent subjects of complaints?
- Thanks to the constitutional amendments supported by Kazakhstanis at the republican referendum on June 5, 2022, citizens have the right to apply to the Constitutional Court to check laws and other regulatory legal acts (NPA) for compliance with the Constitution. I always say that one citizen applies to the Constitutional Court in connection with a violation of personal rights, but in essence he protects the constitutional rights of his fellow citizens. The protection of human and civil rights is the main purpose of the laws and the main task of the State.
Last year, more than 5,000 citizens contacted us, and in the first two months of 2024, over 600 applications were received. On the one hand, these figures confirm that it remains fundamentally important for our people to achieve protection of their rights not only in an ordinary court or a state body. On the other hand, such a situation requires the preservation of the diversity and effectiveness of legal protection instruments and the right to choose them for a citizen, which favorably affects the level of public confidence in state power, the justice system and the laws.
Last year, out of the total number of appeals, almost 40% concerned disagreement with court decisions, which is not the subject of consideration by our department. In most cases, citizens raised questions about the revision of judicial acts, the assessment of the actions of specific officials and judges, access to justice, the composition of certain crimes and conditions of criminal punishment, the proportionality of restrictions and social guarantees in public service, respect for civil rights in urban planning, in the framework of labor disputes and criminal prosecution, etc. Despite the fact that I have listed only some of the issues that citizens have raised in their appeals, there is practically no area of law in respect of which citizens cannot apply to the Constitutional Court.
Only in 26% of the appeals received, citizens asked to check the constitutionality of laws and other regulatory legal acts. Nevertheless, all citizens to whom their appeals were returned due to non-compliance with the criteria for the admissibility of the constitutional review were given explanations of the reasons for the return, while retaining the right to reapply after the shortcomings were eliminated.
- How is the effective execution of the decisions of the Constitutional Court ensured?
- Last year, the Constitutional Court reviewed 558 norms of national legislation. Based on the results of the audit, we made 39 final decisions and recommended amendments to 24 regulatory legal acts. The decisions of the Constitutional Court are a normative legal act, binding, valid throughout the territory of Kazakhstan and not subject to appeal.
The vast majority of the recommendations formulated are aimed at revising the norms of the Criminal Procedure and Tax Codes, as well as individual laws. So far, the Government and the authorized bodies have implemented about 16% of the recommendations. The staff of the Constitutional Court constantly monitors the implementation of the recommendations made, aimed at respecting the constitutional rights of everyone and fulfilling basic guarantees.
- In your opinion, what changes have occurred in Kazakhstan since the beginning of the work of the Constitutional Court?
- Elvira Abilkhasimovna, what motives and circumstances led you to decide to become a judge?
- The position of a judge of the Constitutional Court is electable. Therefore, first of all, we are talking about the trust of those who elect you and your personal willingness to take responsibility. It is impossible to single out a certain moment or event as the beginning of my path to becoming a judge. Each stage of professional life and personal development contributes to the accumulation of experience and knowledge, which, in turn, become decisive for decision-making.
I like working with people, helping them. However, there are different ways to help people. At some point, many lawyers are faced with a choice: to continue private legal practice, for example, as a lawyer or a private lawyer, or to choose a public field of activity in which you can be directly involved or be at the helm of developing systemic legal solutions. At first glance, choosing the second one is a long way to achieve the final result, but it is a great opportunity to fully use your potential and develop.
Effective system solutions have the prospect of becoming a daily practice, since they are focused on the development of society and for the benefit of a large circle of people and the country. A large-scale solution allows you to radically change the situation for the better.
- What professional skills and personal qualities do you consider the most important for the successful performance of the duties of a judge?
- The requirements for candidates and judges of the Constitutional Court, the procedure for their appointment are fixed in the Constitutional Law "On the Constitutional Court of the Republic of Kazakhstan". A citizen of the Republic of Kazakhstan who is at least 40 years old, has a higher legal education, high qualifications in the field of law, an impeccable reputation and work experience in the legal profession for at least 15 years can become a judge of the Constitutional Court.
In addition to professional qualities, human aspects are of key importance, namely an impeccable reputation. Everyone who works as a judge in the justice system is obliged to think in the spirit of the Constitution and laws, to have a pronounced sense of legitimate justice, empathy and tolerance. Human qualities such as the ability to hear sides, to maintain prudence, to be impartial and objective are important.
- In your professional career, there was a significant transition from the position of Commissioner for Human Rights to the leadership of the Constitutional Court of Kazakhstan. Can you share if you have encountered any particular difficulties related to your gender in these positions and how you have dealt with them?
- Probably the only difference is that now, in the Constitutional Court, the level of personal responsibility for decision-making is an order of magnitude higher. When you come to a new position, distrust initially accompanies you; it seems that you should make more efforts to overcome them. However, this is not the case.
There are separate constitutional courts in 65 countries, and the proportion of women heading these bodies is 17% (11 out of 65). In this regard, I would like to note that professional skills should not have a gender framework.
As for me personally, no matter where I work, I have never encountered career barriers due to the fact that I am a woman. It is important to always focus on your professional tasks, not be afraid of responsibility, be guided by knowledge, experience and critical thinking. No matter what position a person holds, be it a woman or a man, he should not be afraid to make responsible decisions, he should always study the issues on the agenda more deeply, promote constructive solutions. Tough defending of a position and lack of feedback, as a rule, reduce opportunities for better and reasonable changes. It is always necessary to maintain a balance between confidence in your knowledge and the need of others for your knowledge, to develop your skills in order to be competitive.
- What are the key duties and roles that you perform as Chairman of the Constitutional Court? How does your job differ from an ordinary judge?
- To begin with, the Constitutional Court is not part of any branch of government, including the judicial system, and is not the highest judicial instance. The Constitutional Court is the highest body of constitutional control in the country, which ensures the supremacy of the Constitution in the legal field. Citizens can contact us when, in their opinion, their constitutional rights have been violated or may be violated by law or other legal acts.
The Constitutional Court is a collegial body, there are 11 judges. We make all decisions through voting. The Constitutional Court works exclusively with laws and other normative legal acts (NPA), checking them for compliance with the Constitution — the basic law of the country. The Constitutional Court does not judge people, does not review or overturn decisions of other courts. This is the key feature.
The decisions of the courts of general jurisdiction have a direct impact on a particular person and case; they make decisions on a specific dispute or conflict. Whereas the decisions of the Constitutional Court have a multiplier effect, since they determine the compliance of legislation with the basic principles of the Constitution. The decisions of the Constitutional Court conceptually affect the legislation and legal policy of the country. The main task of the Constitutional Court is to ensure the supremacy of the Constitution throughout the territory of the Republic of Kazakhstan.
The Constitutional Court is independent and independent of citizens, organizations, government agencies, and officials; objectivity and impartiality are at the heart of all decision—making. Laws must be reasonable and balanced, and morally meet the public interest. Therefore, it is internationally recognized that constitutional courts are an important element in the system of checks and balances in the relationship between the state and society.
- How many appeals from citizens of Kazakhstan are currently under consideration in the Constitutional Court and which issues are the most frequent subjects of complaints?
- Thanks to the constitutional amendments supported by Kazakhstanis at the republican referendum on June 5, 2022, citizens have the right to apply to the Constitutional Court to check laws and other regulatory legal acts (NPA) for compliance with the Constitution. I always say that one citizen applies to the Constitutional Court in connection with a violation of personal rights, but in essence he protects the constitutional rights of his fellow citizens. The protection of human and civil rights is the main purpose of the laws and the main task of the State.
Last year, more than 5,000 citizens contacted us, and in the first two months of 2024, over 600 applications were received. On the one hand, these figures confirm that it remains fundamentally important for our people to achieve protection of their rights not only in an ordinary court or a state body. On the other hand, such a situation requires the preservation of the diversity and effectiveness of legal protection instruments and the right to choose them for a citizen, which favorably affects the level of public confidence in state power, the justice system and the laws.
Last year, out of the total number of appeals, almost 40% concerned disagreement with court decisions, which is not the subject of consideration by our department. In most cases, citizens raised questions about the revision of judicial acts, the assessment of the actions of specific officials and judges, access to justice, the composition of certain crimes and conditions of criminal punishment, the proportionality of restrictions and social guarantees in public service, respect for civil rights in urban planning, in the framework of labor disputes and criminal prosecution, etc. Despite the fact that I have listed only some of the issues that citizens have raised in their appeals, there is practically no area of law in respect of which citizens cannot apply to the Constitutional Court.
Only in 26% of the appeals received, citizens asked to check the constitutionality of laws and other regulatory legal acts. Nevertheless, all citizens to whom their appeals were returned due to non-compliance with the criteria for the admissibility of the constitutional review were given explanations of the reasons for the return, while retaining the right to reapply after the shortcomings were eliminated.
- How is the effective execution of the decisions of the Constitutional Court ensured?
- Last year, the Constitutional Court reviewed 558 norms of national legislation. Based on the results of the audit, we made 39 final decisions and recommended amendments to 24 regulatory legal acts. The decisions of the Constitutional Court are a normative legal act, binding, valid throughout the territory of Kazakhstan and not subject to appeal.
The vast majority of the recommendations formulated are aimed at revising the norms of the Criminal Procedure and Tax Codes, as well as individual laws. So far, the Government and the authorized bodies have implemented about 16% of the recommendations. The staff of the Constitutional Court constantly monitors the implementation of the recommendations made, aimed at respecting the constitutional rights of everyone and fulfilling basic guarantees.
- In your opinion, what changes have occurred in Kazakhstan since the beginning of the work of the Constitutional Court?