CASE BRIEF
Case name.
The decision of the Kazakhstan Constitutional Council, from 10th of June 2003, concerning conformity of the Land Code with Constitution of the Kazakhstan.
Summary of key facts.
Fundamental provisions from Constitution are:
1) general bases and principles: “The sovereignty of the Republic extends to its whole territory. The state ensures the integrity, inviolability and inalienability of its territory” (Article 2, paragraph 2); The provisions of the Constitution have the highest juridical force and are the functioning law in the Kazakhstan. (Article 4, p.1 & 2); “The merging of public and state institutions and the formation of political party organizations in state bodies, financing of public associations by the state shall not be permitted” (Article 5, p1 & 2); “The land and underground resources shall be owned by the state. The land may also be privately owned on terms, conditions and within the limits established by legislation” (Article 6).
2) Rules governing constitutional rights and freedoms of citizens: “Human rights and freedoms define the contents and implementation of laws and other regulatory legal acts. Exercise of a citizen's human rights and freedoms must not violate rights and freedoms of other persons” (Article 12, p 2 & 5); “Everyone shall have the right to judicial defense of his rights and freedoms” (Article 13, p 2); “Everyone shall be equal before the law and court” (Article 14); Property, including the right of inheritance, shall be guaranteed by law. No one may be deprived of his property unless otherwise stipulated by a court decision. Everyone shall have the right to freedom of entrepreneurial activity” (Article 26, p 2, 3, 4); “The state shall set an objective to protect the e ...