According to the press service of the Constitutional Court, they received a request to review the compliance of paragraph 2 of Article 14 of the law "On Population Migration" with the Constitution.
"Under this provision, national security agencies are not required to explain the reasons for refusing to approve the issuance of residence permits to foreigners and stateless persons for permanent residence in Kazakhstan. The author of the request believes that such wording allows national security agencies to act arbitrarily. He argues that granting such discretion to the authorized body by the legislator infringes on the rights to information and judicial protection," the statement indicates.
The Constitutional Court, upon reviewing the request, referred to Article 39 of the Constitution, which states that the rights and freedoms of individuals may only be restricted by law and only to the extent necessary to protect the constitutional order, maintain public order, and safeguard the rights and freedoms of individuals, as well as the health and morals of the population. This provision does not limit the right of every individual to judicial protection of their rights and freedoms.
The Constitutional Court emphasized that it exclusively addresses legal issues and does not assess the factual circumstances that prompted the request. The author of the request exercised his right to judicial protection.
"The Constitutional Court concluded that there are no permissible conditions or subjects for reviewing the constitutionality of the specified legal provision," the press release states.