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The Constitutional Court received a petition requesting a review of the constitutionality of Part 2 of Article 102 and subparagraph 11) of Part 2 of Article 138 of the Administrative Procedure and Process Code. These provisions establish the jurisdiction over administrative cases and provide grounds for the court to return a statement of claim.

The first-instance court returned the claimant’s statement of claim against a state institution. The appellate and cassation courts upheld this decision.

The claimant believes that the return of the claim based on the aforementioned provisions deprived him of the right to judicial protection, as the courts failed to indicate in their rulings which court he should turn to in order to protect his rights and freedoms.

The Constitutional Court drew the claimant’s attention to the fact that his claims could be pursued by filing a lawsuit in a court seeking enforcement or the performance of an action in accordance with Articles 133 and 134 of the Code.

Following a preliminary review, the Constitutional Court found the applicant’s arguments insufficient to warrant a constitutional review of the contested provisions.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/974193?lang=kk