Теlegram CС - https://t.me/consot_kz  

The Constitutional Court received a citizen's appeal to check the constitutionality of paragraph 1 of Article 1072-2 of the Civil Code of the Republic of Kazakhstan (Special Part).

The applicant appealed to the court with a claim to restore the term for acceptance of inheritance, as well as to recognize invalid the certificate of right to inheritance and gift agreements. He indicated that he did not know about the existence of the property left after his father's death and, accordingly, could not accept the inheritance within the time limit established by law.

The citizen appealed to the courts of general jurisdiction, following consideration of which the claim was finally dismissed.

The applicant considers that the rule of Article 1072-2 § 1 of the Civil Code applied by the courts violates his constitutional rights.

The Constitutional Court noted the following. The contested norm is not related to the recognition of different forms of ownership or their protection, as provided for by Article 6(1) of the Constitution. The norm applies to all heirs equally, regardless of any circumstances, which does not violate the requirements of Article 14 of the Constitution on equality and non-discrimination. Also, the contested norm is not connected with deprivation of property, except by court decision, as established by Article 26, paragraph 3 of the Constitution.

The right to inheritance presupposes compliance with the conditions established by law, including the time limits for accepting inheritance. These time limits are aimed at protecting the rights of other heirs, the safety of property and the stability of civil turnover. The Constitutional Court emphasized that the law allows the possibility of restoring the time limit for accepting inheritance for valid reasons, if the heir applies to the court within six months after the reasons for the omission have been eliminated (Article 1072-3 of the Civil Code). Consequently, the contested norm is not an obstacle to the realization of the right to inheritance.

The Constitutional Court concluded that Article 1072-2(1) of the Civil Code did not affect the constitutional rights and freedoms referred to in the appeal. It is not within the competence of the Constitutional Court to assess court decisions and the grounds for restoring the term of acceptance of inheritance.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/1015978?lang=kk