Теlegram CС - https://t.me/consot_kz

The protection of the rights and legitimate interests of children occupies a special place in the activities of the Constitutional Court of the Republic of Kazakhstan. When considering cases involving family relations, child support obligations, adoption, issues related to determining a child's nationality, and other matters, the Constitutional Court consistently relies on the constitutional principle of ensuring the best interests of the child.

The legal positions formulated in the Constitutional Court’s normative resolutions and final decisions contribute to the improvement of legislation and law-enforcement practice, the elimination of legal uncertainty, and the strengthening of guarantees for the protection of children's rights. Despite the diversity of the legal relationships under consideration, they are united by a common approach: in regulating matters affecting the rights and legitimate interests of children, priority must be given to ensuring the well-being of the child and safeguarding his or her interests.

✅ In its Normative Resolution No. 18-NP dated June 1, 2023, the Constitutional Court found unlawful the requirement to undergo molecular genetic testing prior to applying to a court. The requirement was deemed inconsistent with the State’s obligation to ensure the best interests of the child and was subsequently abolished.

✅ In its Final Decision No. 46-NP dated June 28, 2024, the Constitutional Court identified legal uncertainty in the calculation of child support payments for individual entrepreneurs. The Court emphasized the need to take into account the payer’s actual income, since errors in determining the amount of child support directly affect the interests of the child. Following the decision, a mechanism for calculating child support based on both the income and expenses of an entrepreneur was established.

✅ In its Final Decision No. 49-NP dated July 23, 2024, the Constitutional Court declared unconstitutional a provision of the Code on Marriage (Matrimony) and Family concerning adoption. The Court noted that legislative mechanisms must be aimed at creating the most favorable conditions for a child’s upbringing and development within a family environment that meets the child’s interests and needs. The relevant legal provisions were subsequently brought into conformity with the Constitution.

✅ In its Final Decision No. 58-NP dated December 24, 2024, the Constitutional Court highlighted the need for more comprehensive regulation of child support recovery under multiple judicial acts. Subsequently, the Supreme Court introduced corresponding amendments to its normative resolution, thereby strengthening guarantees for the protection of the property interests of children.

✅ In its Normative Resolution No. 70-NP dated April 16, 2025, the Constitutional Court declared unconstitutional a provision of the Code on Marriage (Matrimony) and Family due to the absence of alternative mechanisms for determining and changing a child’s nationality in cases where the parents are unknown or their nationality cannot be established. The Court emphasized the need to take into account real-life situations affecting the rights and legitimate interests of children.

✅ In its Final Decision No. 80-NP dated May 18, 2026, the Constitutional Court stated that differences in the application of administrative detention to parents are determined not by gender, but by the degree of a parent’s actual involvement in ensuring continuous care for a child, and therefore do not constitute discrimination. The Court emphasized that the legislative category of “a child under fourteen years of age” reflects a child’s increased dependence on continuous care, upbringing, and attention.

The practice of the Constitutional Court of the Republic of Kazakhstan consistently confirms that the protection of the rights and legitimate interests of children is one of the priority areas of constitutional review. The legal positions formulated in the Court’s normative resolutions and final decisions contribute to the improvement of legislation, the elimination of legal uncertainty, and the strengthening of guarantees for the realization of children’s rights. The consistent incorporation of the Constitutional Court’s approaches into legislation and law-enforcement practice ensures more effective protection of children's rights and serves as an important condition for strengthening the principles of justice, humanism, and the rule of law.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/1231265?lang=ru