The Constitutional Court has provided an interpretation regarding the obligation of the prosecutor to sanction the decisions of judicial bailiffs on the enforcement of property seizures without a court ruling.
The case stemmed from amendments to the Civil Procedure Code and the Law "On Enforcement Proceedings," which imposed the duty on prosecutors to authorize the decisions of judicial bailiffs on enforcement actions. This raised concerns about the potential deprivation of individuals' property without a court order, contradicting constitutional provisions.
The Prosecutor General sought clarification from the Constitutional Court on whether the constitutional norms explicitly prohibit property seizure without a court decision. The Court emphasized that property deprivation should only occur based on a court ruling or other legal means with subsequent judicial oversight.
The Constitution guarantees citizens' property rights, stating that property deprivation should only occur through a court decision or as provided by law. The Prosecutor's role is to supervise property deprivation within legal boundaries, ensuring the protection of legitimate interests of other property owners.
The Court's decision underscores the special protection of housing rights in Kazakhstan, emphasizing the exclusive judicial protection of housing rights. Any deprivation of housing must be authorized by a court decision, especially when it involves the sole residence of an individual, taking into account the rights of family members, including minors.
Furthermore, the Constitutional Court recommended the government, Supreme Court, Prosecutor General's Office, and other relevant authorities to enhance legal regulations on property deprivation, specify the competencies of courts and prosecutors, strengthen legal protection of housing rights, particularly for minors facing housing deprivation.
The normative resolution, effective from April 19, 2024, is binding nationwide and not subject to appeal, marking a significant step towards safeguarding citizens' housing rights and ensuring judicial oversight in property seizure cases.
