The Constitutional Court of the Republic of Kazakhstan has accepted for consideration a resonant appeal. This was reported by Qazaqyia.kz citing Kursiv Media.
The constitutional control body will check the norm of part one of Article 50 of the Criminal Code of the Republic of Kazakhstan for compliance with the country's Basic Law. This norm provides for lifelong deprivation of the right to hold certain positions or engage in certain activities.
The reason for the proceedings was an appeal from a citizen who pointed to the ambiguous practice of applying this article.
According to the applicant, a lifetime ban on a profession is acceptable for officials or persons who have committed corruption crimes (so-called special subjects). However, in practice, this strict measure is also applied to ordinary citizens who are not civil servants.
The appeal emphasizes that indefinite deprivation of the right to work in one's specialty:
- 01restricts a person's labor rights;
- 02limits the opportunity to participate in public life;
- 03hinders professional development.
The highest constitutional control body must give a legal assessment of how proportionate a life sentence is for persons without civil servant status and whether the current version of Article 50 of the Criminal Code of Kazakhstan violates the basic guarantees of human rights enshrined in the Constitution.
If the Constitutional Court recognizes the norm or the practice of its application as unconstitutional, legislators and courts of general jurisdiction will have to revise the mechanisms for imposing this type of punishment.
Powers of the Constitutional Court
The Constitutional Court is the highest body of constitutional control in Kazakhstan. It checks the compliance of laws and regulatory legal acts with the Constitution. The Court's decisions are final and not subject to appeal.
Essence of Article 50 of the Criminal Code
Article 50 of the Criminal Code of Kazakhstan regulates such a type of punishment as deprivation of the right to hold certain positions or engage in certain activities. This punishment can be applied both as a main and additional one. When imposed for life, it imposes significant restrictions on a person's professional activity.
Public Reaction
This problem is widely discussed in society. Many experts note that a lifetime ban is too harsh a measure and hinders the reintegration of a person into society. In addition, such punishment does not always correspond to the severity of the crime.
Next Steps
During the consideration of the case, the Constitutional Court will study the applicant's arguments, legislation, and international practice. The final decision of the Court may significantly affect the legal system of Kazakhstan.
If the norm is recognized as unconstitutional, this could affect the fate of thousands of people who are banned for life from engaging in a certain profession. It could also lead to a review of the practice of applying this punishment.
International Experience
In many countries of the world, a lifetime ban on a profession is rarely applied and only for the most serious crimes, for example, for corruption. In many jurisdictions, the term of such a ban is limited, which gives a person the opportunity to reform.
Conclusion
The consideration of this case by the Constitutional Court is an important event for the development of the legal system of Kazakhstan. The Court's decision could create an important precedent in terms of protecting human rights and freedoms. The outcome of the case will be in the spotlight of legislators and courts.