Apr 30, 2026
The
Constitutional Court considered the request of the President of the Republic of
Kazakhstan to review the constitutionality of the Constitutional Law “On the special legal regime of the city
of Alatau,” adopted by the Parliament of the Republic of Kazakhstan on March
27, 2026, and submitted to the Head of State for signature on March 31, 2026 (hereinafter
– the Constitutional Law).
The
Constitutional Court noted, that the Constitutional Law was adopted in
compliance with the procedures established by the Constitution at a joint
session of the Chambers of Parliament and within the scope of its competence.
The
provisions of the Constitutional Law define the goals, objectives, and
principles of the special legal regime of the city of Alatau, the system of
state administrative bodies, the procedure for their formation and their
powers, as well as the specifics of the legal regulation of certain types of
activities and transitional provisions.
The
Constitutional Court noted, that the overwhelming majority of the provisions of
the Constitutional Law are being implemented in stages, taking into account the
provisions of the Constitution, adopted by a republican referendum on March 15,
2026 (hereinafter – the new Constitution), which contains the legal
basis for the innovations provided for in the Constitutional Law.
The
constitutional review body particularly emphasized, that the provisions of the
new Constitution, enshrining the protection of Sovereignty and Independence,
respect for human and civil rights and freedoms, ensuring the rule of law and
order, enhancing the well-being of the people as fundamental principles of the
Republic of Kazakhstan’s activities, the development of human capital,
education, science, and innovation as strategic directions of state activity,
as well as the possibility of establishing a special legal regime for a “city
of accelerated development,” constitute the foundation of the Constitutional
Law. These constitutional provisions must be strictly observed in the adoption
and implementation of normative legal acts by the Alatau City Administration
and its bodies.
It
was separately noted, that the transitional provisions of the Constitutional
Law, which are being implemented in the first stage and concern previously
concluded investment agreements, contracts, and issued subsoil use licenses,
are aimed at ensuring legal certainty and stability of the relevant legal
relationships and do not contradict the current Constitution.
Following
its review, the Constitutional Court ruled that the Constitutional Law is
consistent with the Constitution of the Republic of Kazakhstan.
Source link: https://www.gov.kz/memleket/entities/ksrk/documents/details/1005762?lang=ru