Kazakhstan's Constitutional Court has reviewed a citizen's complaint challenging the legality of certain provisions of the Law "On Rehabilitation and Bankruptcy" that regulate the timelines for bankruptcy proceedings and the completion of liquidation of a bankrupt, infohub.kz reports.
According to the court's press service, the complainant believed that the contested provisions allow bankruptcy proceedings to continue after the statutory five-year deadline, thereby violating his constitutional rights.
"The complainant believed that the contested provisions allow bankruptcy proceedings to continue after the statutory five-year deadline, violating his constitutional rights," the statement said.
The Constitutional Court found that paragraph 1 of Article 84 of the law was not applied by the courts in the complainant's case. "Meanwhile, a necessary condition for the admissibility of a citizen's complaint for constitutional review is the application of the contested norm by a court in a specific case directly affecting the complainant's rights and freedoms. Regarding paragraph 1 of Article 112 of the Law, the complainant has not provided sufficient legal justification for its inconsistency with the Constitution," the court clarified.
Due to the absence of the statutory conditions for admissibility, the complaint was not accepted for constitutional proceedings.