Court Says Almaty Unlawfully Blocked Gas-Powered Cars From Shymbulak Road

Kazakhstan’s Constitutional Court has ruled that transport restrictions near the Shymbulak mountain resort were unconstitutional, Orda.kz reports.

The case was brought by a woman who lives in the Tuyuksu tract, located within Ile-Alatau National Park. She can reach her home through the Shymbulak tract along the Medeu–Shymbulak road, but access is difficult because there is no asphalt road in Tuyuksu.

According to the applicant, an Almaty akimat resolution restricting vehicle access to Shymbulak and allowing only electric cars to enter violated her right to access her home and her freedom of movement. She argued that the authorities had failed to consider what types of transport could realistically be used in the area.

The Constitutional Court reviewed the relevant paragraph of the resolution. It noted that the state has the right to protect specially protected natural areas and introduce restrictions for that purpose. However, such measures must be established strictly by law, within the powers of state bodies, and in line with the Constitution.

The court concluded that the Almaty akimat had exceeded its authority. Under the Environmental Code, such restrictions should be set by the maslikhat.

At the same time, the court emphasized that even transport restrictions introduced to protect nature must not violate people’s rights or create excessive hardship.

As a result, paragraph 1 of the Almaty akimat’s April 8, 2016, resolution No. 2/122 was declared unconstitutional.

Original author: Oksana Matviyenko

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