Constitutional Court has made an important decision on the gambling business

Tengrinews.kz - The Constitutional Court has considered the appeal of a Kazakhstani to check the rule on limiting the right to judicial protection in case of non-payment of winnings in a bookmaker's office.
The bookmaker refused to pay a large win, canceling the bets and citing a violation of the rules of acceptance. In response, the player decided to challenge this decision and appealed to the Constitutional Court.
The basis for the check was Article 914 of the Civil Code. It states that disputes related to games or bets are not subject to judicial protection if the organizer complies with the rules of the games. The exception is the cases specified in Article 913.

"According to the subject of the appeal, such a restriction is contrary to the Constitution, limits his right to judicial protection in claims for the recovery of winnings and puts him in an unequal position in relation to the organizers of the gambling business. In December 2023, the applicant applied to the court to recover the winnings. The court of first instance terminated the proceedings, and the appellate court left the decision unchanged, citing Article 914 of the Code," the court said.

Based on the results of the inspection, the Constitutional Court indicated that relations arising from gambling and betting are not recognized as subject to legal protection, since their specificity lies in the absence of certain legally determined counter-obligations of the parties and the impossibility of their guaranteed fulfillment.

"This approach does not contradict the Constitution. In turn, the exclusion of judicial protection for those who win in gambling and betting organized by a licensed state entity of the gambling business contradicts the basic principles of the civil legislation of the Republic of Kazakhstan and provokes the failure of licensed gambling organizers to fulfill contractual obligations," the response says.

The Constitutional Court also noted that some provisions of Article 914 of the Civil Code in its current version are not formulated clearly enough, do not allow for their uniform understanding and application, and allow for the possibility of different interpretations.

"Based on the above, the Constitutional Court found Article 914 of the Civil Code to be unconstitutional in terms of the words "subject to the compliance by the organizer of the gambling business with the conditions for conducting gambling and (or) betting," and recommended that the government consider the issue of bringing the legislation of the Republic of Kazakhstan into line with this regulatory resolution in the established manner," the court concluded.

In December 2024, a Kazakhstani citizen appealed to the Constitutional Court due to the bookmaker's failure to pay out his winnings. According to the applicant, this provision violates the Constitution, as it limits the right to judicial protection. He believes that the failure to pay out his winnings deprives him of the right to a fair trial.
Earlier, it became known that casino for foreigners may appear in the Mangystau region. Citizens of Kazakhstan will be prohibited from entering.