The Republic of Kazakhstan Implements New Judicial System Model

The president of the Republic of Kazakhstan signed several amendments to the Constitutional Law of the Republic of Kazakhstan titled On the Judicial System and the Status of Judges of the Republic of Kazakhstan, which will enter into force on 1 July 2025 and are expected to significantly change the role of the Supreme Court of the Republic of Kazakhstan within the nation’s judicial framework.

At present, the Supreme Court of the Republic of Kazakhstan (the Supreme Court) is the highest judicial body for civil, criminal, and other cases falling under the jurisdiction of Kazakhstan state courts. It also performs the functions of a cassation instance in relation to such cases.

According to the amendments to the Constitutional Law of the Republic of Kazakhstan titled On the Judicial System and the Status of Judges of the Republic of Kazakhstan (the Amendments), the Supreme Court will no longer be a cassation instance, with special courts of cassation with the status of interregional courts in development. The changes envisage creation of three courts of cassation in the capital city of Astana for criminal, civil, and administrative cases.

Courts of Cassation: Powers, Composition, Judge Requirements

In accordance with the Amendments, courts of cassation are to be formed, reorganized, renamed, and abolished by the President of the Republic of Kazakhstan in accordance with the recommendation of the Chairman of the Supreme Court and with the approval of the Supreme Judicial Council.

The court of cassation consists of a chairman and judges. The number of judges is to be approved by the President of the Republic of Kazakhstan based on the recommendation of the Chairman of the Supreme Court upon agreement with the Supreme Judicial Council.

The court of cassation

• considers cases and materials;
• examines judicial practice and verifies that lower courts comply with the law in administering justice;
• exercises other powers provided for by law.

Cassation cases will be submitted directly to the panel consisting of three judges of the cassation court, without any preliminary consideration. The term for consideration of cases by the court of cassation may not exceed six months.

A Kazakhstan citizen with at least 18 years of experience in the legal profession or at least eight years of experience as a judge, including at least three years of experience as a judge of a regional court, can be appointed as a judge to the court of cassation. Candidates for the position of chairman of a cassation court can be elected from the cassation court judges or a judge with at least 10 years of experience, including at least five years as a regional court judge.

How the Supreme Court’s Role Will Change in the Kazakhstan Judicial System

The creation of courts of cassation changes the role of the Supreme Court, which will now focus on ensuring the uniformity of judicial practice. The number of judges of the Supreme Court is to be reduced from 65 to 35.

Revisions to judicial acts (decisions made by lower courts) by the Supreme Court will only be allowed in exceptional cases, based on the recommendation of a Supreme Court judge in the following circumstances:

• If such judicial acts have been issued by local courts and courts of cassation in contravention of the judicial practice
• If such judicial acts need to be revised in the interests of law evolution

Additionally, the revision of judicial acts upon recommendation of the chairman of the Supreme Court is no longer available.

Other Amendments

A new mechanism will be introduced for examination by judicial jury of materials in relation to a judge who has committed a gross violation of law during consideration of cases. The materials will be sent to the judicial jury directly, without holding plenary sessions of the Supreme Court and regional courts. The composition of the judicial jury will be expanded.

Conclusion

The above amendments are aimed at improving both the efficiency of lower-level courts and the judicial procedure in the Republic of Kazakhstan.