In brief
As the next step in improving the judicial system of the Republic of Kazakhstan, Constitutional Law No. 109-VIII was adopted on July 5, 2024, titled "On amendments and additions to certain constitutional laws of the Republic of Kazakhstan."1 This law provides for the establishment of separate cassation courts.
Following this, on November 21, 2024, amendments were made to the Criminal Procedure Code, Civil Procedure Code, Administrative Procedure Code, and several other laws addressing the issue on the establishment and procedures of cassation courts.2 Most changes will come into effect on July 1, 2025.
Key changes
As a result of these laws, the procedure for court cases will change as follows:
- Three cassation courts for criminal, civil, and administrative cases will be established in Astana to review cassation appeals on all judicial acts of lower courts.
- The preliminary review of cassation appeals by a single judge will be discontinued. Henceforth, all cassation appeals will be assessed on their merits by a panel comprising at least three judges.
- The time limits for cassation court review of criminal and civil cases, similar to administrative cases, will be extended to six months.
- Effective July 1, 2027, there will be no limitations on cassation appeals for minor civil and criminal cases.
- The Supreme Court retains the authority to review judicial decisions upon the submission of a judge of the Supreme Court or the protest of the Prosecutor General under the following exceptional circumstances:
- If the court decisions may result in severe irreversible consequences for the life, health of individuals, or the economy and national security of the Republic of Kazakhstan;
- If the court decisions infringe upon the rights, freedoms, and legitimate interests of an indefinite number of persons or other public interests; and
- If the court decisions compromise the uniformity in the interpretation and application of legal norms by the courts.
- In administrative litigation against government entities, plaintiffs are afforded the option to select the court of first instance (extraterritorial jurisdiction).
- Court decisions in administrative cases will become legally binding after appellate review, with the period for cassation appeals extended to six months.
Our Recommendations
The establishment of cassation courts and the option for cassation review of all case categories will give parties an additional tool to appeal judicial decisions.
However, this will also result in an increased workload for judges of cassation courts, which may negatively impact the timelines for addressing cassation appeals. It is probable that the consideration of these appeals will exceed the established six-month period.
We advise you to consult with your legal counsel to discuss potential actions for current or forthcoming litigation. It may be necessary to conclude the proceedings before the commencement of the activities of cassation courts or to consider filing a cassation appeal after their operations begin (after 1 July 2025), provided that procedural deadlines permit this.
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For more detailed information or to discuss what these changes may mean for you, please contact your representative at Baker McKenzie.
1 Constitutional Law of the Republic of Kazakhstan dated July 5, 2024 No. 109-VIII "On amendments and additions to certain constitutional laws of the Republic of Kazakhstan".
2 The Law of the Republic of Kazakhstan dated November, 21 No. 136-VIII "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Reforming the Judicial System and Improving Procedural Legislation".
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Gaukhar Myrzabayeva, Paralegal, contributed to this legal update.
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