Overview of Key Changes in Kazakhstan Procedural Legislation

Yekaterina Khamidullina
 Partner, Head of AEQUITAS AIFC branch

Dinmukhamet Nurakhmet

Associate

Bauyrzhan Tazhigul

Paralegal

AEQUITAS Law Firm

On 17 December 2025, the Kazakhstan Law No. 241‑VIII ZRK «On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Administrative Justice, Rulemaking and the Organisation of Legal Assistance» (the «Law») was adopted.

The Law introduced amendments and additions to the Kazakhstan Administrative Procedural Code and the Civil Procedure Code. The adopted amendments are comprehensive in nature and affect key elements of procedural regulation. In particular, they address the procedure for challenging subordinate regulatory legal acts, cassation review mechanisms, procedural time limits, forms of hearings, rules on staying the enforcement of administrative acts, requirements for the content of administrative acts, the rights of participants in administrative procedure, and measures of procedural compulsion.

This article reviews the key changes introduced by the Law.

Transfer of Disputes Involving Challenging of Subordinate Regulatory Legal Acts to Administrative Proceedings

As part of ongoing administrative reform of legislation, public law categories of cases previously considered during special action proceedings under the Civil Procedure Code were transferred to the sphere of regulation of the Administrative Procedure Code.  As a result, cases involving challenging of regulatory legal acts must be considered under the procedure for administrative legal proceedings.  This novelty is intended to gather public law disputes in the system of administrative proceedings and contribute to the reduction of the load on the Constitutional Court.  An independent type of administrative claims challenging the legality of a subordinate regulatory legal act (its provisions) was introduced within the Administrative Procedure Code.  The term for filing claims is 3 months from the date when a person became aware of a violation and/or potential violation of their rights, freedoms and legitimate interests guaranteed by the Constitution and laws of Kazakhstan by such act.

In case of satisfying claims, the relevant act is recognised as inoperative in full or in a certain part from the moment of adoption.  Filing of a claim does not suspend a regulatory legal act, except for the cases where a prosecutor applies to court for recognition of a protested subordinate regulatory legal act (its provisions) as illegal before consideration by the court.  Legality of a subordinate regulatory legal act may be challenged by other persons only to the extent not previously verified in court.

Exceptional Cassation Reconsideration

The amendments significantly expanded the cassation control instruments and introduced a mechanism allowing to reconsider judicial acts, which have already entered into legal force, without undergoing the appellate stage.

The cassation reconsideration was previously possible only after filing an appeal and considering a case in the appellate instance.

According to the amendments, if failing to comply with the appellate procedure for appeals against judicial acts, it is allowed to reconsider them upon a protest of the Kazakhstan Prosecutor General and based on an application from the process participants subject to the presence of certain grounds.  This mechanism applies to the cases specified in Article 31 of the Administrative Procedure Code.

The grounds for reconsideration are of a public nature and relate to:

• severe irreversible consequences for the life and health of people, the economy, and national security;
• protection of rights of an indefinite range of persons or other public interests; and
• necessity to ensure uniform judicial practice.

Terms for Appeals in Cassation

The amendments reconsidered the moment the 6-month term for filing cassation appeals starts running.  From now on, it must be calculated from the date a judicial act of the appellate instance enters into legal force, i.e. from the date it is declared.  Previously, this term started running from the moment of serving a judicial act in its final form.

Suspension of Execution of an Administrative Act

The lawmaker clarified the rules of suspending the execution of an administrative act.  The lawmaker preserved the general provision that the filing of an appeal suspends the execution.

At the same time, the amendments strengthen requirements for the application of exceptions from this rule.  If an authority decides not to apply suspension to protect the rights of citizens, state or other public interests, such a decision must be specifically and reasonably reflected in the text of an administrative act.  Absence of substantiation may result in recognition of the act as illegal.

If Persons Who Did Not Participate in Administrative Procedure Apply to Court

The law-maker changed the approach to the terms for filing judicial appeals by persons who did not participate in an administrative procedure, but whose legitimate rights, freedoms and legitimate interests are affected by an administrative act.  A one-year preclusive term was excluded.  From now on, such persons may apply to court within 1 month of the moment they became or should have become aware of adoption of the administrative act.

Procedure for Imposing Money Sanctions

The Law significantly changed the procedure for appealing against and executing a money sanction as a measure of procedural compulsion. An appeal did not previously suspend execution, and a specific appeal was allowed only after actual payment of the amount of the sanction.

From now on, there is a different approach: a specific appeal may be filed within 10 business days of the date of serving a court ruling, and filing of an appeal automatically suspends execution of a sanction until the appeal is considered on the merits. No preliminary payment is required now.

Opportunities of a person who has been imposed with a sanction also changed. Previously, it was possible to apply for exemption from or reduction of payment. No full exemption is possible now; however, it is possible to apply for a reduction of the amount of the sanction, extension of the term or payment by instalments within 10 business days. The court may provide for extension of the term/payment by instalments for up to 2 months.

Requirements for the Content of an Administrative Act and Procedural Guarantees of Participants

The amendments strengthen the standards of executing administrative acts and, at the same time, expand the instruments allowing to protect the rights of participants of an administrative procedure.

First, now an administrative authority must specify the precise procedure for filing appeals in the text of an act, as well as the name of a superior authority, which will consider the appeal.  No such requirement was in effect before.  If there is no such information, the term for appeals is automatically extended for up to 6 months.  Thus, the lawmaker shifts the risk of uncertainty to the authority violating the rules of executing acts.

Second, the amendments significantly expanded the right of participants to access the case materials.  It was previously possible to review the materials only after the administrative case was closed.  From now on, access is granted during consideration.  In case of receiving an application, the authority must ensure the possibility to review the documents, make copies and prepare excerpts within 3 business days.

Third, now the forms of hearing to a participant are clearly distinguished.  The administrative procedure participant may file or express an objection against a preliminary resolution in an administrative case not later than 2 business days after receiving it.  In this case, no minutes are kept.  Oral form is organised only upon a participant’s application, which must be submitted not later than 2 business days after the date of receiving a preliminary resolution, and must be accompanied by the minutes.

Taken together, the changes introduced by the Law are related to the development of administrative justice, strengthening of procedural guarantees (expanding access to materials, suspension of execution upon appeal), improving the quality of law enforcement and formalising the requirements for administrative acts.

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