On 29 June 2020, the Parliament of the Republic of Kazakhstan adopted the Administrative Procedures and Process Code of the Republic of Kazakhstan (“APPC”). This legislative act enters into force on 1 July 2021.
The APPC is aimed at protecting the rights of individuals and legal entities in public-law disputes with state authorities. Below, we outline what we consider to be the key innovations of the APPC concerning judicial proceedings.
1. Active Role of the Court*
According to Article 16 of the APPC, administrative judicial proceedings are conducted on the basis of the court’s active role.
The court’s active role includes collecting additional materials and evidence. This represents a significant innovation in Kazakhstan’s procedural law, as the Civil Procedure Code of the Republic of Kazakhstan (the “CPC”) does not permit courts to initiate the collection of evidence on their own initiative. Under the CPC, courts lack the authority to gather evidence when reviewing state authorities’ decisions, whereas under the APPC, such actions are expressly allowed. The court has the right to independently collect additional evidence.
2. Written and Oral Proceedings*
Pursuant to Article 110 of the APPC, administrative cases in courts are generally heard orally.
Hearings of the parties’ explanations, statements of other participants, witness testimonies, and expert or specialist opinions may be conducted via videoconference.
It is also important to note that a final decision on an administrative case may be based only on the evidence directly examined during the court hearing, with the exception of documents containing state secrets or other legally protected confidential information.
However, under Article 148 of the APPC, with the consent of the parties, the court may consider an administrative case in written proceedings within a reasonable time. In written proceedings, the case is reviewed without oral hearings. In such instances, the plaintiff is not required to participate orally in court sessions. At the same time, the court retains the authority to convert the case to oral proceedings on its own initiative.
3. Types of Claims
The APPC provides for four types of claims, outlined in Article 131:
1. Claim for annulment – to challenge an administrative act and request its cancellation in whole or in part.
2. *Claim for compulsion* – allowing the plaintiff to request the issuance of a favourable administrative act.
3. Claim for performance – enabling the plaintiff to demand the performance of specific actions or the cessation of certain actions.
4. Claim for recognition – whereby the plaintiff may request recognition of the existence or absence of a legal relationship.
The clear categorisation of claim types significantly facilitates procedural understanding when preparing and selecting the subject matter of a claim.
4. Jurisdiction of Administrative Cases
According to Article 102 of the APPC, administrative judicial proceedings are carried out by specialised district and equivalent administrative courts.
These courts hear disputes arising from public-law relations.
The court of the city of Astana, acting as a court of first instance, hears claims filed by investors.
If you have any questions, please feel free to contact us. We would be glad to assist you
The APPC is aimed at protecting the rights of individuals and legal entities in public-law disputes with state authorities. Below, we outline what we consider to be the key innovations of the APPC concerning judicial proceedings.
1. Active Role of the Court*
According to Article 16 of the APPC, administrative judicial proceedings are conducted on the basis of the court’s active role.
The court’s active role includes collecting additional materials and evidence. This represents a significant innovation in Kazakhstan’s procedural law, as the Civil Procedure Code of the Republic of Kazakhstan (the “CPC”) does not permit courts to initiate the collection of evidence on their own initiative. Under the CPC, courts lack the authority to gather evidence when reviewing state authorities’ decisions, whereas under the APPC, such actions are expressly allowed. The court has the right to independently collect additional evidence.
2. Written and Oral Proceedings*
Pursuant to Article 110 of the APPC, administrative cases in courts are generally heard orally.
Hearings of the parties’ explanations, statements of other participants, witness testimonies, and expert or specialist opinions may be conducted via videoconference.
It is also important to note that a final decision on an administrative case may be based only on the evidence directly examined during the court hearing, with the exception of documents containing state secrets or other legally protected confidential information.
However, under Article 148 of the APPC, with the consent of the parties, the court may consider an administrative case in written proceedings within a reasonable time. In written proceedings, the case is reviewed without oral hearings. In such instances, the plaintiff is not required to participate orally in court sessions. At the same time, the court retains the authority to convert the case to oral proceedings on its own initiative.
3. Types of Claims
The APPC provides for four types of claims, outlined in Article 131:
1. Claim for annulment – to challenge an administrative act and request its cancellation in whole or in part.
2. *Claim for compulsion* – allowing the plaintiff to request the issuance of a favourable administrative act.
3. Claim for performance – enabling the plaintiff to demand the performance of specific actions or the cessation of certain actions.
4. Claim for recognition – whereby the plaintiff may request recognition of the existence or absence of a legal relationship.
The clear categorisation of claim types significantly facilitates procedural understanding when preparing and selecting the subject matter of a claim.
4. Jurisdiction of Administrative Cases
According to Article 102 of the APPC, administrative judicial proceedings are carried out by specialised district and equivalent administrative courts.
These courts hear disputes arising from public-law relations.
The court of the city of Astana, acting as a court of first instance, hears claims filed by investors.
If you have any questions, please feel free to contact us. We would be glad to assist you