CIVIL PROCEEDINGS IN THE REPUBLIC OF KAZAKHSTAN: INNOVATIONS AND TRENDS

Abstract

The article discusses the significant changes that have occurred in civil proceedings of the Republic of Kazakhstan over the past 3 years, and reveals their reasons. Purpose: to show trends in the modernization of civil court proceedings due to economic, social and political changes in society. Research methods: analytical, systematic, formal-legal, comparative analysis, scientific generalizations. On the basis of these methods, the following innovations are briefly described: the separation of cases arising from public law relations, from civil cases and the establishment of administrative procedural law; the introduction of institutions of «exemplary decision», extraterritorial jurisdiction of cases and pre-trial protocol; the consolidation of fair consideration and resolution of civil cases as a task of civil proceedings; the expansion of the competence of specialized inter-district juvenile courts; the regulation of procedural rights and duties of a representative on behalf; the exclusion of the power of the court of appeal to refer the case to the court of first instance for a new review and resolution. Results: it is substantiated that the category of «justice» is a priority in the further improvement of the civil procedural law of the Republic of Kazakhstan, which will be decisive for the content of certain institutes of this branch of law.

Keywords

• civil proceedings
• administrative proceedings
• fair justice
• revision of certain traditional institutions of civil procedure law
• improvement of civil procedure law