Kazakhstan Introduces a New Code of Administrative Procedure and Proceedings
On 01 July 2021, new Code of Administrative Procedure and Proceedings of the Republic of Kazakhstan No. 350-VI of 29 June 2020 (the “CAPP”) is coming into effect simultaneously superseding the Kazakhstan Law Concerning Administrative Proceedings of 27 November 200 and the Kazakhstan Law Concerning the Procedure for Review of Applications from Citizens and Corporations of 12 January 2007.
Furthermore, new Specialised Interdistrict Administrative Courts are starting operations in all oblasts and oblast-status cities of the Republic of Kazakhstan.
With effect from 01 July 2021, the aforementioned courts must process appeals against decisions or actions/omissions of government authorities or officers thereof made/undertaken in their public legal relationships in compliance with the rules set out in the CAPP.
As a consequence, any and all tax, customs, antitrust, environmental and investment disputes, as well as any and all disputes with government authorities, which, in the past, were adjudicated by Special Interdistrict Economic Courts (if a dispute was between corporate entities) and district courts (if a dispute was between citizens) in compliance with Chapter 29 of the Kazakhstan Civil Procedure Code, from now on will be adjudicated by Specialised Interdistrict Administrative Courts in compliance with the provisions of the new CAPP.
Apart from the above, such Specialised Interdistrict Administrative Courts will adjudicate claims against bailiffs and actions/omissions thereof.
The Nur-Sultan City Specialised Interdistrict Administrative Court (regardless of the jurisdiction of the Claimant and Respondent) will adjudicate claims of foreign and Kazakhstan investors (only those who have executed an investment contract with the Kazakhstan Government) against decisions and actions/omissions of government authorities and officers thereof.
The Supreme Court of the Republic of Kazakhstan will continue to adjudicate, as court of original jurisdiction, claims against decisions and actions/omissions of the Kazakhstan Central Election Commission and Central Commission on Referendum.
Judicial acts issued by Specialised Interdistrict Administrative Courts may be challenged through the appeal procedure in oblast courts and other equal-status courts, and through the cassation procedure in the Supreme Court of the Republic of Kazakhstan.
The new CAPP sets new time limits for filing appeals against decisions and actions/omissions of government authorities and officers thereof made/committed in their public legal relationships.
With effect from 01 July 2021, any of the aforementioned claims may be filed with a court within one month from the date of service of the respective complaint handling report issued by the responsible authority. When there is no pre-trial procedure provided for by law, or there is no complaint handling authority, a claim must be filed within one month from the date of service of the respective administrative act or from the date of notification of the Claimant in the manner prescribed by the CAPP and Kazakhstan laws.
Further, the new CAPP sets new time limits for adjudication of the aforementioned claims against judgments of Specialised Interdistrict Administrative Court through the appeal and cassation procedures, and prescribes a new procedure for entry of the aforementioned judgments into legal force and effect.
Pursuant to the general rule, from now on, any of the aforementioned claims must be adjudicated by a Specialised Interdistrict Administrative Court within three months from the
date of claim filing. When a matter is too complicated, the court may extend the time limit for its adjudication for three more months.
Those judgments which have not yet become effective in law may be challenged by any participant of administrative proceedings or prosecuting attorney through the appeal procedure by filing an appeal petition within two months from the date of the final judgment issuance.
A court of appeal must hear the aforementioned appeal petition within three months from its arrival at the court. When a matter is too complicated, the court of appeal, like the court of first instance, may extend the time limit for its adjudication for three more months.
Rulings issued by courts of appeal with regard to any of the aforementioned cases will enter into force upon expiration of the time limit for filing cassational protest rather than on the date of ruling reading.
Those judgments and rulings which have not yet become effective in law may be challenged by any participant of administrative proceedings or prosecuting attorney through the cassation procedure by filing a cassation petition within one month from the date of service of the final judicial act of the court of appeal.
A specialised board of the Supreme Court of the Republic of Kazakhstan must hear such cassation petition within six months from its arrival at the specialised board. Judicial acts issued by the Supreme Court of the Republic of Kazakhstan enter into force on the date of their reading.
The new CAPP sets shorter time limits for adjudication and appeal of cases involving the contesting of decisions, opinions or directions issued by a competent authority upon completion of public procurement review, or actions/omissions of a bailiff.
Transitional Provisions Applicable to the Cases Pending in Courts and Government Authorities as at the Date of the New CAPP Entry into Force.
Those pending cases which have been entered on the reference prior to the date of the new CAPP entry into force must be adjudicated in compliance with the Kazakhstan procedural legislation that was in effect before the implementation of the CAPP.
The cases which are still being processed by a government authority or officer and which have not been finalised after the date of the CAPP entry into force may be adjudicated (with regard to the outstanding matters) in compliance with the new CAPP, if requested by the Claimant in writing.
Sayat Zholshy & Partners has over 20 years of extensive and unique experience in successful handling of disputes with Kazakhstan government authorities.
Should you have any questions with regard to the aforementioned disputes, please do not hesitate to contact Senior Partner Vitaliy Vodolazkin who heads the Dispute Resolution practice.
*This Legal Alert is meant for information and/or education purposes only and may not be perceived as a legal advice or opinion. Sayat Zholshy & Partners and its management, attorneys and employees may not guarantee that the above information is applicable for your purposes, and are not liable for your decisions and potential losses, either direct or indirect, that might result from the use of information, either in whole or in part, contained herein.