In the Republic of Kazakhstan, work continues on improving the judicial system and increasing public trust in justice. One of the innovations aimed at ensuring openness and fairness in court proceedings has been the introduction of the institution of extraterritorial jurisdiction.

Extraterritorial jurisdiction provides for the possibility of a court case being heard by a court located in a different region of the country, regardless of the parties' place of residence or where the dispute arose. This mechanism helps to eliminate the influence of local factors and promotes a more objective examination of cases.

The legal basis for applying extraterritorial jurisdiction is enshrined in the Civil Procedure Code of the Republic of Kazakhstan.
Thus, according to Article 32 of the Civil Procedure Code of the Republic of Kazakhstan, the parties have the right, by mutual agreement, to determine the court that will hear the civil case. In this case, an agreement on jurisdiction is permitted before the court accepts the case for proceedings.

At the same time, the legislation establishes certain restrictions. In particular, Article 31 of the Civil Procedure Code of the Republic of Kazakhstan, which regulates matters of exclusive jurisdiction, stipulates categories of cases whose jurisdiction cannot be changed by agreement of the parties.

The institution of extraterritorial jurisdiction was introduced as part of the legislative changes provided for by the Law of the Republic of Kazakhstan dated December 20, 2021, No. 84-VII "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improving Civil Procedure Legislation." These changes came into effect on August 1, 2022.

The allocation of cases when applying extraterritorial jurisdiction is carried out through the automated information system of the judicial authorities, which ensures transparency and eliminates the influence of the human factor.

As representatives of the judicial system note, the introduction of this mechanism contributes to increasing the efficiency of justice.

"Extraterritorial jurisdiction is one of the tools aimed at ensuring the principles of independence and impartiality of the court. Transferring a case for consideration to a court in another region makes it possible to minimize the possible influence of local factors and ensures equal conditions for all participants in the process," noted Zhanar Tenlikkyzy, a judge of the Baiterek district court.

According to experts, the application of this institution also contributes to a more even distribution of the judicial workload among courts and increases citizens' trust in the judicial system.

Thus, extraterritorial jurisdiction is an important element in the modernization of the judicial system of the Republic of Kazakhstan and is aimed at ensuring fair and effective justice.

Guzel MUKHAMBETOVA,

Chief Specialist of the Court Administrator of the
Baiterek District, West Kazakhstan Region