The digitalization of public administration in the Republic of Kazakhstan has led to the widespread use of electronic administrative acts. Public authorities and local self-government bodies issue decisions through information systems and portals, which increases efficiency, but at the same time raises procedural issues – primarily concerning the jurisdiction of disputes related to challenging such acts.

Determining the proper court is crucial for the realization of the right to judicial protection. An error in choosing the court may result in the dismissal of the claim or the transfer of the case based on jurisdiction, thereby delaying the process of restoring violated rights.

With the adoption of the Administrative Procedural Code of the Republic of Kazakhstan (hereinafter – the APC RK), an administrative act is defined as an individual decision of an administrative body affecting the rights, freedoms, and legitimate interests of a specific person.

The electronic form of an administrative act entails:
– issuance of the decision through a state information system;
– signing with an electronic digital signature (EDS);
– delivery to the addressee via the e-government portal or another digital platform;
– the absence of a paper document as a mandatory element.

The legal force of such an act is equivalent to that of an act on paper, provided that the requirements of the legislation on electronic document management are met.

In accordance with the APC RK, cases involving challenges to administrative acts are heard by specialized inter-district administrative courts.

When determining the key criteria for establishing jurisdiction (territorial, alternative, and exclusive), the decisive factor remains not the form of the act (electronic or paper), but the body that issued it and the territorial affiliation of that body. For jurisdictional purposes, the determining factor is the legal address of the administrative body, not the technical location of the server or information system. For instance, the e-government of the Republic of Kazakhstan (eGov) is merely a technical platform. The administrative act is issued by a specific government body; therefore, jurisdiction is determined by the body that issued the decision. The mere fact that an application was submitted through the portal does not alter territorial jurisdiction.

The jurisdiction for challenging an administrative act issued in the form of an electronic document in the Republic of Kazakhstan is determined according to the general rules of administrative proceedings. The digital form of the act does not affect territorial or subject-matter jurisdiction, as the legally significant factors are the status and location of the administrative body. The development of electronic document management requires further improvement of procedural mechanisms; however, current legislation already allows for the effective protection of the rights of citizens and organizations in the context of digitalization of public administration.

Maral SHAYAKHMETOVA,
Judge of the Glubokovsky District Court
of the East Kazakhstan Region