On December 17, 2025, the Head of State signed the Law "On Introducing Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Administrative Justice, Rulemaking, and the Organization of Legal Assistance."

One of the key changes concerning administrative justice is the transfer of Chapter 30 of the Civil Procedure Code, "Proceedings on Cases Challenging the Legality of a Regulatory Legal Act," to the Administrative Procedural Code.

This innovation significantly expands the powers of administrative courts and provides citizens and legal entities with the opportunity to challenge subordinate regulatory legal acts (or individual provisions thereof) issued by state bodies or officials at both the central and local levels.

An administrative claim challenging the legality of a subordinate regulatory legal act is filed with the court within three months from the moment the plaintiff became aware of the violation of their rights, freedoms, and legitimate interests. The court considers the administrative case within a one-month period.

Additionally, the Government of the Republic of Kazakhstan has been granted the authority to resolve disputes arising from the interpretation of legislative provisions between state bodies. A mechanism for conducting scientific expertise of draft regulatory legal acts by an authorized organization has also been introduced.

Furthermore, these amendments introduce a number of important changes to the procedure for handling administrative cases, affecting key aspects of interaction among participants in administrative proceedings.

Important clarifications have been made to the procedure for hearing participants in administrative proceedings, explicitly providing for hearings to be conducted in both written and oral forms, thereby expanding opportunities for participants to present their positions. A record of the hearing is kept only when objections are expressed orally. To conduct an oral hearing, a participant in the administrative procedure must file a motion within two business days from the receipt of the preliminary decision. The absence of written or oral objections from a participant who has been duly notified does not preclude a decision on the merits of the administrative case (Article 73 of the Administrative Procedural Code).

A key amendment to Article 75 of the Administrative Procedural Code aims to enhance the transparency of the administrative process. Participants in administrative proceedings are now afforded the opportunity to review the materials of the administrative case both during and after its consideration, which facilitates more effective protection of rights at early stages.

The expansion of the scope of administrative justice is aimed at increasing transparency, efficiency, and the protection of the rights of citizens and businesses in their interactions with state bodies.

Муслимов Аманкельды Алпысович

Amankeldi MUSLIMOV,
Judge of the Specialized Interdistrict
Administrative Court of Karaganda Region

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