Normative Resolution of the Supreme Court of the Republic of Kazakhstan No. 2 dated April 9, 2026, concerning disputes with state authorities
The Supreme Court of the Republic of Kazakhstan issued Normative Resolution No. 2 dated April 9, 2026 (hereinafter – Resolution No. 2) concerning the uniform practice for the consideration of disputes under the Administrative Procedure and Procedure Code (hereinafter – APPC). This resolution shall enter into force on April 21, 2026.
Gaps have been eliminated and practice has been established
Now, if the Administrative Procedure and Procedure Code (APPC) does not contain special provisions, the rules of the Civil Procedure Code (CPC) shall apply. This eliminates many legal gaps.
Reduction of formalism
Courts are prohibited from rejecting claims and are required, at the preliminary hearing stage, to examine not only the substantive aspect of the actions of a state body, but also the procedural aspect—namely, whether the state body complied with all procedures for adopting the decision or contested act.
Courts may preliminarily disclose their position during the course of a dispute
This practice already existed. When a decision of a state authority or an administrative act is being challenged under the APPC, courts—at an early stage—may indicate their preliminary position in order to avoid wasting judicial and party resources on a full hearing of the case. For example, the court may suggest that the state authority is correct, or conversely, advise the claimant company on how to adjust its claims and what evidence should be submitted.
Normative Resolution No. 2 emphasizes the application of the principle of the “active role of the court.” Since one of the parties is a public authority and there is no equality of arms between the parties, the court applies this principle. Under this principle, the court effectively mitigates the imbalance between the parties and enables the claimant to more actively and effectively protect its violated rights in disputes with state authorities.
Distinction between investment disputes and disputes under the APPC
Investors holding an investment contract or investor status may protect their rights before the Special Court of Astana in disputes such as:
- all disputes and issues related to customs and tax law;
- all disputes related to environmental law;
- migration law and licensing;
- competition protection and antimonopoly law;
- issues related to the contract.
It should be noted that, according to statistics, approximately 50% of complaints and lawsuits against state authorities are decided in favor of companies and individuals.