Justice systems worldwide are undergoing transformation to meet the demands of increasingly interconnected and rights-conscious societies. Kazakhstan, positioned at the crossroads of Europe and Asia, is charting an ambitious course to ensure its judiciary is flexible, transparent, and accessible to all. Its reforms hold lessons not only for emerging democracies but also for mature legal systems seeking to adapt to the 21st century’s complexities.
At the heart of Kazakhstan’s judicial reform agenda lies a steadfast commitment to strengthening the independence of its judiciary—a cornerstone of any functioning rule-of-law system. Recognising the importance of aligning with global best practices, Kazakhstan has adopted progressive measures to ensure its judges are independent and accountable solely to the law; they are depoliticised and prohibited from party membership. The Union of Judges of Kazakhstan actively collaborates with international organisations such as the UNDP, the OSCE, the Council of Europe, USAID, the International Bar Association, among others.
In October 2024, at the IX Congress of Judges in Kazakhstan, President Kassym-Jomart Tokayev held discussions with prominent international figures, including Francesco Depasquale, President of the European Commission for the Efficiency of Justice (CEPEJ), and Luis Palma, President of the International Association for Court Administration (IACA). These experts lauded Kazakhstan’s strides in judicial reform and expressed their readiness to cooperate in safeguarding human rights and enhancing the efficiency of the justice system.
The state is systematically removing all mechanisms of pressure on the judiciary. For example, the authority to approve special operational investigative measures against judges has been transferred to the Prosecutor General. Additionally, all judicial personnel matters have been assigned to a separate body – the High Judicial Council – ensuring transparency and quality in the judicial selection process and the formation of a judicial corps based on high moral and professional standards.
Moreover, a new model of judicial financing has been introduced as a direct guarantee of the judiciary’s independence from other branches of government. This model establishes a threshold whereby the judicial branch is allocated at least 6.5% of the state apparatus budget.
In line with the recommendations of the Consultative Council of European Judges and the Kyiv Recommendations on Judicial Independence, judges’ professional activities are assessed by their peers. To minimise the human factor, the electronic service “Judge’s E-Dossier” has been implemented.
The introduction of administrative justice in 2021 has helped overturn longstanding stereotypes regarding the dependence of judges. The primary goal of administrative justice is to enhance the quality of public administration and ensure consistency in judicial practice. The active role of the courts and other principles of administrative proceedings, focused on protecting citizens’ rights, have led to a significant increase in housing, tax, and land disputes (up to 30,000 cases per year). These figures reflect growing public trust in the judiciary.
Previously, under civil proceedings, only 15% of judicial rulings favoured citizens. However, following the introduction of administrative justice, this figure has risen to over 60%. Undoubtedly, this reform represents a breakthrough in ensuring and safeguarding human rights and freedoms in the rule-of-law state.
The scope of jury trials has also been expanded. Notably, the number of cases examined by juries has more than doubled in a short period.
At the initiative of the Supreme Court, a project has been launched to broaden the use of electronic surveillance. In place of detention, house arrest with the use of electronic bracelets is now a preferred preventive measure.
The central focus of all initiatives in Kazakhstan is the individual, which is why ongoing reforms aim to ensure high-quality judicial administration, consistency in judicial practice, and strengthened judicial independence. For citizens, businesses, and investors, the quality of judicial administration matters more than the reforms themselves. Therefore, the Supreme Court systematically updates existing regulatory rulings and develops new ones across all areas of legal proceedings.
Under the direction of President Tokayev, a working group on judicial system reform operates within the Senate of Parliament. This group includes MPs, legal practitioners, academics, government representatives, and other stakeholders. Such an inclusive approach ensures that suggestions from direct users of judicial services are heard and incorporated.
Among the significant reforms is the enhanced role and responsibility of the appellate courts, which now determine all the circumstances of a case and issue rulings accordingly. In 2025, three cassation courts will be established, and a system of “continuous cassation” will be introduced. This will allow the Supreme Court to concentrate on ensuring consistency in judicial practice, with the revision of judicial decisions possible only at the initiative of a judge of the highest judicial body in exceptional cases.
Additionally, the level of digitalisation in Kazakhstan’s judiciary is highly regarded both domestically and internationally. In the two most recent reviews (2020 and 2022) conducted by the European Commission for the Efficiency of Justice (CEPEJ) on the judicial systems of Council of Europe member states, Kazakhstan ranked 4th among 47 countries in the use of IT technologies by courts.
This achievement is attributed to the introduction of digital and smart court systems and the implementation of unique Kazakhstani IT projects, which have drawn the attention of international experts. The Digital Analytics of Judicial Practice service analyses millions of judicial decisions and predicts the outcomes of civil cases. A robot assistant handles a quarter of a judge’s workload by generating draft decisions, which are then reviewed and finalised by the judge. Smart-assistants, such as the “Judge’s Diary” and “Judicial Practice”, streamline court interactions and support the work of judges.
Kazakhstan’s journey towards an independent, transparent, and technologically advanced judiciary underscores its commitment to the universal principles of justice and the rule of law. These reforms not only reflect Kazakhstan’s aspirations for domestic progress but also position it as a reliable and forward-thinking partner on the global stage. For European nations, which share a vested interest in fostering stability, human rights, and legal cooperation across borders, Kazakhstan’s evolving judicial system presents an opportunity for meaningful dialogue and collaboration. By exchanging expertise and best practices, we can collectively advance the ideals of fair and accessible justice in an increasingly interconnected world.
