The ‘Non-Functioning’ Cassation Mechanism under the Administrative Code: Will the Launch of Cassation Courts Bring Change?

This document analyses the existing challenges in the organisation of cassation proceedings in Kazakhstan, highlighting systemic discrimination stemming from unequal access to cassation review depending on the type of legal case. The report proposes the introduction of a unified approach to cassation appeals across all categories of cases, along with a revision of cassation grounds to reflect the specific nature of administrative offences and to uphold fairness. A key recommendation is the establishment of a court competent to hear both criminal and administrative cases, staffed by judges specialising in administrative offences.

Language: Russian

Keywords: cassation, judicial proceedings, administrative offences, legal protection, discrimination, procedural filters, cassation grounds, legal certainty, fairness, justice reform