Kazakhstan’s Path to Judicial Reform and Transparency
Kazakhstan is implementing reforms to enhance judicial independence, modernize its institutions, and address contemporary challenges according to Aslambek Mergaliev, Chairman of the Supreme Court of Kazakhstan, who detailed these initiatives aimed at strengthening the rule of law and increasing transparency in the judicial system. Strengthening Judicial Independence Central to these reforms is ensuring judges’ independence by depoliticizing their roles and holding them accountable only to the law. Judges are prohibited from affiliating with political parties, and personnel matters have been fully transferred to the Supreme Judicial Council. Key advancements include transparent selection procedures for judges and the introduction of new professional standards. A pivotal guarantee of independence is the new funding model, which allocates at least 6.5% of the state apparatus budget to the judiciary, reducing financial dependence on other government branches. Judges’ professional performance is now evaluated by their peers, supported by the "Electronic File of a Judge," an automated service designed to minimize bias. Additionally, the authority to approve special operational and investigative measures against judges has been transferred to the Prosecutor General. Introduction of Administrative Justice Kazakhstan established an administrative justice system in 2021, primarily aimed at protecting citizens' rights and improving public administration. This system has significantly increased the number of cases involving housing, tax, and land disputes, reflecting growing public trust in the judiciary. The percentage of court decisions in favor of citizens has risen from 15% to over 60%. Jury trials have also expanded, with the number of cases tried by jury more than doubling in recent years. Digital Transformation of the Judiciary Kazakhstan is leveraging digital technology to modernize its judicial processes, earning the country 4th place among 47 nations in reviews conducted by the European Commission for the Efficiency of Justice (CEPEJ) on the judicial systems of Council of Europe member states. Tools such as Digital Analytics of Judicial Practice and a robotic assistant help reduce judges’ workloads, predict case outcomes, and optimize adjudication. Additionally, the Supreme Court has initiated the broader use of electronic surveillance as an alternative to detention, favoring house arrest with electronic bracelets. International Recognition At the IX Congress of Judges in October 2024, President Kassym-Jomart Tokayev engaged with representatives from CEPEJ and the International Association for Court Administration (IACA) to discuss the progress of judicial reforms. Special emphasis was placed on expanding cooperation in human rights protection. The Union of Judges of Kazakhstan has established partnerships with organizations such as UNDP, OSCE, the Council of Europe, USAID, and the International Bar Association, among others. Future Steps Looking ahead to 2025, Kazakhstan plans to establish three courts of cassation and introduce a “continuous cassation” system. The Supreme Court will prioritize ensuring uniformity in judicial practice, with cases reviewed only at the initiative of the highest judicial authority.
