Article 18. Binding nature of judicial acts Administrative Procedural Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 18. Binding nature of judicial acts Administrative Procedural Procedure Code of the Republic of Kazakhstan

1. The Court of First instance adopts judicial acts on administrative cases in the form of decisions and rulings.

The courts of appeal, cassation instances, and the Supreme Court of the Republic of Kazakhstan adopt judicial acts in the form of resolutions and rulings.

2. Judicial acts that have entered into legal force, as well as orders, demands, orders, summonses, requests and other appeals of courts and judges in the administration of justice are mandatory for all state bodies, local governments, legal entities, officials, individuals and are subject to execution throughout the territory of the Republic of Kazakhstan.

Judicial acts based on a law or other normative legal act, which is recognized by the Constitutional Court of the Republic of Kazakhstan as unconstitutional, are not subject to execution.

3. Failure to execute judicial acts, as well as court requirements, entails the use of procedural coercion measures provided for in this Code and liability provided for by law.

4. The binding nature of a judicial act does not deprive interested persons who did not participate in the administrative process of the opportunity to apply to the court for protection of violated or disputed rights, freedoms and legitimate interests.

5. Judicial acts are sent by the court to the parties to the administrative process within three working days from the date of final production.

The footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated December 20, 2021 No. 83-VII (effective after ten calendar days after the date of its first official publication); dated November 05, 2022 No. 157-VII (effective from 01.01.2023).

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