ON THE NEED TO ADOPT A NEW RESOLUTION OF THE SUPREME COURT ON THE APPLICATION OF TREATIES BY THE COURTS OF KAZAKHSTAN

2025

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DOI 10.63546/3005-2246.2025.12.4.012
Data confidence 70 medium
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Abstract

This article provides a substantiated argument for the adoption of a new Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan on the application of treaties by national courts. Based on an analysis of 7,500 judicial decisions issued between 2008 and 2024, the study identifies systemic issues in judicial practice: reliance on treaties that have not entered into force, references to agreements to which Kazakhstan is not a party, failure to verify the effective date of treaties, formalistic citation of international norms without legal reasoning, and the absence of clear criteria for determining direct applicability and self-executing provisions. The 2017 constitutional amendments and the increasing role of international law in domestic adjudication require an updated Supreme Court resolution that clarifies the procedure and conditions for the application of treaties, incorporates the interpretative rules of the Vienna Convention on the Law of Treaties (Articles 31-33), and provides a coherent methodology for identifying self-executing treaty provisions.