OUT-OF-COURT AND JUDICIAL DISPUTE SETTLEMENT PROCEDURES IN KAZAKHSTAN

Elvira Bekbolatovna Ablaeva, Bakytgul Shaimerdenovna Ismailova, Samal Malikovna Mukhtarova, Saltanat Bakytzhanovna Sautbayeva, Mukhtarkhan Aidarkhanovich Utanov

2024

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DOI 10.52026/2788-5291_2024_76_1_118
Data confidence 70 medium
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Abstract

The article discusses the extrajudicial and pre-trial procedure for resolving disputes in the Republic of Kazakhstan, provided for by law, agreement and judicial practice. The advantages of resolving disputes out of court and before trial are noted, which are reflected in qualitative and quantitative characteristics at the level of the legal culture of the population and the regulatory burden of the courts. Among the problems of the theory and practice of dispute resolution, the authors indicate the lack of clear criteria and limits for the settlement of disputes in extrajudicial and pre-trial procedures. To solve this problem, the authors make a distinction between extrajudicial, pre-trial and judicial procedures for resolving disputes. Attention is paid to the ambiguous understanding of the extrajudicial and pre-trial procedure for resolving disputes in legislation, theory, and judicial practice. Therefore, the authors generally recognize dispute resolution in one form or another as alternative to judicial procedure as methods of resolving disputes, as well as as extrajudicial and pre-trial forms of protection of rights, freedoms and legitimate interests. The norms of the legislation of the Republic of Kazakhstan regulating the extrajudicial and pre-trial procedure for resolving disputes, scientific works of Kazakh and foreign authors, methodological recommendations of the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Kazakhstan, pilot projects of the Supreme Court of the Republic of Kazakhstan and judicial practice on pre-trial settlement of disputes were studied. At the end of the work, it was concluded that the out-of-court procedure for resolving disputes mostly includes arbitration and the notary, and the pre-trial procedure with a conditional share includes external administrative procedures, mediation procedures and participatory procedures. In general, they are alternative methods of resolving disputes, differing in the purposes for which they are carried out, as well as the subjects who carry them out.