NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of April 9, 2026 No. 2

About single questions of application of the procedural legislation on administrative cases

For the purpose of ensuring uniform application of regulations of the procedural legislation on administrative cases the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.

1. Courts by consideration of administrative cases should proceed from priority of the principles and precepts of law stated in the Constitution of the Republic of Kazakhstan (further - the Constitution), the constitutional laws of the Republic of Kazakhstan, the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK), other codified and industry legal acts, depending on their place in the hierarchy of regulatory legal acts set by the Constitution and the Law of the Republic of Kazakhstan of April 6, 2016 No. 480-V "About legal acts" (further - the Law).

2. According to part three of article 1 APPK in administrative legal proceedings provisions of the Code of civil procedure of the Republic of Kazakhstan (further - GPK) are applied if other procedure is not provided by APPK.

If APPK contains referential regulation on regulations of GPK, then regulations of GPK are applied according to subject and limits set in the specified referential regulation of APPK.

The GPK also is not provided in cases when APPK does not provide special regulation, including referential regulations, analogy of the law and the right according to article 13 of the Law is applied.

3. Regulations of APPK provide different forms of the address within administrative production, such as statement, claim and administrative claim. Special form of appeal to the court owing to the subitem 9) of part one of article 4 APPK is the administrative claim - the requirement which is filed a lawsuit for the purpose of protection and recovery of the violated or disputed rights, freedoms or legitimate interests following from the public relations. Appeal to the court with the claim, the statement is not the independent basis for return of the claim as this defect can be eliminated, as a rule, before carrying out initial hearing.

4. Consideration of the administrative claim in one court excludes consideration of the claim for dispute between the same parties, about the same subject and of the same bases in other court and according to the subitem 5) of part two of article 138 APPK is the basis for the return which arrived after the claim.

5. Taking into account the sequence of passing of the main stages of administrative legal proceedings, stipulated in Clause 117 APPK, and also requirements of article 137 APPK registration of the claim in court means that the claim is accepted in production of court and on it administrative case is initiated. Therefore, the GPK regulations regulating questions of adoption of the claim, refusal in adoption of the claim, suit abatement, leaving of the claim without consideration in administrative legal proceedings are not applied.

Registration of the claim and consideration of administrative case on protection of the voting rights of the citizens and public associations participating in elections or republican referendum are performed according to the procedure and the terms established by the Constitutional law of the Republic of Kazakhstan of November 2, 1995 No. 2592 "About republican referendum", the Constitutional law of the Republic of Kazakhstan of September 28, 1995 No. 2464 "About elections in the Republic of Kazakhstan" and Chapter 25 of APPK.

6. The withdrawal of the administrative claim (completely or in part) is the unconditional right of the claimant, and recognition of the claim (completely or in part) - the right of the defendant which they can use before removal of court for removal of court resolution. These rights are exercised by the claimant and the defendant by means of submission of the written application in court.

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