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Legal system of Kazakhstan

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by

Assel Zhylkybayeva

on 5 February 2015

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Transcript of Legal system of Kazakhstan

Written constitution (fundamental law) plays the essential role among the law sources in the
Roman-German legal system, and has the supreme legal force. In accordance with the article 4 of
the Constitution of Kazakhstan, the Law in the Republic is made of the norms of the
Constitution, laws which conform to the Constitution, other normative legal acts
Hierarchy of the law sources
Laws which modify and amend the Constitution

Constitutional laws and Edicts of the President

Codes of the Republic of Kazakhstan

Normative resolutions of the Parliament

Normative edicts of the President

Normative resolutions of the Government

Normative legal acts of the ministers

Normative legal decisions of Maslikhats, normative legal
degrees of Akimats
The normative legal acts of the lower level cannot contradict the normative legal acts of the
higher level. Upon occurrence of contradictions between norms of the normative acts of
different level, norms of act of higher level shall have priority. Upon occurrence of
contradictions between norms of normative legal acts of the same level, norms introduced
later have the priority.
International treaties ratified by Kazakhstan have priority over its laws and are applied
directly, unless international treaty specifies its application requires issuance of a law. Thus,
recognized principles and provisions of international law are an element of the legal
framework of the Republic of Kazakhstan, to which all legal subjects may appeal.
Court system in KZ
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Legal system of Kazakhstan
The legal system of the Republic of Kazakhstan, along with legal systems of Italy, France,
Germany, Austria and other countries, belongs to the Roman-German (continental) legal system.
As opposed to the Anglo-Saxon legal system (England, the USA), where judicial precedents are
the main legal sources, Roman-German legal system has a single hierarchically structured
system of enacted law sources.
List of codes


· Civil Code, General part (1994)

· Civil Code, Special part (1999)

· Code of Civil Procedure (1999)

·

Code of Criminal Procedure (1997)

· Criminal-Executive Code (1997)

· Tax Code (2001)

· Code On Administrative Violations (2001)

· Water Code (2003)



· Forestry Code (2003)

· Customs Code (2003)

Budget Code (2004)

Criminal Code (1997)
Elections code (1993)

Land Code (2003)
Supreme Court
Regional Court
District Court
Town Court

City Court
Part six of the Constitution contains fundamental regulations establishing constitutional control in the Republic, which is assigned to the Constitutional Council. It does not belong to the juridical system and it is a state structure ensuring the supremacy of the Constitution of the Republic as of the Basic Law on the whole territory of Kazakhstan.

The Constitutional Council consists of seven members, the Chairman and two members are appointed by the President of the Republic, the Chairmen of the Senate and Majilis of Parliament each appoint two members for the term of six years.
Full transcript