Kazakhstan Rule of Law Program

The American Bar Association Rule of Law Initiative’s (ABA ROLI) Kazakhstan Rule of Law Program (KRLP) aimed to develop a conducive legal climate for businesses; enhance civil society engagement; and ensure a modernized, independent judiciary in Kazakhstan. Over its four-year duration from 2020 to 2024, the program focused on three main objectives:

1.  Developing a Legal Climate for Businesses: This involves improving legal frameworks to boost international investment.

2. Improving the Legal Framework for Civil Society Organizations (CSOs): This includes enabling CSOs to play a significant role in a democratic society.

3. Ensuring Judicial Modernization and Independence: This is achieved by eliminating bias and increasing professionalism within the judiciary.

ABA ROLI achieved many achievements during program implementation, including:

Objective One: Legal Climate for Businesses

•  APPC and Legal Acts: KRLP supported Kazakhstan’s Supreme Court in developing the Tax Normative Regulation, which helped standardize court practices for resolving tax disputes. Recommendations for improving the Administrative Procedure and Process-Related Code (APPC) were presented to Kazakhstan’s Parliament in June 2023, aiming to foster better interactions between government agencies and investors.

• Judicial Education: Over three years, KRLP extended technical training to judges, organizing seminars and preparing methodological handbooks to enhance their capacity to handle administrative disputes. Educational initiatives included summer schools in Germany and online lectures.

• Investor Confidence: KRLP facilitated roundtable discussions between investors and judges, addressing concerns about dispute resolution and improving trust in the judicial system. An expert meeting with the Investment Committee led to recommendations for improving Bilateral Investment Treaties, fostering a transparent and stable legal environment for investors.

• Court Administration: KRLP conducted change workshops in the United States and the United Arab Emirates to improve court effectiveness in handling investment disputes, leading to recommendations for judicial reforms in Kazakhstan.

Objective Two: Legal Framework for Civil Society Organizations (CSOs)

• Dialogue Platforms: KRLP organized multiple dialogue platforms that produced recommendations for enhancing CSO participation in law-making processes. These platforms addressed gaps in law enforcement practices and engaged more than 50 individuals, including representatives from the Ministry of Culture and Information.

• Legal Framework Analysis: KRLP developed analyses of the legal and institutional frameworks governing CSO participation in legislative development. These analyses were disseminated to government bodies and CSOs, identifying obstacles and providing recommendations for improvement.

• Capacity Building: Annual roundtables and change workshops were held to improve cooperation between the Government of Kazakhstan and CSOs. KRLP also developed practical manuals and online training modules to raise awareness of CSOs' rights and responsibilities.

Objective Three: Judicial Modernization and Independence

• Public Trust in Judiciary: KRLP partnered with the Supreme Court and the Academy of Justice to enhance public trust through communication skills training, expert meetings, and developing a communication strategy. ABA ROLI also facilitated a public speaking training for judges, which further improved their communication with the public.

• Continuing Legal Education (CLE): Recommendations for a sustainable CLE model were developed, leading to the adoption of a roadmap for professional development courses. Online and video courses on emerging legal issues were also implemented; including several courses on the ‘Civil Law of Kazakhstan’ for judges, lawyers, and law students—the videos analyzes specific provisions of the civil code and court practice.

• Judicial Ethics: KRLP organized workshops and expert meetings to improve Kazakhstan’s Code of Judicial Ethics. International experts provided recommendations, and a draft code was widely disseminated for review.

• Adversarial System and Digitalization: KRLP facilitated discussions on transitioning to an adversarial system and digitalizing court procedures. Roundtables and consultations with international experts resulted in recommendations for legislative reforms.

ABA ROLI’s Kazakhstan Rule of Law Program has significantly contributed to creating a favorable legal environment for businesses, enhancing civil society's role in democratic processes, and modernizing Kazakhstan's judiciary. Through collaboration with local and international experts, the program provided valuable recommendations and facilitated legislative reforms—laying the foundation for a more transparent, stable, and independent legal system in Kazakhstan.

Civil Law of Kazakhstan: An Outside View

This video course was developed under Objective 3 - Outcome 3.2 Increased access to ongoing judicial education under ABA ROLI’s Kazakhstan Rule of Law Program.

The playlist features lectures from “Civil Law of Kazakhstan: An Outside View” developed by the United States Agency for International Development (USAID)-funded Kazakhstan Rule of Law Program, implemented by ABA ROLI. The lectures were created by Associate Professor of International Economic and Comparative Law, Martin Luther University of Halle-Wittenberg, Dr. Azar Aliyev.