THE CASSATION COURTS ROLE IN THE CIVIL PROCESS OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The institution of cassation as an extraordinary way of checking the judicial acts that have entered into legal force is traditional for the Kazakhstani legal system and has its roots in Soviet legal regulation. After having emerged from the Soviet Union, which was a single basis measure for the republics’ legal systems that were part of it, many states have formed their own systems of law in thirty years of political independence. However, the core institutions of civil rights protection that form a common legacy, despite an independent political and legal path, remain in force. The purpose of the study is to find the most appropriate approach to reviewing judicial acts in the cassation court. The methodological basis consists of methods of analysis, synthesis of information on the topic of study, as well as a logical method based on the retrospective study of changes in approaches to the legal framework for the review of judicial acts in the cassation court. The results are substantiated by issues related to the organization and functioning of the cassation court in civil proceedings in the Republic of Kazakhstan. Issues related to the competence of these courts within the framework of civil proceedings are assessed. The question of organizing courts of cassation with regard to the specialization of judicial colleges or constituencies is under consideration. Conclusions: the approaches proposed in this paper for organizing cassation courts can become more effective, taking into account the goals and tasks assigned to them by the legislator.