Kazakhstan · Overview
The legal system of Kazakhstan
A post-Soviet civil-law system built on a two-part Civil Code enacted in 1994 and 1999 on continental European models. Two features set it apart from its neighbours. First, the 2022 constitutional referendum restored a full Constitutional Court from 1 January 2023, replacing a Constitutional Council that only officials could petition — individuals may now apply directly. Second, the Astana International Financial Centre operates under a constitutional carve-out: the AIFC Court applies AIFC Acts modelled on English common law, is staffed by English and Commonwealth judges, and has expressly opted out of Kazakh substantive law, so a commercial answer here depends entirely on which forum the parties chose.
Legal tradition
Kazakhstan belongs to the civil law tradition. A post-Soviet civil-law system built on a two-part Civil Code enacted in 1994 and 1999 on continental European models. Two features set it apart from its neighbours. First, the 2022 constitutional referendum restored a full Constitutional Court from 1 January 2023, replacing a Constitutional Council that only officials could petition — individuals may now apply directly. Second, the Astana International Financial Centre operates under a constitutional carve-out: the AIFC Court applies AIFC Acts modelled on English common law, is staffed by English and Commonwealth judges, and has expressly opted out of Kazakh substantive law, so a commercial answer here depends entirely on which forum the parties chose.
How power is divided
Unitary. Seventeen regions (oblasts) and three cities of republican significance — Astana, Almaty and Shymkent — each headed by an akim appointed by the President. Local representative assemblies (maslikhats) have limited competence. Overlaid on this is the Astana International Financial Centre, a territorially delimited zone with its own court, arbitration centre, regulator and body of law that operates outside the national legal order.
Where law comes from
- The Constitution
- Supreme; enforced by the Constitutional Court restored in 2023.
- Codes and laws of Parliament
- The Civil Code, Criminal Code, Tax Code and Labour Code are the principal instruments.
- Presidential decrees
- Have the force of law in defined areas and rank above government acts.
- Ratified international treaties
- Article 4 gives them priority over domestic law, except where the treaty requires implementing legislation.
- AIFC Acts
- Apply only within the Astana International Financial Centre and are based on English common law.
The legal profession
Advocates are licensed under the Law on Advocacy and Legal Assistance 2018, which introduced mandatory membership of regional bar collegia coordinated by the Republican Bar Association, and separated advocates from other legal-services providers who must register separately. Entry requires a law degree, an internship and a qualifying examination. Notaries are a distinct licensed profession whose involvement is compulsory for many real-estate and corporate transactions. Practitioners in the AIFC Court are registered separately and may be foreign-qualified.
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