АЗАМАТТЫҚ ІСТЕРДІ КАССАЦИЯЛЫҚ ТӘРТІППЕН ҚАЙТА ҚАРАУ: ҚҰҚЫҚТЫҚ АЙҚЫНДЫҚ ЖАҒДАЙЫНДА ҚҰҚЫҚТАРДЫҢ СОТ АРҚЫЛЫ ҚОРҒАЛУЫ

Abstract

The article examines cassation reconsideration of civil cases in the Republic of Kazakhstan after the establishment of separate cassation courts. The focus of the study is procedural access to the cassation instance, the grounds for setting aside final judicial acts and the limits imposed by legal certainty. The legal problem is that broader access to cassation, achieved by removing the former preliminary filter, should not transform cassation into a repeated appeal; at the same time, the finality of a judicial act cannot warrant preservation of a qualified judicial error. The normative basis of the study comprises the Constitution of the Republic of Kazakhstan, the Civil Procedure Code, legislative acts on the creation of cassation courts, Constitutional Court Normative Resolution No. 56-NP of 24 December 2024 and official data on the first results of the reform. The research employs formal legal, constitutional legal, institutional and comparative methods, together with analysis of judicial reasoning. The author maintains that the threshold of access to a cassation complaint and the threshold of interference with a final judicial act must be separated. The scientific contribution lies in a two-contour test of permissible cassation review: the first contour verifies the procedural admissibility of the complaint, while the second assesses a qualified legal error, its impact on the outcome, proportionality of interference and the least destabilizing remedy. The practical value of the study consists in using this test for cassation reasoning, drafting complaints and evaluating future judicial practice.