ЕҢБЕК ҚҰҚЫҚТАРЫН СОТ АРҚЫЛЫ ҚОРҒАУДЫҢ ПРОЦЕСТІК КЕПІЛДІКТЕРІ: ХАЛЫҚАРАЛЫҚ СТАНДАРТТАР ЖӘНЕ ҚАЗАҚСТАН СОТ ПРАКТИКАСЫ

Abstract

The article examines procedural guarantees for the judicial protection of labour rights, their constitutional and legal foundations, and their relationship with international labour standards and fair trial standards. The study aims to identify the main procedural guarantees for the judicial protection of labour rights and to substantiate directions for their improvement based on an analysis of the legislation of the Republic of Kazakhstan, international standards, and judicial practice. The study employs formal legal, comparative legal, systemic-structural methods, and qualitative analysis of law-enforcement practice. The empirical basis comprises nine judicial decisions on labour disputes issued between 2022 and 2026. The findings show that formal procedural equality of the parties does not always ensure equal practical access to evidence, since a significant part of employment-related documentation is held by the employer. Accordingly, equality and the adversarial nature of proceedings, the burden of proof, and mechanisms for obtaining evidence are considered interrelated procedural guarantees. No direct references to international standards were identified in the judicial decisions examined; this conclusion is limited to the cases included in the study and is not generalized to the judicial practice of the Republic of Kazakhstan as a whole. The study substantiates the need for effective use of existing procedural mechanisms for access to evidence, consideration of international standards when interpreting national procedural rules, and consistent application of legal rules.