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Bulletin of Abai KazNPU. Series of Jurisprudence

ON THE ISSUE OF SPECIALIZATION OF COURTS ON SOCIAL AND LABOR DISPUTES

Published September 2022
Kazakh National Pedagogical University named after Abay
Kazakh National Pedagogical University named after Abay
Abstract

There are virtually no comparative studies of judicial specialization in relation to Kazakh practice, and the methodology for assessing its specific advantages and disadvantages has not been developed. After several comments on the advantages and disadvantages of judicial specialization, this manuscript examines in detail the state of the problem in Kazakhstan, where the announced reforms indicate a new trend in favor of creating new specialized courts. It is concluded that specialization indicates the development and functionality of the judicial system of the state. Specialization is both the basis for building the country's judicial system and an important means of its dynamic progressive development. At the same time, judicial specialization should be approached with extreme caution, always assessing its implementation from different sides and in the light of all possible side effects that it may have for the proper administration of justice, as well as for the main goals and values of the judicial system. The paper highlights the factors that make up the argumentation of the creation of social and labor courts in Kazakhstan. We also argue that the basis for the creation of specialized social and labor courts in Kazakhstan may be something more than just improving the competence and efficiency of the court; this signals a step towards making decisions focused on the qualitative resolution of social and labor conflicts that have a potential danger of affecting the stability of statehood.

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