How to File a Lawsuit in Kazakhstan

How to File a Lawsuit in Kazakhstan:

A Complete Lawyer’s Guide (Updated for 2026)

If you plan to file a lawsuit in Kazakhstan, it is critical to understand the real procedural rules, digital filing requirements, pre-trial claim obligations, and the hidden risks that most foreigners and even local litigants overlook.

This guide explains, step by step, how to properly prepare and file a claim in Kazakhstan, how to avoid fatal procedural mistakes, and how to protect your legal and financial interests.

Author: Attorney Samat Sagidanov
Practice Areas: Civil, Commercial & Cross-Border Disputes, Kazakhstan
Specialization: Recovery of advance payments, international disputes, commercial litigation, startups, investments
Consultations: WhatsApp +7-702-847-80-20 | www.garantplus.kz

If you do not have time to study all procedural nuances — contact me directly.
I provide consultations in English, Russian, and Chinese.
You may write to me via WhatsApp or email at garantplus.kz@mail.ru in any language.
I arrange professional legal translation and provide a legally precise answer to eliminate risks and misunderstandings.

Why This Article Is More Important Than Official Instructions on gov.kz

The query “How to file a lawsuit in Kazakhstan” looks simple only at first glance.

In practice, this is exactly the stage where people permanently lose their right to judicial protection — even when the law is clearly on their side.

Government portals provide only formal technical guidance:

where to click
what form to fill
which online service to use
They do not answer the most important question:

What happens if you make even one procedural mistake?

The court is not obliged to:

correct your wording
advise what evidence you need
warn you about legal consequences
One procedural error in your claim can permanently block access to court for that dispute.

That is why this article is not just an “instruction manual” —
it is a practical risk-based litigation guide, based on real court practice in 2024–2026.

If you intend to file a lawsuit in Kazakhstan — especially as a foreign investor, company, or individual — you must study this guide carefully. It can reduce your litigation risks dramatically.

What a Lawsuit Really Is — and When You Must File One

A lawsuit is a formal legal request to the court to protect a violated right.

Once you file it, you cannot simply “pause” or “redo” the process without consequences.

In Kazakhstan, lawsuits are typically filed when:

a debtor breaches a contract
money is not returned
damages are caused
family, labor, or property rights are violated
a dispute with a government authority cannot be resolved otherwise
Important:

A court is not a place to argue emotionally.
It is a rigid procedural system.

If you violate form, deadlines, jurisdiction, or pre-trial requirements —
the court will not examine the merits at all.

Legal Framework Governing Lawsuits in Kazakhstan

Filing a lawsuit is primarily governed by the Civil Procedure Code of the Republic of Kazakhstan (CPC RK).

It defines:

formal requirements for a claim
filing procedures
deadlines
grounds for returning or rejecting claims
Also applicable:

Civil Code of Kazakhstan — substantive law
Tax Code — state court fees
Law “On the Judicial System and Status of Judges”
Rules on digital justice and electronic signatures
⚠️ Critical 2025–2026 reality:
Kazakhstan’s courts have become extremely formalistic, especially for online filings.

Judges now mass-return claims for even minor technical violations — without analyzing the substance.

Where Filing a Lawsuit Really Begins (And Why Most People Start Wrong)

Most people begin with drafting the claim text.
This is a fatal mistake.

Before writing a single line, you must answer four core legal questions.

1. Jurisdiction — Which Court Exactly?

General rule:
File at the defendant’s place of residence or registration.

But there are dozens of exceptions:

contractual jurisdiction clauses
exclusive jurisdiction (e.g., real estate)
specialized courts (commercial, administrative)
📌 If you choose the wrong court —
your claim will be automatically returned.

For foreign parties, jurisdiction mistakes are the #1 cause of procedural collapse.

2. Is a Mandatory Pre-Trial Claim Required?

For many categories of disputes, Kazakh law requires that you first send a formal pre-trial claim:

contractual disputes
many business disputes
certain consumer and commercial matters
If you fail to send such a claim —
the court will return your lawsuit without consideration.

That leads not only to loss of time but also to re-payment of the state court fee.

⚠️ Critical Procedural Trap:

Your pre-trial claim and your future lawsuit must be legally identical in substance.

In Kazakhstan:

the subject of the claim
its legal grounds
its reasoning
its final demands
must match in both documents.

Any discrepancy gives the court legal grounds to rule that the pre-trial procedure was not complied with and to return your lawsuit.

This mistake is irreversible.

Once a wrong pre-trial claim is sent, you cannot fix your legal position retroactively.

That is why a lawyer must be involved before the first letter is sent to your opponent.

⚠️ Strategic Risk for Foreign Claimants

Any procedural mistake at the pre-trial stage creates irreversible consequences:

you must re-pay the court fee
restart the entire process
lose valuable time
Meanwhile, a dishonest debtor who learns about your intentions can:

empty bank accounts
transfer assets
restructure ownership
This can make even a successful court judgment impossible to enforce.

Mandatory Attachments at Pre-Trial Stage

Kazakh law often requires attaching documents already at the pre-trial stage.

Examples:

contract termination → draft settlement agreement
construction disputes → completion certificates
Without these attachments, your claims will not be examined on the merits.

This is another reason why litigation strategy must be designed with a lawyer before the first procedural step.

3. Has the Limitation Period Expired?

In most civil cases:
the limitation period is 3 years.

But there are exceptions:

labor disputes
family disputes
special statutory claims
📌 The court applies limitation periods even if the defendant remains silent.

Important Myth About Limitation Periods

Many believe that filing a lawsuit after 3 years is pointless.

This is false.

Under Kazakh law:

the court must accept the claim even after 10+ years
the judge cannot apply limitation periods on their own
The court may reject the claim only if:

the defendant files a written motion invoking limitation periods before judgment.
This means that with proper procedural strategy and a passive opponent, even “hopeless” debts can still be recovered.

4. Do You Have Evidence — Not Just a Feeling of Being Right?

Courts consider only evidence, not emotions.

Relevant evidence includes:

contracts
correspondence
payment orders
certificates
expert reports
If your evidentiary logic is weak:

the claim may be accepted
but you will lose on the merits.

⚠️ Key Rule of Kazakh Civil Procedure

The court does not collect evidence for the parties.

The adversarial principle means:

the judge will not look for proof for you
you must submit everything yourself
strictly within procedural deadlines
Any delay or hope that “the court will sort it out” leads to defeat.

Procedural Subtlety:

The court will help you obtain documents (e.g., bank statements, government records) only if you prove that:

you tried to obtain them yourself
and were refused.
That is why a lawyer must initiate formal attorney requests before filing suit.

Even predictable refusals become your procedural “pass” to compel evidence through court.

What a Proper Lawsuit in Kazakhstan Must Look Like

A statement of claim in Kazakhstan must be clear, dry, and legally precise.

It must contain:

the exact name of the court
claimant and defendant details (full name / company name, address, ID numbers, contacts)
a chronological description of facts
legal grounds with references to statutory provisions
precise demands (relief sought)
the claim value (if applicable)
a list of all attachments
❗ The wording of your demands is the most critical element.

⚠️ Procedural Trap:

The court considers only what you explicitly ask for.

Kazakh civil procedure is governed by the principle of dispositiveness.

This means:

the judge has no right to modify or clarify your claims
the court cannot grant relief you did not formally request
If your legal demands are formulated incorrectly, you will lose the case even if you are objectively right.

Examples of Fatal Wording Errors

In construction disputes:
You cannot simply demand money if acceptance certificates are unsigned.
You must first demand recognition of the certificates as valid.
In disputes with authorities:
You cannot force an agency to act without first demanding recognition that its refusal or order is unlawful.
If you violate this hierarchy of legal demands, the court will dismiss your claim for choosing the wrong method of legal protection.

That is why legal logic must be built together with a lawyer before filing.

State Court Fee: Where Most People Fail

Without paying the state fee, your claim will not be accepted.

The fee depends on:

the nature of the dispute (property / non-property)
the claimant’s status (individual / company)
the claim amount
Even a mistake of 1 tenge gives the court grounds to leave the claim without movement.

⚠️ Financial Minefield: How Not to Lose the Court Fee

To avoid having your claim returned, four rules must be strictly complied with:

Payment must be in the exact statutory amount
Payment must be made to the correct court
Correct tax codes and treasury details must be used
Payment must be made strictly by the proper claimant
If a company’s fee is paid by its director personally,
or a private claimant’s fee is paid by a relative —
the court will return the claim without consideration.

Errors in payment orders are the most frequent cause of procedural delays lasting weeks or months.

Why Most Self-Filed Lawsuits Never Reach a Judgment

From my practice, most lawsuits:

are returned
are left without movement
are lost due to formal mistakes
Not because people are “wrong”, but because:

jurisdiction is chosen incorrectly
pre-trial procedure is violated
demands are formulated improperly
evidence lacks logical linkage
📌 The court does not fix the claimant’s mistakes.
📌 There may be no second chance.

Statistical reality:
About 60% of self-filed lawsuits in Kazakhstan are returned without consideration due to formal defects.

STOP HERE — This Is the Most Dangerous Stage

If you have read this far, your issue is already serious.

The most dangerous mistake is filing too fast.

A short legal review before filing often:

saves months of time
preserves money
determines the outcome of the entire case
👉 A pre-filing legal consultation is not a luxury.
It is litigation insurance.

Digital Filing, Risks, and the Winning Strategy

1. Judicial Cabinet — Your Main Tool in 2026

From 2024–2026, almost all courts in Kazakhstan switched to electronic filing via the Judicial Cabinet.

This is not just convenience — it is a legal requirement.

Email filing does not work.

⚠️ Digital Legitimacy Trap

Any claim emailed to a court — even to its official address —
will never be accepted.

Why?

The court cannot verify:

the sender’s identity
the authenticity of the signature
Under Kazakh law, a claim must be filed:

via the Judicial Cabinet using a digital signature (EDS), or
physically in paper form with a handwritten signature.
Email filing is legally equivalent to filing by an unauthorized person.

What You Need

Electronic Digital Signature (EDS)
Registration at office.sud.kz
PDF documents (separate file per attachment)
Online payment of court fee

⚠️ Technological Trap: Silent Rejection

If you upload files in a wrong format or misfill electronic fields,
your claim will be automatically rejected.

The danger:
You will not receive immediate feedback.

You may believe your case is registered,
while the court issues a return ruling days later.

During this time:

limitation periods may expire
asset-freezing opportunities may be lost
Daily professional monitoring of case status is critical.

2. Top-5 Fatal Filing Errors

Failure to comply with pre-trial procedure
Wrong jurisdiction
Defective representation authority
Incorrect fee calculation
Improper claim formulation
⚡ Bottom line:
Even if you are 100% right on the merits,
formal mistakes make your claim legally void.

3. Why Internet Templates Are Dangerous

Wrong wording creates legal prejudice
Old templates ignore CPC 2025–2026 changes
Copy-paste filing guarantees return or stagnation
💡 Saving money on templates can cost months of litigation and thousands in losses.

4. Step-by-Step Online Filing

Register on eGov.kz with EDS
Enter the Judicial Cabinet
Select: Documents → Civil Proceedings → First Instance → Claim
Fill in claimant/defendant data
Upload PDFs
Pay the court fee
Sign with EDS
Submit
Check registration status

5. What Happens After Filing

Court review: 5 business days
Case acceptance and scheduling
Hearing or written procedure
Judgment
Appeal (1 month)
Enforcement via bailiffs or recognition abroad
⚠️ 70% of cases may be reviewed under simplified procedure.

⚠️ Simplified Procedure Trap

Fast = dangerous.

If your claim or evidence has defects:

the defendant can later overturn the judgment
the case restarts
assets vanish during delay

6. Top-10 Errors to Avoid

Incomplete defendant data
Expired limitation period
Wrong penalty calculation
Weak evidence
Wrong jurisdiction
Unpaid or mispaid fee
Emotional text
No legal references
Bad scans
Ignoring CPC changes

7. Why You Should Work With a Lawyer

Self-filing works only for very small disputes.

Complex disputes require:

risk analysis
evidence strategy
legal positioning
enforcement planning
My experience:
15+ years of litigation in Kazakhstan, including cross-border disputes with the USA, UK, and EU.
Translations, apostilles, enforcement — turnkey.

Final Call to Action (As Requested)

If the matter is serious, trust a professional.
I am Attorney Samat Sagidanov, licensed No. 0000650 dated 26.04.2006.
I will help you prepare a response or claim that wins.

👉 Have your document reviewed:
Write to WhatsApp +7-702-847-80-20 or email garantplus.kz@mail.ru describing your case.
You will receive a primary legal analysis and strategic conclusion.
Do not wait until the court decides without you.

“You may write in any convenient language (Russian, English, or Chinese).
I personally arrange translation and provide a legally grounded response
to guarantee the protection of your assets and capital.
Just write to me on WhatsApp or email — I will study your case and reply as soon as possible.”

I hope this article was useful.
Share your experience in the comments — let’s help each other.

© Attorney S.S. Sagidanov. All rights reserved.