Justice in the context of modern challenges of the market economy: experience of Russia and Kazakhstan

Abstract

This article presents a comparative legal study of justice issues in the context of economic sanctions and global challenges to the modern legal order, analyzing the commonalities and specificities of the legislative and law enforcement practices of Russia and the Republic of Kazakhstan in addressing these issues. It explores some of the specific features of the judicial systems of these countries, as well as the main areas of judicial activity within the framework of economic constitutionalism and its fundamental principles related to the relationship between business and government and the protection of the rights of business entities. In analyzing the role of the judiciary in the market system, special attention is paid to the activities of the constitutional justice bodies of the two countries, their decisions both to protect and develop national economies, and to creating conditions for sustainable economic growth in the context of ensuring state sovereignty and investment attractiveness. In this regard, a comparative legal study of ensuring the uniformity of judicial practice in resolving economic disputes and, on this basis, the development of precedent-based principles in the legal systems of Russia and the Republic of Kazakhstan is of great importance.

References

1. Ablaeva, E.B. (2020). Specialized Economic, Financial, and Administrative Courts of Kazakhstan: History, Current State, and Development Prospects. Lex Russica, Vol. 73, 3, pp. 121–134 (in Russ.).
2. Adashkin, D.A. (2021). The Essence and Social Functions of the Judiciary in Modern Russia. Actual Problems of Russian Law, 8, pp. 42–51 (in Russ.).
3. Barenboim, P.D., Gadzhiev, G.A. and Lafitsky, V.I. (2005). Constitutional Economics: Problems of Theory and Practice. Journal of Foreign Legislation and Comparative Law, 2, pp. 3–11 (in Russ.).
4. Bondar, N.S. (2023). Strategy of Legal Regulation of the Judiciary: From Scientific Concept to Implementation Practice. Russian Justice, 9, pp. 3–13 (in Russ.).
5. Bondar, N.S. (2025). Economic Constitutionalism: Judicial Doctrine and Practice. Moscow (in Russ.).
6. Bondar, N.S., Malyutin, N.S. and Gataullin, S.T. (2024). Constitutional foundations of judicial-jurisdictional mechanisms for overcoming anti-Russian sanctions. Jurist, 12, pp. 33–43 (in Russ.).
7. Zhilin, G.A. (2010). Civil Justice: Current Issues. Moscow (in Russ.).
8. Ilyasova, I.S. (2024). Some problems of protecting constitutional rights and freedoms of business entities in the Republic of Kazakhstan. Bulletin of the L.N. Gumilyov Eurasian National University. Series: Law, 3(148), pp. 226–238 (in Russ.).
9. Irkhin, I.V. (2024). Public Law Foundations of Sustainable Development (International, African, and Russian Experience). Moscow (in Russ.).
10. Kleandrov, M.I. (2019). The Constitution of the Russian Federation and the Structure of the Domestic Judicial System: What Would We Like to See It Like? Russian Justice, 1, pp. 47–52 (in Russ.).
11. Kozlova, E.B. (2024). Development of contractual mechanisms of public-private partnership as a factor in achieving sustainable economic growth. Business and Law, 6, pp. 27–41 (in Russ.).
12. Gadzhiev, G.A. (Ed.). (2010). Constitutional Economics. Moscow (in Russ.).
13. Khabrieva, T.Y. and Tikhomirov, Y.A. (Eds.). (2024). Scientific Concepts for the Development of Russian Legislation: Monograph. Moscow (in Russ.).
14. Malinovsky, V.A. (2024). Constitutional Economics in Kazakhstan: a Breakthrough Project to Be! Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan, 4(79), pp. 315–318 (in Russ.).
15. Malinovsky, V.A. (2025). Constitutional regulation of the economy: Kazakhstan in search of an optimal model. Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan, Vol. 80, 1, pp. 45–55 (in Russ.).
16. Nygmet, K. (2024). Judicial reform: realities and prospects. Kazakhstanskaya Pravda (in Russ.).
17. Khabriyeva, T.Y., Emelianov, A.S. and Zaloilo, M.V. (Eds.). (2025). Lawmaking in the Context of International Regionalization: Monograph. Moscow (in Russ.).
18. Bondar, N.S. (Ed.). (2024). Judicial Jurisprudence: From Doctrine to Uniformity of Judicial Practice: Monograph. Moscow (in Russ.).
19. Yakovlev, V.F. (2003). Economics. Right. Court. Moscow (in Russ.).
20. Kameri-Mbote, P. and Odote, C. (2009). Courts as Champions of Sustainable Development: Lessons from East Africa. Sustainable Development Law & Policy, Vol. 10, Is. 1, pp. 31–41.