Advantage and Risks of the Specialization of Courts in Social and Labor Disputes

Abstract

There are no comparative studies of judicial specialization concerning Kazakhstani practice, and the methodology for assessing its specific advantages and disadvantages has not been developed. After a few remarks on the advantages and disadvantages of judicial specialization, this manuscript takes a detailed look at the state of the problem in Kazakhstan, where the announced reforms indicate a new trend in favor of the creation of 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 evaluating its implementation from different angles and in light of all the possible side effects that it may have on the proper administration of justice, as well as on the core purposes and values of the judiciary. The paper highlights the factors that make up the argument for the creation of social and labor courts in Kazakhstan. It also argues that the basis for the creation of specialized social and labor courts in Kazakhstan might be something more than just increasing 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 the potential danger of influencing social peace and stability.