of October 31, 2015 No. 377-V ZRK
1. The procedure for civil administration of justice in the territory of the Republic of Kazakhstan is determined by the constitutional laws of the Republic of Kazakhstan, the Code of civil procedure of the Republic of Kazakhstan based on the Constitution of the Republic of Kazakhstan and the conventional principles and rules of international law. Provisions of other laws regulating procedure for civil legal proceedings are subject to inclusion in this Code.
2. The international contractual and other commitments of the Republic of Kazakhstan, and also normative resolutions of the Constitutional Council and Supreme Court of the Republic of Kazakhstan are component of civil procedural law.
3. The legislation of the Republic of Kazakhstan on civil legal proceedings establishes procedure for hearing of cases on the disputes arising from civil, family, employment, housing, financial, economic, land and other legal relationship, and also cases of special proceeding.
1. The constitution of the Republic of Kazakhstan has the highest legal force and direct action in all territory of the Republic. In case of contradiction between regulations of this Code and the Constitution of the Republic of Kazakhstan Constitution provisions are effective.
2. In case of contradiction between regulations of this Code and the Constitutional law of the Republic of Kazakhstan provisions of the Constitutional law are effective. In case of contradiction between regulations of this Code and other laws provisions of this Code are effective.
3. The international agreements ratified by the Republic of Kazakhstan have priority before this Code and are applied directly, except cases when follows from the international treaty that its application requires the publication of the law.
1. Civil legal proceedings are performed according to the civil procedural law enacted by the time of accomplishment of legal proceeding or adoption of the proceeding decision.
2. The civil procedural law assigning new obligations, canceling or diminishing the rights belonging to participants of process, limiting their use with additional terms has no retroactive force.
3. Admissibility of proofs is determined according to the law existing at the time of their obtaining.
Tasks of civil legal proceedings are protection and recovery of the violated or disputed rights, freedoms and legitimate interests of citizens, the state and legal entities, respecting the rule of law in civil circulation and the public relations, assistance to peaceful settlement of dispute, the prevention of offenses and forming in the society of respect for the law and court.
1. Civil legal proceedings are performed on the basis of the principles stated in this Chapter.
2. Violation of the principles of civil legal proceedings depending on its nature and materiality attracts cancellation of the taken-out court resolutions.
1. The court by consideration and permission of civil cases shall observe precisely requirements of the Constitution of the Republic of Kazakhstan, the constitutional laws of the Republic of Kazakhstan, of this Code, other regulatory legal acts which are subject to application of international treaties of the Republic of Kazakhstan.
2. Courts have no right to apply the laws and other regulatory legal acts infringing the rights and freedoms of man and citizen affirmed by the Constitution. If the court sees that the law or other regulatory legal act which is subject to application infringes at the rights and freedoms of man and citizen affirmed by the Constitution, it shall suspend proceeedings and address to the Constitutional Council of the Republic of Kazakhstan with idea of recognition of this act unconstitutional. On receipt court of the final decision of the Constitutional Council proceeedings are resumed.
3. Court, having established by consideration and permission of case discrepancy of the act of the state or other body to the law or its edition with abuse of authority, applies the provisions of the law.
4. In case of lack of the rules of law regulating disputable legal relationship, the court applies the rules of law governing the similar relations, and in the absence of such regulations resolves dispute proceeding from the general beginnings and sense of the legislation of the Republic of Kazakhstan.
5. If the law or the agreement of the parties of dispute provide permission of appropriate questions by court, the court shall resolve these questions proceeding from criteria of justice and rationality.
1. Justice on civil cases is performed only by court by the rules established by this Code.
2. Assignment of powers of authority of court somebody attracts the responsibility provided by the law.
3. Decisions extraordinary, and also others illegally the founded courts have no legal force and are not subject to execution.
4. The judgment which was performing civil legal proceedings on incompetent to it to case, exceeded the authority or otherwise significantly broken the principles of civil legal proceedings provided by this Code, are illegal and are subject to cancellation.
5. The judgments on civil case can be checked and reviewed only by the relevant courts according to the procedure, provided by this Code.
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