THE ORDER OF THE HEAD OF DEPARTMENT ON ENSURING ACTIVITY OF THE COURTS UNDER THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN (THE OFFICE OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN)

of May 11, 2016 No. 6001-16-7-6/196

About approval of the Instruction about rendering by courts the Republic of Kazakhstan legal assistance and the request for legal assistance to courts of foreign states

According to part six of Article 476 of the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015 I ORDER:

1. Approve the enclosed Instruction about rendering by courts the Republic of Kazakhstan legal assistance and the request for legal assistance to courts of foreign states.

2. To provide to department of international backgrounds and Protocol of Department of ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration the direction of this order on official publication in periodic printing editions and in information system of law of Ad_let;

3) within five working days from the date of receipt of the registered this order the direction it in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on Internet resource of the Supreme Court of the Republic of Kazakhstan.

3. To impose control of execution of this order on the deputy manager of Department on ensuring activity of the courts in case of the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) Fedotov V. D.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of May 11, 2016 with No. 6001-16-7-6/196

The instruction about rendering by courts the Republic of Kazakhstan legal assistance and the request for legal assistance to courts of foreign states

Chapter 1. General provisions

1. This Instruction about rendering by courts the Republic of Kazakhstan legal assistance and the request for legal assistance to courts of foreign states (further - the Instruction) disaggregates rendering by courts the Republic of Kazakhstan legal assistance and the request for legal assistance to courts of foreign states in the field of the international legal cooperation.

2. The concepts containing in this Instruction have the following value:

1) competent authority - the public institution or court of the Republic of Kazakhstan or foreign state authorized on implementation of the intercourses concerning rendering legal assistance on civil, family and criminal cases, and also cases on administrative offenses according to the international treaty or the national legal system of the relevant state;

2) the international treaty of the Republic of Kazakhstan - the international agreement signed by the Republic of Kazakhstan with foreign state (or the states) or with the international organization in writing and regulated by international law irrespective of, such agreement contains in one document or in several documents connected among themselves, and also irrespective of its specific name;

3) legal assistance - carrying out one state by court according to the order or the petition which arrived from the competent authorities of other state, legal proceedings necessary for legal proceedings of case or recognition and permission of execution of the court ruling;

4) the order - the court document about delivery of documents and production of separate legal proceedings in the territory of other state;

5) the petition - the appeal of physical person or legal entity, or court with request for recognition and permission of execution of the court ruling in the territory of other state.

3. Courts give legal assistance, proceeding from specific circumstances, interests of justice and society in general, and according to the legislation and/or international treaties ratified by the Republic of Kazakhstan.

4. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in the legislation of the Republic of Kazakhstan are applied rules of the international treaty.

In the absence of the international treaty of the Republic of Kazakhstan the legal assistance can be given based on request of competent authority of foreign state or is requested by court of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan on the principle of reciprocity.

5. Courts of the Republic of Kazakhstan interact with courts and other organizations of foreign states concerning rendering legal assistance on civil, family and criminal cases, and also cases on administrative offenses through the central and territorial authorities authorized on implementation of the intercourses according to the international treaty or the legislation of the Republic of Kazakhstan.

6. Direct interaction of courts of the Republic of Kazakhstan with courts and other organizations of foreign states is allowed only in the cases provided by the international treaty ratified by the Republic of Kazakhstan.

7. Orders of courts and other organizations of foreign states are performed by courts of the Republic of Kazakhstan when obtaining them through Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) (further - Department) or its territorial authorities in areas, the capital and the cities of republican value (further - Administrators of courts) if other procedure for transfer of documents is not provided in the international treaty ratified by the Republic of Kazakhstan.

The orders of courts or other organizations of foreign states which arrived in courts in defiance of procedure for the intercourses are not subject to execution and return to the initiator through the central or territorial authority authorized on implementation of the intercourses according to the international treaty or the legislation of the Republic of Kazakhstan.

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