of July 13, 1999 No. 411-I ZRK
Table of contents
Section 1. General provisions
Chapter 1. Civil procedural legislation of the Republic of Kazakhstan
Article 1. The relations regulated by the civil procedural legislation
Article 2. Legislation on civil legal proceedings of the Republic of Kazakhstan
Article 3. Application in civil legal proceedings of the precepts of law prevailing
Article 4. Operation of the civil procedural law in time
Chapter 2. Tasks and principles of civil legal proceedings
Article 5. Tasks of civil legal proceedings
Article 6. Legality
Article 7. Justice implementation only court
Article 8. Judicial protection of the rights, freedoms and legitimate interests of person
Article 9. Respect of honor and advantage of the personality
Article 10. Personal privacy. Mystery of correspondence, telephone negotiations, post, cable and other messages
Article 11. Security of property
Article 12. Independence of judges
Article 13. Equality of all before the law and court
Article 14. Legal proceedings language
Article 15. Competitiveness and equality of participants
Article 16. Assessment of proofs on internal belief
Article 17. Release from obligation to give the testimony
Article 18. Providing rights to qualified legal aid
Article 19. Publicity of legal proceedings
Article 20. Safety during legal proceedings
Article 21. Obligation of court resolutions
Article 22. Freedom of appeal of court resolutions
Article 23. Value of the principles of civil legal proceedings
Chapter 3. Jurisdiction and cognizance
Article 24. Jurisdiction of civil cases to courts
Article 25. Transfer of disputes on permission of arbitration or reference tribunal, and also according to the procedure of mediation
Article 26. Priority of judicial jurisdictionArticle 27. Civil cases, cognizable to district (city) court and courts equated to them
Article 28. It is excluded by the Law of the Republic of Kazakhstan of December 10, 2009 No. 227-IV
Article 29. It is excluded by the Law of the Republic of Kazakhstan of December 10, 2009 No. 227-IV
Article 30. Cognizance of civil cases to specialized freighters
Article 31. Presentation of the claim for the location of the defendant
Article 32. Cognizance at the choice of the claimant
Article 33. Exclusive cognizance
Article 34. Contractual cognizance
Article 35. Several connected among themselves put cognizance
Article 36. Case referral from production of one court in another
Chapter 4. Structure of court, branches
Article 37. Structure of court
Article 38. Procedure for permission of questions joint structure of court
Article 39. Inadmissibility of repeated participation of the judge in consideration of the case
Article 40. Bases for removal of the judge
Article 41. Bases for removal of the prosecutor, expert, specialist, translator, court session secretary
Article 42. Statements for branches (rejections) and procedure for their permission
Article 43. Consequences of allowance of the application about branch (rejection)
Chapter 5. Persons participating in case
Article 44. The list of persons participating in case
Article 45. Civil standing in court
Article 46. Civil procedural capacity to act
Article 47. The rights and obligations of persons participating in case
Article 48. Parties
Article 49. Change of the basis or subject of action, abandonment of claim, recognition of the claim, voluntary settlement
Article 50. Participation in case of several claimants or defendants
Article 51. Replacement of the inadequate defendant
Article 52. The third parties declaring independent requirements regarding dispute
Article 53. The third parties who are not declaring independent requirements regarding dispute
Article 54. Procedural legal succession
Article 55. Participation of the prosecutor in civil legal proceedings
Article 56. Appeal to the court in protection of the rights of other persons, public and state interests
Article 57. Participation in process of state bodies and local government bodies for making the conclusion on case
Chapter 6. Representation in court
Article 58. Conducting case through representatives
Article 59. Representation according to the order
Article 60. Persons who cannot be representatives in court
Article 61. Powers of the representative
Article 62. Registration of powers of the representative
Article 63. Legal representatives
Chapter 7. Proofs and proof
Article 64. Proofs
Article 65. Proof obligation
Article 66. Production of evidence
Article 67. Relevancy of proofs
Article 68. Admissibility of proofs
Article 69. Actual data, inadmissible as proofs
Article 70. Reliability of proofs
Article 71. Bases of release from proof
Article 72. Court orders
Article 73. Procedure for accomplishment of the court order
Article 74. Providing proofs
Article 75. Statement for providing proofs
Article 76. Procedure for providing proofs
Article 77. Assessment of proofs
Article 78. Explanations of the parties and third parties
Article 79. Testimony
Article 80. Obligations and rights of the witness
Article 81. Written proofs
Article 82. Procedure for collecting of written proofs
Article 83. Obligation of submission to court of written proofs
Article 84. Survey and research of written proofs in the place of their storage
Article 85. Return of authentic written proofs
Article 86. Physical evidences
Article 87. Storage and survey of physical evidences
Article 88. Survey of the physical evidences which are exposed to bystry spoil
Article 89. Order physical evidences
Article 90. Scientific and technical means in the course of proof
Article 91. Purpose of examination
Article 91-1. Receipt of samples
Article 91-2. Receipt of samples by the specialist or expert from living person
Article 91-3. Protection of the rights of the personality in case of receipt of samples
Article 92. Rights and expert's obligations
Article 93. Procedure for production of examination
Article 94. Individual and commission examination
Article 95. Complex examination
Article 96. Expert opinion
Article 97. The message on impossibility to draw the conclusion
Article 98. Additional and repeated examinations
Article 98-1. Interrogation of the expert
Article 99. Involvement of the specialist to participation in legal proceedings
Chapter 8. Court costs
Article 100. Concept and structure of court costs
Article 101. State fee
Article 102. Claim price
Article 103. Surcharge of the state fee
Article 104. Exemption of the state fee
Article 105. It is excluded by the Law of the Republic of Kazakhstan of December 13, 2004 No. 11-III
Article 105-1. Payment deferral of the state fee
Article 106. Return of the state fee
Article 107. The costs connected with proceeedings
Article 108. The amounts which are subject to payment to witnesses, experts, specialists and translators
Article 109. Payment of the amounts which are due to witnesses, experts, specialists and translators
Article 110. Distribution of court costs between the parties
Article 111. Expense recovery on payment of the help of the representative
Article 112. Claiming damages for loss of time
Article 113. Distribution of court costs in case of abandonment of claim and the voluntary settlement
Article 114. Rendering free legal aid to citizens
Article 115. Compensation to the parties of court costs
Article 116. Compensation to the state of court costs
Article 117. Appeal and protest of determinations on the questions connected with court costs
Chapter 9. Enforcement measure and responsibility for disrespect for court
Article 118. Enforcement measures for disrespect for court
Article 119. Drive
Article 120. Removal from court room
Article 121. Measures of responsibility for disrespect for court
Article 122. Application of enforcement measures and responsibility for disrespect for court. Procedure for their appeal and protest
Chapter 10. Procedural terms
Article 123. Terms of making of legal proceedings
Article 124. Calculation of procedural terms
Article 125. Termination of procedural terms
Article 126. Consequences of the omission of procedural terms
Article 127. Suspension of procedural terms
Article 128. Prolongation and recovery of procedural terms
Chapter 11. Judicial notices and challenges
Article 129. Judicial notices and challenges
Article 130. Contents of the agenda or other notice, challenge
Article 131. Delivery of the agenda
Article 132. Delivery of the agenda
Article 133. Consequences of refusal of adoption of the agenda or other notice, challenge
Article 134. Change of the address, subscriber number of cellular communication and the e-mail address during proceeedings
Article 135. Uncertainty of the place of stay of the defendant and his search
Chapter 12. It is excluded by the Law of the Republic of Kazakhstan of July 11, 2001 No. 238-II
Section 2. Production in Trial Court
Subsection 1. Mandative production
Chapter 13. Mandative production
Article 139. Debt collection based on the writ
Article 140. Requirements according to which the writ is taken out
Article 141. Form and content of the statement for pronouncement of the writ
Article 142. State fee
Article 143. The bases to refusal in acceptance and to return of the statement for pronouncement of the writ
Article 144. Remedial action in the statement
Article 145. Procedure and term of pronouncement of the writ
Article 146. Contents of the writ
Article 147. Direction to the debtor of the copy of the writ
Article 148. Cancellation of the writ
Article 149. Issue of the writ to the claimant
Chapter 13-1. Hearing of cases according to the procedure of the simplified production
Article 149-1. Procedure for the simplified production
Article 149-2. The cases considered according to the procedure of the simplified production
Article 149-3. Features of hearing of cases according to the procedure of the simplified production
Article 149-4. The decision on the case considered according to the procedure of the simplified production
Subsection 2. Claim production
Chapter 14. Presentation of the claim
Article 150. Action for declaration form and content
Article 151. The documents enclosed to the action for declaration
Article 152. Adoption of the action for declaration
Article 153. Refusal in adoption of the action for declaration
Article 154. Return of the action for declaration
Article 155. Leaving of the action for declaration without movement
Article 156. Presentation of the counter action
Article 157. Conditions of adoption of the counter action
Chapter 15. Providing claim
Article 158. Bases for providing the claim
Article 159. Measures for providing the claim
Article 160. Consideration of the application about providing the claim
Article 161. Execution of determination about providing the claim
Article 162. Replacement of one type of providing claim with another
Article 163. Discharge of the security of the claim
Article 164. Appeal of determinations concerning providing the claim
Article 165. Compensation to the defendant of the losses caused by providing the claim
Chapter 16. Preparation of case for legal proceedings
Article 166. Case preparation tasks
Article 167. Terms of preparation of case for legal proceedings
Article 168. Determination about preparation of case for legal proceedings
Article 169. The direction of copies of the application and the documents attached to it to the defendant
Article 169-1. Response on the action for declaration
Article 170. Actions of the judge for preparation of case for legal proceedings
Article 171. Connection and separation of several claims
Article 172. Suspension, suit abatement and leaving of the statement without consideration by preparation of case for legal proceedings
Article 173. Purpose of case to legal proceedings
Chapter 16-1. Voluntary settlement
Article 173-1. Conciliation of the parties
Article 173-2. Conclusion of the voluntary settlement
Article 173-3. Form and content of the voluntary settlement
Article 173-4. Approval of the voluntary settlement by court
Article 173-5. Execution of the voluntary settlement
Chapter 17. Legal proceedings
Article 174. Terms of consideration and permission of civil cases
Article 175. Judicial session
Article 176. The chairman in judicial session
Article 177. Spontaneity and ustnost of legal proceedings
Article 178. Procedure in judicial session
Article 179. The measures applied to troublemakers in judicial session
Article 180. Opening of judicial session
Article 181. Check of appearance of participants of process
Article 182. Explanation to the translator of its obligations
Article 183. Removal of witnesses from courtroom
Article 184. Announcement of structure of court and explanation of right of challenge
Article 185. Explanation to persons participating in case, their rights and obligations
Article 186. Permission court of petitions of persons participating in case
Article 187. Absence consequences in judicial session of persons participating in case and representatives
Article 188. Absence consequences in judicial session of the witness, expert, specialist, translator
Article 189. Case trial adjournment
Article 190. Interrogation of witnesses in case of case trial adjournment
Article 191. Explanation to the expert and specialist of their rights and obligations
Article 192. Beginning of substantive prosecution
Article 193. Refusal of the claimant of the claim, recognition of the claim by the defendant and voluntary settlement of the parties
Article 194. Explanation of persons participating in case
Article 195. Establishment of procedure for research of proofs
Article 196. The warning of the witness of responsibility for standing mute and for making obviously false evidences
Article 197. Procedure for interrogation of the witness
Article 198. Use by the witness of written materials
Article 199. Interrogation of the minor witness
Article 200. Announcement of testimonies of the witness
Article 201. Research of documents
Article 202. Announcement and research of personal correspondence and cable messages of citizens
Article 203. Research of physical evidences
Article 204. Survey on the place
Article 205. Sound recording reproduction, demonstration of video, film materials and their research
Article 206. Expert opinion research
Article 207. Consultation (explanations) of the specialist
Article 208. Statement for subfalsehood of the proof
Article 209. Conclusions of state bodies and local government bodies
Article 210. End of substantive prosecution
Article 211. Judicial debate
Article 212. Remarks
Article 213. Conclusion of the prosecutor
Article 214. Renewal of substantive prosecution
Article 215. Removal of court for decision
Article 216. Announcement of the decision
Chapter 18. Judgment and procedure for its execution
Article 217. Decision
Article 218. Legality and justification of the decision
Article 219. The questions resolved in case of decision
Article 220. It is excluded according to the Law of the Republic of Kazakhstan of 17.02.2012 No. 565-IV ZRK
Article 221. Contents of the decision
Article 222. Decision on recognition illegal actions (failure to act) and decisions of state bodies, local government bodies and officials
Article 223. Decision on collection of sums of money
Article 224. Decision on recognition of executive or other document invalid
Article 225. Decision on the conclusion or change of the agreement
Article 226. Decision on award of property or its cost
Article 227. The decision obliging the defendant to make certain actions
Article 228. The decision for benefit of several claimants or against several defendants
Article 229. It is excluded according to the Law of the Republic of Kazakhstan of 17.11.2014 No. 254-V ZRK
Article 230. Correction of slips and appreciable arithmetic errors in the decision
Article 231. Additional decision
Article 232. Decision explanation
Article 233. Delay and extension of the deadline for executing decision, change of method and procedure for execution of the decision
Article 234. Indexation of the awarded sums of money
Article 235. The introduction of the judgment in legal force
Article 236. Execution of the decision
Article 237. The decisions which are subject to immediate execution
Article 238. The right of court to turn the decision to immediate execution
Article 239. Ensuring execution of the decision
Article 240. Delay and extension of the deadline for executing judgment, change of method and procedure for its execution, approval of the voluntary settlement
Article 240-1. Judgment execution turn
Article 240-2. Consideration of question of judgment execution turn
Article 240-3. Permission of question of turn of execution of the court ruling of court of appeal, cassation or supervising instances
Article 240-4. Consideration of representations of the legal executiveArticle 240-5. Appeal of actions (failure to act) of the legal executive in case of execution of the decision
Article 240-6. Protection of the rights of other persons in case of execution of the decision
Article 240-7. Authorization of the resolution of the legal executive
Article 241. Dispatch and issue to persons participating in case, copies of the judgment
Chapter 18-1. Execution of the decision of reference tribunal
Article 241-1. Forced execution of the decision of reference tribunal
Article 241-2. Issue of writ of execution
Article 241-3. Refusal in issue of writ of execution
Chapter 19. Suspension of proceeedings
Article 242. Obligation of court to suspend production
Article 243. The right of court to suspend production
Article 244. Production suspension terms
Article 245. Appeal or protest of determination of court about production suspension
Article 246. Production renewal
Chapter 20. Suit abatement
Article 247. Bases of suit abatement
Article 248. Procedure and consequences of suit abatement
Chapter 21. Leaving of the statement without consideration
Article 249. The bases of leaving of the statement without consideration
Article 250. Procedure and consequences of leaving of the statement without consideration
Chapter 22. Determination of court
Article 251. Determination of court and procedure for its removal
Article 252. Determination content
Article 253. Private determinations of court
Article 254. Dispatch to persons participating in case, copies of determination of court
Chapter 23. Protocols
Article 255. Obligation of taking the minutes
Article 256. Contents of the protocol
Article 257. Creation of the protocol
Article 257-1. Fixation of judicial session by means audio-or videos (audio-, video protocol)
Article 258. Notes on the protocol
Article 258-1. Notes on audio-or video and the brief protocol of judicial session
Article 259. Consideration of notes on the protocol
Chapter 24. Correspondence production and correspondence decision
Article 260. Bases of the correspondence production
Article 261. Procedure for the correspondence production
Article 262. Contents of the correspondence decision
Article 263. Dispatch of the copy of the correspondence decision
Article 264. Appeal of the correspondence decision
Article 265. Contents of the statement for cancellation of the correspondence decision
Article 266. Actions of court after adoption of the statement
Article 267. Consideration of the application
Article 268. Powers of court
Article 269. The bases to cancellation of the correspondence decision
Article 270. Renewal of consideration of the case
Article 271. Legal force of the correspondence decision
Subsection 3. Special claim proceeding
Chapter 25. Production according to statements for protection of the voting rights of the citizens and public associations participating in elections, referenda
Article 272. Filing of application
Article 273. Consideration of the application
Article 274. Judgment and its execution
Chapter 25-1. Production according to statements for contest of decisions, actions (failure to act) of the local executive bodies violating the rights of citizens to participation in criminal trial as the jury member
Article 274-1. Filing of application
Article 274-2. Consideration of the application
Article 274-3. The judgment according to the statement and its execution
Chapter 26. It is excluded according to the Law of the Republic of Kazakhstan of 05.07.2014 No. 236-V ZRK
Chapter 27. Production on cases on contest of decisions and actions (or failure to act) public authorities, local self-government, public associations, the organizations, officials and government employees
Article 278. Filing of application
Article 279. Decisions, the actions (or failure to act) state bodies, local government bodies, public associations, the organizations, officials, government employees which are subject to judicial contest
Article 280. Term for the address with the petition
Article 281. Consideration of the application
Article 282. Judgment and its execution
Chapter 28. Production on cases on contest of legality of regulatory legal acts
Article 283. Filing of application
Article 284. Consideration of the application
Article 285. The judgment according to the statement
Chapter 29. The address of the prosecutor about recognition of acts and actions of bodies and officials illegal
Article 286. The address of the prosecutor in connection with protest variation
Article 287. Consideration of the statement of the prosecutor by court
Article 288. The judgment according to the statement of the prosecutor
Subsection 4. Special proceeding
Chapter 30. General provisions
Article 289. The cases considered by court according to the procedure of special proceeding
Article 290. Procedure for hearing of cases of special proceeding
Chapter 31. Establishment of the facts having legal value
Article 291. Cases on establishment of the facts having legal value
Article 292. The conditions necessary for establishment of the facts having legal value
Article 293. Filing of application
Article 294. Contents of the statement
Article 295. The judgment according to the statement
Chapter 32. Recognition of the citizen is unknown absent or the announcement of the citizen the dead
Article 296. Filing of application
Article 297. Contents of the statement
Article 298. Actions of the judge after adoption of the statement
Article 299. Obligation of participation of the prosecutor
Article 300. Judgment consequences
Article 301. Consequences of appearance or detection of the place of stay of the citizen, acknowledged it is unknown absent or declared the dead
Chapter 33. Recognition of the citizen is limited capable or incapacitated
Article 302. Filing of application
Article 303. Contents of the statement
Article 304. Appointment of the official representative-lawyer as the judge
Article 305. Purpose of examination for determination of mental condition of the citizen
Article 306. Consideration of the application
Article 307. The judgment according to the statement
Article 308. Recognition of the citizen capable
Chapter 33-1. Production on cases on the direction of minors in the special organizations of education or the organization with specific mode of content
Article 308-1. The placement of the minor to the special organization of education or the organization with specific mode of content
Article 308-2. Consideration of the application about the placement of the minor to the special organization of education or the organization with specific mode of content
Article 308-3. The judgment according to the statement for the placement of the minor to the special organization of education or the organization with specific mode of content
Chapter 34. Production on cases on forced hospitalization of the citizen in psychiatric hospital
Article 309. Forced hospitalization
Article 310. Submission due date of the statement
Article 311. Consideration of the application
Article 312. The judgment according to the statement
Chapter 34-1. Hearing of cases about restructuring of the financial organizations and organizations entering into banking conglomerate as the parent organization and not being the financial organizations
Article 312-1. Hearing of cases about restructuring of the financial organizations and organizations entering into banking conglomerate as the parent organization and not being the financial organizations
Article 312-2. Filing of application about restructuring
Article 312-3. Consideration of the application
Article 312-4. The judgment according to the statement
Article 312-5. Approval of the restructuring plan by court
Article 312-6. The judgment about the restructuring termination
Chapter 35. Hearing of cases about bankruptcy of individual entrepreneurs and legal entities, the accelerated rehabilitation procedure and rehabilitation of legal entities
Article 313. Hearing of cases about bankruptcy of individual entrepreneurs and legal entities, the accelerated rehabilitation procedure and rehabilitation of legal entities
Chapter 36. Recognition of movable thing ownerless and recognition of the right of municipal property to real estate
Article 314. Filing of application
Article 315. Contents of the statement
Article 316. Consideration of the application
Article 317. The judgment according to the statement
Chapter 36-1. Production according to statements for adoption (adoption) of the child
Article 317-1. Filing of application
Article 317-2. Contents of the statement
Article 317-3. Actions of the judge after adoption of the statement
Article 317-4. Consideration of the applications
Article 317-5. The judgment according to the statement
Chapter 36-2. Production according to the statement for recognition of the organization performing extremism or terrorist activities in the territory of the Republic of Kazakhstan and (or) other state extremist or terrorist, including about establishment of change of the name by it, and also about recognition of the information materials imported, published, made and (or) extended to the territories of the Republic of Kazakhstan, extremist or terrorist
Article 317-6. Filing of application
Article 317-7. Contents of the statement
Article 317-8. The judgment according to the statement
Chapter 36-3. Production according to statements for recognition of Internet casino, products of foreign mass media distributed to the territories of the Republic of Kazakhstan containing information contradicting legal acts of the Republic of Kazakhstan, illegal
Article 317-9. Filing of application
Article 317-10. Contents of the statement
Article 317-11. The judgment according to the statement
Chapter 36-4. Production according to the statement for expulsion of the foreigner or the person without citizenship out of limits of the Republic of Kazakhstan for violation of the law of the Republic of Kazakhstan
Article 317-12. Filing of application
Article 317-13. Contents of the statement
Article 317-14. Consideration of the application
Article 317-15. The judgment according to the statement
Chapter 37. Establishment of abnormalities of civil registrations
Article 318. Filing of application
Article 319. Contents of the statement
Article 320. The judgment according to the statement
Chapter 38. Claims to notarial actions or refusal in their making
Article 321. Submission of the claim
Article 322. Consideration of the claim
Article 323. The judgment according to the claim
Chapter 39. Recovery of the rights according to the lost bearer securities and order securities (calling production)
Article 324. Filing of application
Article 325. Contents of the statement
Article 326. Actions of the judge after adoption of the statement
Article 327. Statement of the holder of the document
Article 328. Actions of the judge after receipt of the statement from the holder of the document
Article 329. Consideration of the application about recognition of the lost document invalid
Article 330. The judgment according to the statement
Article 331. The right of the holder of the document to make the claim for superficial property acquisition
Section 3. Production on review of court resolutions
Chapter 39-1. Production on cases on appeal of decisions of reference tribunals
Article 331-1. Filing of application
Article 331-2. Consideration of the application
Chapter 40. Appeal appeal, protest of court resolutions
Article 332. Right of appeal appeal and protest of the judgment
Article 333. The courts considering petitions for appeal, protests on the decisions which did not take legal effect
Article 334. Procedure and submission due dates (bringing) of petitions for appeal, protests
Article 335. Contents of the petition for appeal or protest
Article 336. Leaving of the petition for appeal or protest without movement
Article 337. Return of the petition for appeal or protest
Article 338. Actions of Trial Court after receipt of the petition for appeal, protest
Article 339. Accession to the petition for appeal
Article 340. Response on the petition for appeal or protest
Article 341. Refusal of the petition for appeal and withdrawal of protest
Article 342. Refusal of the claimant of the claim and voluntary settlement of the parties
Article 343. Suspension of execution of the decision, resolution
Article 344. Appeal, protest of determination of Trial Court
Article 345. Limits of consideration of the case in appeal procedure
Article 346. Private determination of Appeal Court
Chapter 41. Hearing of cases according to the appeal claim, protest
Article 347. Subject of appeal consideration
Article 348. Preparation for case trial
Article 349. Terms of consideration of the case
Article 350. Production in Appeal Court
Article 351. Beginning of trial of case
Article 352. Absence consequences in judicial session of persons participating in case
Article 353. Permission court of statements of persons participating in case
Article 354. Explanations of persons participating in case
Article 355. Research of proofs
Article 356. Judicial debate
Article 356-1. Protocols of judicial session
Article 357. Removal of court resolution and its announcement
Article 358. Powers of Appeal Court
Article 359. Court resolutions of appellate instance
Article 360. Contents of the appeal resolution, decision
Article 361. It is excluded by the Law of the Republic of Kazakhstan of July 11, 2001 No. 238-II
Article 362. Procedure for consideration of the petition for appeal or the protest which arrived after consideration of the case in appeal procedure
Article 363. It is excluded by the Law of the Republic of Kazakhstan of December 10, 2009 No. 227-IV
Article 364. The bases to cancellation or change of the judgment in appeal procedure
Article 365. Violation or wrong application of regulations of the substantive right
Article 366. Violation or wrong application of regulations of procedural law
Article 367. Cancellation of the decision with suit abatement or leaving of the statement without consideration
Article 368. The introduction in legal force of court resolutions of Appeal Court
Article 369. Return of case to Trial Court
Chapter 42. It is excluded by the Law of the Republic of Kazakhstan of July 11, 2001 No. 238-II
Chapter 42-1. Appeal and protest of the decisions which took legal effect, determinations and resolutions of Trial and Appeal Courts in cassation procedure
Article 383-1. The right of cassation appeal and protest of the decisions which took legal effect, determinations and resolutions of Trial and Appeal Courts in cassation procedure
Article 383-2. The courts considering writs of appeal and protests
Article 383-3. Procedure for reclamation of case, submission of the writ of appeal or protest
Article 383-4. Term on submission of the writ of appeal or protest
Article 383-5. Contents of the writ of appeal or protest
Article 383-6. Return of the writ of appeal or protest
Article 383-7. Actions of the judge after receipt of the writ of appeal or protest
Article 383-8. Accession to the writ of appeal
Article 383-9. Response on the writ of appeal or protest
Article 383-10. Refusal of the writ of appeal and withdrawal of the prosecutor's appeal
Article 383-11. Abandonment of claim and voluntary settlement of the parties
Chapter 42-2. Production in court of cassation instance
Article 383-12. Subject of cassation consideration
Article 383-13. Limits of consideration of the case
Article 383-14. Terms of consideration of the case in cassation instance
Article 383-15. Procedure for consideration of the writ of appeal or protest
Article 383-16. Absence consequences in judicial session of persons participating in case and representatives
Article 383-17. Report of case
Article 383-18. Explanations of persons participating in case
Article 383-19. Permission court of statements of persons participating in case
Article 383-20. Powers of court of cassation instance
Article 383-21. The bases to cancellation of the decisions which took legal effect, resolutions and determinations of Trial and Appeal Courts in cassation procedure
Article 383-22. Acts of court of cassation instance
Article 383-23. Legal force of the court order of cassation instance
Article 383-24. Procedure for consideration of the writ of appeal which arrived after consideration of the case in cassation procedure
Chapter 43. Production according to the procedure of supervision
Article 384. The court resolutions which are subject to revision according to the procedure of judicial supervision
Article 385. Persons having the right to submission of the petition, introduction of representation and bringing of protest to the court resolutions which took legal effect
Article 386. The courts considering cases according to the procedure of supervisionArticle 387. Reasons and the bases for reclamation of cases and review of the court resolutions which took legal effect
Article 388. Terms of appeal, protest of the court resolutions which took legal effect
Article 389. Bringing of protest
Article 390. Content of protest
Article 391. Contents of petitions for contest of court resolution and about bringing of supervising protest
Article 392. Return of the petition or prosecutor's protest
Article 393. Preliminary consideration of the petition
Article 394. The decisions made by results of preliminary consideration of the petition
Article 395. Purpose of court session of supervising instance
Article 395-1. Response on the petition, representation or protest for review of court resolution
Article 396. Suspension of execution of the court ruling
Article 397. Limits of consideration of the case
Article 398. Procedure for consideration of the case in supervising instance, the judgments of supervising instance
Article 399. Contents of the court order of supervising instance
Article 400. The introduction of the court order of supervising instance in legal force
Article 401. It is excluded by the Law of the Republic of Kazakhstan of December 10, 2009 No. 227-IV
Article 402. It is excluded by the Law of the Republic of Kazakhstan of December 30, 2005 No. 111-III
Article 403. Consideration of the case after cancellation of the decision, determination, the court order
Article 403-1. It is excluded according to the Law of the Republic of Kazakhstan of 17.11.2014 No. 254-V ZRK
Article 403-2. It is excluded according to the Law of the Republic of Kazakhstan of 17.11.2014 No. 254-V ZRK
Chapter 44. Production on review on newly discovered facts of the decisions, determinations and resolutions which took legal effect
Article 404. Review bases
Article 405. The courts reviewing on newly discovered facts judgments, determinations and resolutions
Article 406. Filing of application
Article 406-1. Statement form and content
Article 406-2. Adoption of the statement to production of court
Article 406-3. Return of the statement for review of court resolution on newly discovered facts
Article 407. Calculation of term for filing of application
Article 408. Consideration of the application
Article 409. Determination of court about reconsideration of the case
Section 4. Recovery lost judicial or enforcement proceeding
Article 410. Filing of application
Article 411. Consideration of the application
Article 412. The judgment according to the statement
Section 5. International process
Chapter 45. Production on cases with participation of foreign persons
Article 413. Procedural law and obligations of foreign persons
Article 414. Civil procedural capacity to act of foreign citizens and stateless persons
Article 415. Standing in court of the foreign international organization
Article 416. Competence of the courts of the Republic of Kazakhstan on cases with participation of foreign persons
Article 417. Exclusive competence
Article 418. Cognizance
Article 419. Contractual cognizance
Article 420. Competence invariance
Article 421. Value of production in foreign court
Article 422. It is excluded by the Law of the Republic of Kazakhstan of February 5, 2010 No. 249-IV
Article 423. Court orders
Article 424. Recognition of the documents issued by bodies of foreign states
Article 425. Recognition and execution of foreign judgements and arbitration
Article 425-1. Forced execution of the arbitral decision
Article 425-2. Issue of writ of execution
Article 425-3. Refusal in issue of writ of execution
Article 426. Recognition of the foreign judgements which are not requiring execution
Chapter 45-1. Production on cases on appeal of decisions of arbitration
Article 426-1. Submission of the petition
Article 426-2. Consideration of the petition
Chapter 46. Jurisdictional immunity of foreign state and its property
Article 427. Immunity of foreign state
Article 428. Legal immunity
Article 429. Consent of foreign state to court jurisdiction of the Republic of Kazakhstan
Article 430. Participation of foreign state in legal proceedings
Article 431. Refusal of immunity concerning the counter action
Article 432. Refusal of immunity concerning arbitration proceeding
Article 433. Withdrawal of consent to refusal of immunity
Article 434. Non-use of immunity on the disputes connected with violation of jurisdictional immunity of the Republic of Kazakhstan
Article 435. Non-use of immunity on the disputes connected with business activity
Article 436. Non-use of immunity on the disputes connected with participation in legal entities
Article 437. Non-use of immunity on the disputes concerning the rights to property
Article 438. Non-use of immunity on disputes on compensation of damage (harm)
Article 439. Non-use of immunity on the disputes concerning objects of intellectual property rights
Article 440. Non-use of immunity on employment disputes
Article 441. Immunity on the disputes connected with operation of ocean ships and inland navigation vessels
Article 442. Immunities from providing the claim and from forced execution of the court ruling
Article 443. The property used for the purpose of implementation of the sovereign power
Article 444. Legal proceedings on cases with participation of foreign state
Article 445. Procedure for the solution of question of legal immunity of foreign state
Article 446. The decision court of the Republic of Kazakhstan of questions of providing the claim and of forced execution of the court ruling on disputes with participation of foreign state
Article 447. Use of the principle of reciprocity
Article 448. Assistance to court of the Republic of Kazakhstan concerning application of this Code
Article 449. Direction and delivery to foreign state of procedural documents
Article 450. Correspondence decision
Appendix. It is excluded by the Law of the Republic of Kazakhstan of April 2, 2010 No. 262-IV.
The civil procedural legislation of the Republic of Kazakhstan governs the public relations arising in case of departure of justice by courts by consideration and permission of the claim and other cases referred to their competence by this Code and other laws.
1. The procedure for civil administration of justice in the territory of the Republic of Kazakhstan is determined by the constitutional laws, 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 on civil legal proceedings establishes procedure for hearing of cases on the disputes arising from civil, family, labor, housing in the sphere of public administration and local self-government, from financial, economic, land legal relationship, the relations on use of natural resources and environmental protection and other legal relationship, and also cases of special proceeding.
4. It is excluded according to the Law of the Republic of Kazakhstan of 05.07.2014 No. 236-V ZRK
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 which became effective by the time of accomplishment of legal proceeding, 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 of the violated or challenged rights, freedoms and interests of citizens, the state and the organizations protected by the law, strengthening of legality and law and order, the prevention of offenses.
1. The court in case of permission of cases according to the procedure of civil legal proceedings shall observe precisely requirements of the Constitution of the Republic of Kazakhstan, of this Code, other regulatory legal acts.
2. Courts have no right to apply the laws and other regulatory legal acts violating 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 violates 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. Violation of the law by court in case of permission of cases inadmissibly also involves cancellation of illegal court resolutions.
4. Court, having established in case of 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 legal acts having big legal force.
5. 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.
6. If legal acts or the agreement of the parties of dispute provide permission of appropriate questions by court, the court shall resolve these questions, proceeding from criterion of justice and rationality.
1. Justice on civil cases is performed only by court by the rules established by the civil procedural legislation. Assignment of powers of authority of court somebody attracts the responsibility provided by the law.
2. Decisions extraordinary, and also others illegally the founded courts have no legal force and are not subject to execution.
3. 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.
4. The judgments on civil case can be checked and reviewed only by the relevant courts according to the procedure, provided by this Code.
1. Everyone has the right according to the procedure, established by this Code, to take a legal action behind protection of the violated or challenged constitutional rights, freedoms or interests protected by the law. State bodies, legal entities or citizens have the right to take a legal action with the statement for protection of the rights and the interests of other persons or the uncertain group of people protected by the law in the cases provided by the law.
2. The prosecutor has the right to take a legal action with the claim (statement) for the purpose of implementation of the obligations assigned to it and for protection of the rights of citizens, legal entities, public and state interests.
3. Can to nobody without its consent be changed the cognizance provided for it by the law. The superior court has no right to withdraw case from production of subordinate court and to accept it to the production without the consent of the parties.
4. The disclaimer on appeal to the court is invalid if it contradicts the law or violates someone's rights and interests protected by the law.
1. In case of production on civil case the decisions and actions degrading honor or belittling advantage of person participating in civil process are forbidden.
2. The moral harm done to person during civil legal proceedings by illegal actions of state bodies and officials is subject to compensation in the procedure established by the law.
Private life of citizens, personal and family secret are under protection of the law. Everyone has the right to the mystery of personal deposits and savings, correspondence, telephone negotiations, post, cable and other messages. Restrictions of these rights during civil process are allowed only in cases and according to the procedure, directly established by the law.
1. The property is guaranteed by the law. Nobody can be deprived of the property, differently as by a court decision.
2. Seizure of deposits of persons in bank and other property, and also its withdrawal during civil legal proceedings can be made in cases and according to the procedure, provided by this Code.
1. The judge in case of administration of law is independent and submits only to the Constitution of the Republic of Kazakhstan and the law.
2. Judges and courts resolve civil cases in the conditions excluding foreign impact on them. Any intervention in activities of court for administration of law is inadmissible and attracts legal accountability. On specific cases of the judge are not accountable.
3. Guarantees of independence of the judge are established by the Constitution of the Republic of Kazakhstan and the law.
1. Justice on civil cases is performed on the basis of equality before the law and court.
2. During civil legal proceedings to anybody from:
citizens preference cannot be given and none of them can be exposed to discrimination based on their origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, the residence or on any other circumstances;
legal entities preference cannot be given and any of them cannot be exposed to discrimination based on the place of their stay, form of business, subordination, pattern of ownership and other circumstances.
3. Conditions of civil legal proceedings concerning persons who are immune to civil responsibility are determined by the Constitution of the Republic of Kazakhstan, this Code, the laws and international treaties ratified by the Republic of Kazakhstan.
1. Civil administration of justice is conducted in state language, and in need of legal proceedings on an equal basis with state Russian or other languages is used.
2. Language of legal proceedings is established by determination of court depending on language in which the action for declaration (statement) is filed a lawsuit. Production on the same civil case is performed in the legal proceedings language established originally.
If during preparation for consideration of the case in Trial Court it became clear that the claimant does not know language in which his representative submits the action for declaration (statement), then according to the written petition of the claimant the court takes out determination about change of language of legal proceedings.
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The document ceased to be valid since January 1, 2016 according to Article 505 of the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015 No. 377-V ZRK