Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

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

CODE OF CIVIL PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN

of July 13, 1999 No. 411-I ZRK

(as amended on 13-11-2015)

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 jurisdiction

Article 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 executive

Article 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 supervision

Article 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.

Section I. General provisions

Chapter 1. Civil procedural legislation of the Republic of Kazakhstan

Article 1. The relations regulated by the civil procedural legislation

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.

Article 2. Legislation on civil legal proceedings of the Republic of Kazakhstan

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

Article 3. Application in civil legal proceedings of the precepts of law prevailing

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.

Article 4. Operation of the civil procedural law in time

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.

Chapter 2. Tasks and principles of civil legal proceedings

Article 5. Tasks of civil legal proceedings

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.

Article 6. Legality

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.

Article 7. Justice implementation only court

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.

Article 8. Judicial protection of the rights, freedoms and legitimate interests of person

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.

Article 9. Respect of honor and advantage of the personality

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.

Article 10. Personal privacy. Mystery of correspondence, telephone negotiations, post, cable and other messages

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.

Article 11. Security of property

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.

Article 12. Independence of judges

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.

Article 13. Equality of all before the law and court

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.

Article 14. Legal proceedings language

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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