NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of November 25, 2016 No. 7

About court practice of consideration of civil cases on the disputes following from agreements of bank loan

Proceeding from practice of application by courts of the legislation on the disputes following from agreements of bank loan and for the purpose of uniform application of regulations of the legislation for this category, the plenary session of the Supreme Court of the Republic of Kazakhstan

decides:

1. The civil legislation governing the relations following from agreements of bank loan is based on the Constitution of the Republic of Kazakhstan (further – the Constitution) and consists of the Civil code of the Republic of Kazakhstan (further – group of companies), the Code of civil procedure of the Republic of Kazakhstan (further – GPK), the laws of the Republic of Kazakhstan of March 30, 1995 No. 2155 "About National Bank of the Republic of Kazakhstan" (further – the Law on National Bank), of December 23, 1995 No. 2723 "About mortgage of real estate" (further – the Law on mortgage), of August 31, 1995 No. 2444 "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks), of April 25, 2001 No. 178-II "About Development bank of Kazakhstan" (further – the Law on Development bank), of April 2, 2010 No. 261-IV "About enforcement proceeding and the status of legal executives" (further – the Law on enforcement proceeding), of May 16, 2014 No. 202-V "About permissions and notifications", of July 26, 2016 No. 11-VI "About payments and payment systems" (further – the Law on payments), of January 14, 2013 No. 67-V "About the State educational accumulative system" (further – the Law on educational accumulative system), resolutions of Board of National Bank of the Republic of Kazakhstan of December 23, 2019 No. 248 "About approval of Rules of the conclusion of the agreement of bank loan, including requirements to content, registration, compulsory provisions of the agreement of bank loan, forms of the repayment schedule of loan and the instruction sheet for the borrower - physical person and other regulatory legal acts.

2. By consideration of the disputes following from agreements of bank loan, courts shall be guided by the legislation existing at the time of emergence of these legal relationship.

Resolving the disputes following from agreements of bank loan, courts should research carefully terms of the contract of bank loan which shall correspond to the obligatory rules for the parties established by the legislation (peremptory rules) existing at the time of its conclusion.

It is necessary to consider that if after the conclusion of the agreement of bank loan the legislation establishes obligatory other rules for the parties, than those which were effective in case of the conclusion of the agreement, conditions of the signed agreement remain in force if by again accepted legislation it is not determined that it extends also to the relations which arose from earlier signed agreements (Article 383 of group of companies).

The regulatory legal act providing changes and amendments in procedure for regulation of the relations following from agreements of bank loan is applied to the legal relationship which arose after its introduction in action, except as specified, when the retroactive effect of regulatory legal act or its part is provided by him or the act of enforcement of regulatory legal act.

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