of January 12, 2009 No. 2
About acceptance of interim measures on civil cases
For the purpose of uniform understanding and application in court practice of the legal acts regulating acceptance of interim measures on civil cases, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
The interim measures taken by court shall not result the defendant - the legal entity or the individual entrepreneur in bankruptcy, violation of normal productive activity, to violation of legitimate rights and interests of other persons, to promote raiding (illegal capture of property of the defendant).
2. Measures for providing the claim for the cases considered in arbitration proceeding are accepted by court in the location of the debtor or arbitration with observance of all provisions provided by Chapter 15 GPK.
In case of consideration of the application about providing the claim the court shall check whether proceedings on the claim of person who submitted the application for acceptance of interim measures are initiated by arbitration.
3. Interim measures are taken for providing:
claims of property or non-property nature (the statements for special claim proceeding provided by Chapters 27, of 28, of 29, 30 GPK);
execution of decisions of the courts;
execution of determinations of courts about approval of voluntary settlements;
forced execution of executive documents.
Interim measures are taken by court in any provision of case, only after adoption of the statement by the judge to production and the initiation of proceedings, but before issue of the executive document on forced execution which took legal effect of court resolution.
Interim measures in the cases provided by the law are taken also by the legal executive in enforcement proceeding for ensuring forced execution of executive documents if interim measures were not taken by court.
4. Articles listed in part one 156 GPK interim measures are not exhaustive.
Taking into account nature of disputable legal relationship and according to the legal act regulating it, the court can take also other interim measures if rejection of those can complicate or make impossible execution of the decision.
Others can be provided by the international treaties ratified by the Republic of Kazakhstan, in comparison with legal acts of the Republic of Kazakhstan, interim measures. The international agreements which were not providing ratification as the commencement provision concluded before adoption of the Constitution of the Republic of Kazakhstan of 1995 are acting and keep priority before the legislation of the republic if such priority for these international treaties is directly provided by the laws of the republic regulating the respective spheres of legal relationship (The resolution of the Constitutional council of the Republic of Kazakhstan of October 11, 2000 No. 18/2 "About official interpretation of Item 3 of article 4 of the Constitution of the Republic of Kazakhstan".
The court has the right to take at the same time several interim measures if it allows to provide most effectively execution of the judgment and protection of the violated legitimate rights and the interests of the claimant.
5. According to Article 157 GPK interim measures are accepted by court only based on the plaintiff's declaration (applicant) or his representative or based on the plaintiff's declaration on the case which is in production of arbitration.
The application for acceptance of interim measures can be submitted in any provision of case: by preparation of case for legal proceedings, in judicial session, after removal of court resolution by court, but to its address in stipulated in Clause 241 GPK procedure to forced execution.
According to Article 155 GPK the claimant shall specify specific arguments that rejection of interim measures can complicate or make impossible forced execution of the court ruling in the statement.
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