of April 28, 2000 No. 5
About application of the legislation by courts by hearing of cases about annulment of marriage (matrimony)
Considering that by hearing of cases about annulment of marriage (matrimony) courts have questions connected using regulations of the Code of the Republic of Kazakhstan "About scrap (matrimony) and the family" (further - the Code) regulating the termination of scrap (matrimony), recognition its invalid and decides the property relations of spouses (the former spouses), the Plenum of the Supreme Court:
1. Explain that owing to Item 1 of article 16 of the Code consideration in courts of cases on annulment of marriage (matrimony) is made in the claim of one or both spouses.
In cases if it is required by protection of interests of the incapacitated spouse, the action of rescission of scrap (matrimony) can be made by his guardian or the prosecutor. According to Article 56 of the Code of civil procedure of the Republic of Kazakhstan (further - GPK) the court can recruit in such process the body performing functions on guardianship or custody for making the corresponding conclusion on case.
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