of July 11, 2003 No. 5
About the judgment on civil cases
For the purpose of the correct and uniform application of the regulations of the Code of civil procedure (further - GPK) regulating removal of court resolutions, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
1. According to part one of Article of 21 GPK the Trial Court adopts court resolutions on civil cases in the form of writs, decisions, determinations, resolutions. Courts of appeal and cassation instances adopt court resolutions in the form of determinations and resolutions.
The court resolutions, and also orders, requirements, orders, challenges, requests and other appeals of courts and judges which took legal effect in case of administration of law are obligatory for all state bodies, local government bodies, legal entities, officials, citizens and are subject to execution in all territory of the Republic of Kazakhstan.
The court resolution of Trial Court to which case is allowed in essence according to Article 223 GPK is taken out in the form of the decision.
Requirements of Article 226 GPK about contents of the decision are obligatory for all types of production (the simplified (written) production, claim production, special claim and special proceeding).
1-1. According to part one of article 267-4 GPK on the case considered according to the procedure of the simplified (written) production, the court passes the decision consisting of introduction and resolutive parts.
The court according to the written petition of the party declared to the introduction of the judgment in legal force shall make the decision consisting of introduction, motivation and resolutive parts.
The court has the right to make such decision and on the initiative.
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