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.
Owing to part three of article 267-4 GPK the court shall make and issue to the parties the decision consisting of introduction, motivation and resolutive parts together with determination about refusal in cancellation of the decision if earlier such decision was not issued.
The decision containing motivation part shall be made no later than five working days from the date of receipt of the petition in court in time.
In case of impossibility on reasonable excuses to make motivation part of the decision the decision signed by the judge consisting of introduction and resolutive parts it can be appealed according to the procedure, the established GPK.
1-2. Articles 27-1 and 28-1 GPK affirm the right of the regional and equated to it court, the Supreme Court of the Republic of Kazakhstan on reclamation, acceptance to the production, consideration and permission by rules of Trial Court of one of the homogeneous cases (similar in subject and the bases of the claim, on subject structure) which are in production of subordinate courts.
For reclamation and consideration of the case on rules of Trial Court by superior court the court in which production there is case shall receive written consent of the parties.
If there is no consent of one of the parties, case cannot be requested by court in view of the fact that according to the subitem 3) of Item 3 of article 77 of the Constitution of the Republic of Kazakhstan can to nobody without its consent be changed the cognizance provided for it by the law.
The question of reclamation and consideration of one of homogeneous cases can be initiated by court of higher instance, court in which production there is case, and also the parties or one of the parties.
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