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The document ceased to be valid since  July 1, 2017 according to article 2 of the Law of the Kyrgyz Republic of  January 20, 2017 No. 6

CODE OF CIVIL PROCEDURE OF THE KYRGYZ REPUBLIC

of December 29, 1999 No. 146

(as amended on 16-12-2016)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on November 24, 1999

Section I General provisions

Chapter 1. Basic provisions

Article 1. Legislation on civil legal proceedings

1. The procedure for legal proceedings in courts of the Kyrgyz Republic is determined by civil, administrative and economic cases by the Constitution of the Kyrgyz Republic, this Code, the Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", other laws of the Kyrgyz Republic adopted according to them and which came in the procedure established by the law into force international treaties which participant is the Kyrgyz Republic.

2. The regulations of the civil procedural legislation containing in other laws and other regulatory legal acts shall correspond to this Code.

3. Ceased to be valid according to the Law of the Kyrgyz Republic of 14.03.2014 No. 48

4. Civil administration of justice is performed according to the law existing during consideration and permission of case, making of separate legal proceedings or execution of court resolutions.

Article 2. Determination of the basic concepts applied in this Code

(1) the Lawyer - person who is engaged in activities for rendering qualified legal aid to physical persons and legal entities when implementing protection of their rights, freedoms and legitimate interests.

(2) the Petition for appeal - the claim or representation brought by persons participating in case in judicial board of regional court on the court resolution of Trial Court which did not take legal effect.

(3) Appellate instance (court of the second instance) - judicial boards on civil, administrative and economic cases of the regional and equated to them courts, the considering petitions for appeal and representations on the acts of Trial Court which did not take legal effect.

(3-1) Civil cases (in sense of this Code) - cases, including administrative and economic, on protection of the violated or disputed rights and interests of interested persons protected by the law, considered according to the procedure of civil legal proceedings.

(4) Legal representatives are parents, adoptive parents, guardians, custodians, and also representatives of the organizations and persons on whose care there is person participating in case.

(5) the Action for declaration - the procedural document which is filed a lawsuit by person interested in protection the violated or disputed subjective rights, freedoms or interests protected by the law.

(5-1) Writ of appeal - the claim or representation brought by persons participating in case in judicial board of regional court on the court resolution of Trial Court which took legal effect.

(5-2) Cassation instance - the judicial board of regional court considering writs of appeal and representations on the acts of Trial Court which took legal effect.

(6) Persons participating in case - the parties, the third parties, the prosecutor, persons who are taking a legal action behind protection of the rights of other persons or entering process for the purpose of making the conclusion, applicants, interested persons for special proceeding.

(6-1) Supervising claim - the claim or representation brought by persons participating in case in judicial boards of the Supreme Court of the Kyrgyz Republic to the court resolutions which took legal effect.

(7) Supervising instance - the judicial boards of the Supreme Court of the Kyrgyz Republic considering cases on claims and representations of participants of process on the court resolutions of local courts which took legal effect.

(8) Determination, the decision, the resolution, the order - the court resolutions which are taken out by courts in judicial sessions.

(8-1) Regional court - regional and the court (The Bishkek city court) equated to them.

(9) the Chairman - the judge presiding in case of joint consideration of the case or considering case solely.

(10) Representation - the claim of the prosecutor to court resolution.

(11) the Prosecutor - the Attorney-General of the Kyrgyz Republic, prosecutors of areas, the prosecutor of the city of Bishkek, district and city prosecutors, military, transport and other prosecutors equated to prosecutors of areas, district or city prosecutors, their deputies and assistants, prosecutors of managements and departments of prosecutor's offices acting within the competence.

(12) the Protocol - the procedural document in which the legal proceeding taking place in judicial session is fixed.

(12-1) District court - the district and equated to them courts (district court in the city, city court, interdistrict court of area and city of Bishkek if other is not established by this Code).

(13) the Parties - the bodies and persons acting in civil legal proceedings on the basis of equal rights and competitiveness.

(14) Court - any court, the judge, judicial structure of judicial board on civil cases or judicial board on administrative and economic cases considering civil case on the first instance in appeal procedure, in cassation procedure, according to the procedure of judicial supervision.

(15) the Judge - the professional judge of any court, the chairman, the vice-chairman of court considering case.

(16) Trial Court - the court authorized on direct establishment in judicial session of the facts of the case and acceptance on it court resolutions.

(17) the Private claim - the claim brought to one of participants of process on the determination of court which is taken out in judicial session or on the judge's ruling.

(18) Private determination - the determination which is taken out by court which the court draws the attention of heads of state bodies, and also companies, organizations and organizations irrespective of patterns of ownership and other officials to the facts of violation of the law, the reason and condition determined on case promoting their making and requiring acceptance of adequate measures.

Article 3. Tasks of civil legal proceedings

1. Tasks of civil legal proceedings are protection of the violated or disputed rights, freedoms and interests of citizens and legal entities protected by the law irrespective of pattern of ownership, public authorities and local self-government, other persons which are subjects of civil, employment, administrative or other legal relationship, the rights and interests of the Kyrgyz Republic and also protection of public concerns.

2. The procedure for civil legal proceedings established by the law shall provide the correct and timely consideration and permission of civil cases, removal of legal court resolutions, their real execution, to promote strengthening of legality, law and order and the prevention of offenses.

Article 4. The right to appeal to the court behind protection

1. Any interested person has the right according to the procedure, established by the law, to take a legal action behind protection of the violated or disputed rights, freedoms or interests protected by the law. The disclaimer on appeal to the court is invalid.

2. In the cases provided by this Code and other laws, state bodies, local government bodies and other bodies have the right to take a legal action in protection of the state or public concerns.

3. If by the legislation it is established for certain category put pre-judicial procedure for settlement or it is provided by the agreement, such cases can be submitted vessels only after observance of this procedure.

Article 5. Excitement of civil case in court

1. The court initiates civil case according to the statement of person interested in protection of the rights, freedoms or the interests protected by the law.

2. In the cases provided by this Code and other laws, the civil case can be initiated according to the statement of person entering protection of the rights, freedoms or the interests of other person protected by the law, and also protection of interests of the uncertain group of people or protection of the state or public concerns.

Article 6. Justice implementation by court

Justice on civil cases is performed only by courts by the rules established by the legislation on civil legal proceedings.

In the cases provided by the law and procedure citizens of the Kyrgyz Republic have the right to participate in administration of law.

Article 7. Equality of all before the law and court

Justice on civil cases is performed on the basis of equality before the law and court of all citizens irrespective of floor, race, nationality, language, religion, political and religious beliefs, origin, property and official capacity, the residence and any other conditions and circumstances of personal or public nature, and also all legal entities irrespective of pattern of ownership, the location, subordination and other circumstances.

Article 8. Individual and joint consideration of civil cases

1. Civil cases in district courts are considered on the first instance by the judge solely if other is not provided by the law.

2. Civil cases in judicial boards of regional court in appeal and cassation procedure are considered by jointly judicial structures from three judges.

3. In the Supreme Court of the Kyrgyz Republic consideration of civil, administrative and economic cases according to the procedure of supervision is performed by judicial structures of judicial boards from three judges.

Article 9. Independence of judges

1. When implementing justice of the judge are independent and submit only to the Constitution of the Kyrgyz Republic and the law.

2. Guarantees of independence of judges are established by the Constitution of the Kyrgyz Republic and the laws.

3. Judges consider and resolve civil cases in the conditions excluding foreign impact. Any intervention in activities of judges from state bodies, local government bodies, other bodies, officials, citizens, legal entities inadmissibly also involves the responsibility established by the law.

Article 10. Implementation of justice on the basis of competitiveness and equality of participants

1. Justice on civil cases is performed on the basis of competitiveness and equality of participants.

2. Court, keeping objectivity and impartiality, performs management of process, explains to persons participating in case, their rights and obligation, creates conditions for comprehensive and complete investigation of proofs, establishments of circumstances and the correct application of the legislation in case of permission of civil cases.

Article 11. Language in which legal proceedings are conducted

1. Civil administration of justice is conducted in the state and official languages.

2. The right to get acquainted with all case papers, to offer explanations, indications and the conclusions, to act and declare petitions in the native language, and also to use translation service according to the procedure, established by this Code is explained and provided to persons who are not knowing language in which legal proceedings are conducted.

3. Court documents are handed to persons participating in case, in transfer into language which they know.

Article 12. Publicity of legal proceedings

1. Trial of cases in all courts open. In judicial session the citizens who did not reach sixteen years are not allowed if they are not persons participating in case or witnesses.

2. The persons who are participating in case, or any interested person, present at proceeding in open court have the right to fix in writing or by sound recording the course of legal proceedings. Film and photographing, video, straight line of radio - and TV broadcast of judicial session are allowed from the leave of court.

Film and photographing, video, sound recording of the closed judicial session are made only from the leave of court. The straight line of radio and TV broadcast of the closed judicial session is not allowed.

3. Hearing of cases and the announcement of decisions in the closed judicial sessions are performed on the cases containing the data which are the state secret and also on another matters when it is provided by the law. The closed legal proceedings are allowed also in case of satisfaction of the petition of the person participating in case referring to need of preserving the commercial or protected by the law other secret, nondisclosure of data on private life of citizens or to other circumstances which public discussion is capable to interfere with the correct consideration of the case.

4. About consideration of the case and the announcement the court passes decisions in the closed judicial session motivated determination. In this determination it is specified about the prevention court of persons which were present at the closed judicial session about responsibility for disclosure of the data which became known when considering the case.

5. At trial of case in the closed judicial session there are persons participating in case, their representatives, and at necessary cases - also witnesses, experts, specialists, translators.

6. Case in the closed judicial session is considered and allowed with observance of all civil procedure rules.

7. The judgment in all cases is proclaimed publicly.

Article 13. The regulatory legal acts applied by court in case of permission of civil cases

1. The court shall resolve civil cases based on the Constitution of the Kyrgyz Republic, the laws adopted according to them other regulatory legal acts of the Kyrgyz Republic and which came in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

2. The court has no right to apply the regulatory legal acts contradicting the Constitution of the Kyrgyz Republic.

3. In case of lack of the rules of law governing the disputable relations, the court applies rules of law, governing the similar relations (analogy of the laws), and in the absence of such regulations resolves case proceeding from the general beginnings and sense of the civil and procedural legislation (analogy is right) and requirements of conscientiousness, rationality and justice.

4. If when considering the case the court sees in any degree of jurisdiction that the law or other regulatory legal act which is subject to application infringes at the human rights and freedoms affirmed by the Constitution of the Kyrgyz Republic and contradicts the Constitution of the Kyrgyz Republic, it shall suspend proceeedings and address to the Constitutional chamber of the Supreme Court of the Kyrgyz Republic with idea of recognition of this act unconstitutional. On receipt court of the decision of the Constitutional chamber of the Supreme Court of the Kyrgyz Republic proceeedings are resumed.

5. Ceased to be valid according to the Law of the Kyrgyz Republic of 14.03.2014 No. 48

6. The court according to the law or the international treaty by consideration and permission of cases applies rules of international law or rules of law of other states.

7. If the legislation or the agreement of the parties provide leaving behind court of permission of appropriate questions, the court shall resolve these questions proceeding from criterion of justice and rationality.

Article 14. Obligation of court resolutions

1. The court adopts on civil cases court resolutions in the form of the decision, the order, determination and the resolution.

2. The acts of courts of the Kyrgyz Republic which took legal effect on civil cases are obligatory for all state bodies, local government bodies and other bodies, officials and citizens, legal entities irrespective of patterns of ownership and are subject to strict execution in all territory of the Kyrgyz Republic.

3. Non-execution of the court resolutions which took legal effect, and is equal any other disrespect for court attract the responsibility established by the legislation of the Kyrgyz Republic.

4. Obligation of court resolutions does not deprive of the interested persons who are not participating in case, opportunity to take a legal action behind protection of the violated or disputed rights and interests protected by the law.

Chapter 2. Structure of court. Branches

Article 15. Structure of court

1. According to article 8 of this Code of the judge consider cases on the first instance solely if other is not provided by the law. The judge solely considering case acts on behalf of court.

2. Civil, administrative and economic cases in regional courts in appeal and cassation procedure are considered by judicial board on civil cases or judicial board on administrative and economic cases - as a part of three judges.

3. Civil, administrative and economic cases are considered according to the procedure of supervision in the Supreme Court of the Kyrgyz Republic by judicial board on civil cases or judicial board on administrative and economic cases as a part of three judges.

4. All judges by hearing of cases have the equal rights.

Article 16. Procedure for permission of questions court in joint structure

1. All questions arising when considering the case by court in joint structure are permitted by judges on majority of votes. None of judges have no right to refrain from vote. The chairman in meeting votes the last.

2. The judge not concordant with the solution of the majority shall sign this decision and has the right to state in writing the special opinion which is filed, but is not disclosed. Persons participating in case with special opinion are not acquainted.

Article 17. Removal of the judge

1. The judge cannot consider case and is subject to branch:

1) if he is relative any of persons participating in case or their representatives;

2) if he personally, is directly or indirectly interested in the outcome of the case or there are other circumstances raising doubts in his impartiality;

3) if he by the previous consideration of this case participated in quality of the prosecutor, expert, specialist, translator, representative, court session secretary.

2. The faces consisting in relationship among themselves cannot enter into structure of the court considering case.

Article 18. Inadmissibility of repeated participation of the judge in consideration of the case

1. The judge who was involved in consideration of the case cannot participate in consideration of this case in court of other instance.

2. The judge who was involved in consideration of the case in the first or appeal, cassation instance cannot participate in de novo review of the same case in the same instance, except cases of hearing of cases on newly discovered facts.

3. Participation of the judge of the Supreme Court of the Kyrgyz Republic in consideration of the case according to the procedure of supervision is not obstacle for its repeated participation in consideration of this case according to the procedure of supervision.

Article 19. Bases for removal of the prosecutor, expert, specialist, translator, court session secretary

1. The bases for branch specified in article 17 of this Code extend also to the expert, the specialist, the translator, the court session secretary.

Besides, the expert and the specialist cannot be involved in consideration of the case:

1) if they are or were in job or other dependency from any of persons participating in case or their representatives;

2) if they made audit which materials formed the basis for appeal to the court or are used by consideration of this civil case;

3) in case their incompetence is found.

2. Participation of the expert, specialist, translator and court session secretary by the previous consideration of this case as respectively expert, the specialist, the translator, the court session secretary is not the basis for their branch.

3. The bases for branch specified in subitems 1 - 3 Items 1 of article 17 of this Code, extend also to the prosecutor. At the same time participation of the prosecutor by the previous consideration of this case as the prosecutor is not the basis for branch.

Article 20. Statement for branch and rejection

1. In the presence of the circumstances specified in Articles 17, of the 18 and 19 of this Code, the judge shall declare rejection.

In the presence of the circumstances specified in Article 17 and Item 1 of article 19 of this Code, the prosecutor, the expert, the specialist, the translator, the court session secretary shall declare rejection.

On the same bases branch can be declared by persons participating in case.

2. Branch or rejection shall be motivated and declared prior to substantive prosecution. During substantive prosecution consideration of the application about branch and rejection is allowed only in cases when the basis of branch or rejection became known to the court or person declaring branch or rejection after the beginning of consideration of the case.

3. The unreasonable refusal of implementation of justice is not allowed.

4. The unfounded allegation about removal of the judge is not subject to satisfaction.

Article 21. Procedure for permission of the declared branch

1. In cases of the statement of branch the court hears opinion of persons participating in case and also hears person to whom branch is declared if taken away wishes to offer explanations.

2. The question of branch is resolved by the determination of court which is taken out in the consultative room.

3. The branch declared to the judge or rejection of the judge considering case solely is allowed by the same judge.

4. When considering the case by court in joint structure the question of removal of one judge is allowed by other judges in the absence of taken away. In case of equal number of votes, given for branch and against branch, the judge is considered taken away. The branch declared to several judges or all structure of court is allowed by the same court en banc by a simple majority vote.

5. The question of removal of the prosecutor, the expert, the specialist, the translator and the court session secretary is allowed by the court considering case.

6. If branch is at the same time declared to the judge, the prosecutor, the expert, the specialist, the translator or the court session secretary, first of all the question of removal of the judge is resolved.

7. By results of consideration of question of branch or rejection by court motivated determination is taken out. The private complaint can be made to the declared judge about the determination which is taken out by court about branch or about rejection of the judge considering case solely. The private claim to determination of court about branch or rejection of the judge moves along with the petition for appeal on the judgment on the considered case.

Article 22. Effects of allowance of the application about branch

1. In case of removal of the judge considering case in district (city) court, this case is considered in the same court by other judge. The case is submitted to other district (city) court through superior court if in court where case is considered, replacement of the judge becomes impossible.

2. In case of removal of judges when considering the case in the Supreme Court of the Kyrgyz Republic, regional court, the Bishkek city court case is considered in the same court, but in other list of judges.

3. If as a result of satisfaction of branches or for the reasons specified in article 18 of this Code, in regional court, the Bishkek city court it is impossible to form new structure of court for consideration of this case in the same court, the case shall be submitted to other court of the same level through superior court.

Chapter 3. Jurisdiction

Article 23. Jurisdiction of civil cases to courts

1. Courts according to the procedure of civil legal proceedings consider all cases of interested persons on protection of the violated or disputed rights and interests protected by the law if according to the legislation of the Kyrgyz Republic their protection is not performed in other court.

2. According to the procedure of civil legal proceedings courts, in particular, consider:

1) cases on the disputes arising from family and employment legal relationship;

2) cases on the disputes arising from civil, housing, land relations, the relations on use of natural resources and environmental protection if at least one of the parties is the citizen;

3) the cases arising from the state and legal, administrative and legal, tax and other relations based on imperious subordination of one party another if at least one of the parties is the citizen;

4) cases on contest by citizens of decisions and actions (failure to act) of the state bodies, local government bodies and officials, government employees violating the rights, freedoms and the interests of citizens protected by the law if their protection is not performed in other court;

5) cases on contest by citizens of regulatory legal acts, except the cases which are within the exclusive competence of the Constitutional chamber of the Supreme Court of the Kyrgyz Republic;

6) cases on contest by prosecutors within the competence of the regulatory legal acts concerning the uncertain group of people and violating the rights and freedoms of citizens;

7) cases on disputes between founders of legal entities and public authorities and their officials concerning registration, re-registration and liquidation of legal entities, and also according to statements of interested persons for liquidation of the legal entity;

8) cases on disputes between legal entities and their founders, participants, shareholders;

9) the cases of special proceeding listed in article 270 of this Code.

Cases on contest of decisions and actions (failure to act) of state bodies, local government bodies, public associations and religious organizations and officials are considered according to the procedure of claim legal proceedings.

Courts consider another matters about protection of civil, political, social, cultural and other laws and freedoms of the citizen protected by the law if other procedure for their protection is not established by the law.

10) cases on the economic disputes arising from civil, administrative and other legal relationship between legal entities and/or individual entrepreneurs.

The civil cases provided by the subitem 9 of this Item are considered according to the procedure of civil legal proceedings with the features provided by this Code.

3. Courts consider cases with participation of foreign citizens, stateless persons, foreign legal entities, the international organizations if it is provided by the law which came in the procedure established by the law into force the international treaty which participant is the Kyrgyz Republic, or the agreement of the parties.

Article 24. Transfer of dispute on the leave of court of aksakals

In cases, stipulated by the legislation the Kyrgyz Republic, the civil case can be by agreement of the parties submitted on the leave of court of aksakals.

Article 25. Jurisdiction of several requirements connected among themselves

1. In case of combination of several requirements connected among themselves from which one are considered on general civil procedure rules and others - on civil procedure rules on economic cases, all requirements if their separation is impossible, are subject to consideration according to the civil procedure rules on economic cases provided by the Section VI of this Code.

2. If in case of trial of case on the first instance by court it is determined that this case is subject to consideration by rules of the Section VI of this Code, the court takes out determination about consideration of the case according to the procedure of civil legal proceedings on economic cases.

Chapter 4. Cognizance

Article 26. Cognizance of civil cases to courts

1. To district court (to district court in the city, to city court) all civil cases, except cases, cognizable to interdistrict court are jurisdictional.

2. Ceased to be valid according to the Law of the Kyrgyz Republic of 23.12.2016 No. 217

3. The interdistrict court considers cases:

- on disputes between founders of legal entities, legal entities and public authorities and their officials concerning registration, re-registration and liquidation of legal entities, according to statements of interested persons for liquidation of the legal entity;

- on disputes between founders, participants, shareholders and the legal entity, and also on disputes of founders of the legal entity among themselves;

- about contest of regulatory legal acts of the public authorities, local government body, other bodies and officials which are not corresponding to the law and violating the rights, freedoms and interests of citizens and legal entities protected by the law except the cases which are within the exclusive competence of the Constitutional chamber of the Supreme Court of the Kyrgyz Republic;

- about contest by prosecutors within the competence of the regulatory legal acts concerning the uncertain group of people and violating the rights and freedoms of citizens and legal entities;

- about contest of substandard acts, decisions and actions (failure to act) of public authorities, local government body, their officials and government employees;

- about contest of resolutions of state bodies and officials, representatives to consider cases on administrative offenses, except resolutions of courts;

- on the economic disputes arising from civil, administrative, tax, customs and other legal relationship between legal entities irrespective of pattern of ownership, the citizens who are performing business activity without formation of legal entity and having the status of the individual entrepreneur, public authorities, local government bodies according to the procedural legislation;

- about bankruptcy (insolvency), about involuntary liquidation of banks;

- other cases provided by the laws, except for cases on administrative offenses, cases on protection of the voting rights of citizens and other participants of the electoral process, cases on contest of decisions and actions (failure to act) of public associations and the religious organizations and their officials, cases on establishment of abnormalities of entries in books of civil registration, cases on statements on making of notarial actions or refusal in their making.

Article 27.

It is excluded

Article 27-1. Cognizance of several requirements connected among themselves

1. In case of consolidation of several claims connected among themselves from which one are jurisdictional to interdistrict court and others - to district court, case is subject to consideration in interdistrict court.

2. If in case of trial of case in district court it became cognizable to interdistrict court, the court submits determination about case referral for consideration in interdistrict court.

2-1. If in case of trial of case in interdistrict court it became cognizable to district court, the court submits determination about case referral for consideration in district court.

3. If during consideration of the case about collection of the amount the claimant changed the requirements and asks to declare the debtor (defendant) bankrupt (insolvent), then case is subject to the direction on cognizance in interdistrict court.

Article 28. Presentation of the claim for the residence or in the location of the defendant

The claim is made in court at the place of residence of the defendant.

The claim to the legal entity is made in the location of the legal entity or in the location of its property.

The claim of the founder (the participant, the shareholder) to the legal entity is shown in the location of this legal entity.

Article 29. Cognizance at the choice of the claimant

1. Claims to the defendant, the residence which location is unknown or not taking residences in the Kyrgyz Republic can be shown in the location of its property in the Kyrgyz Republic or at the last known place of residence or the location.

2. The claims following from activities of branch or representation of the legal entity can be shown by the claimant also in the location of branch or representation.

3. Recovery suits of the alimony and about paternity proof can be shown also at the place of residence of the claimant.

4. Compensatory actions, caused by mutilation or other damage of health, and also the death of the supporter, can be shown by the claimant also in the place of his residence or in the place of damnification.

5. Actions of rescission of marriage with persons recognized in accordance with the established procedure it is unknown absent, incapacitated owing to mental disturbance, and also with persons condemned for crime execution to imprisonment for the term of over three years can be shown at the place of residence of the claimant.

6. Actions of rescission of scrap can be made at the place of residence of the claimant also in cases when in case of it there are minor children or when for health reasons departure of the claimant to the residence of the defendant is represented for it difficult.

7. The claims for recovery of labor, pension and housing laws, return of property or its cost connected with indemnification, caused to the citizen by illegal condemnation, illegal criminal prosecution, illegal application as measure of restraint of detention, recognizance not to leave or illegal imposing of administrative punishment in the form of arrest can be shown also at the place of residence of the claimant.

8. Statements for contest of resolutions on imposing of penalty or other penalties which are taken out by administrative authorities and officials, representatives to consider cases on administrative offenses, can be shown also at the place of residence of the claimant.

9. Claims for consumer protection can be made also at the place of residence of the claimant or on detention center or agreement performances.

10. The claims following from the agreement in which the place of execution is specified can be shown also in the place of agreement performance.

11. The choice between several courts to which according to this Article case is jurisdictional belongs to the claimant, except for cognizance, stipulated in Clause the 30th of this Code.

Article 30. Exclusive cognizance

1. Claims for the rights to the parcels of land, subsoil plots, the isolated water objects, the woods, long-term plantings, buildings, constructions and other objects firmly connected with the earth (real estate) and also for release of property from arrest are shown in the location of these objects or distrained property.

2. The claims of creditors of the testator made before inheritance acceptance by heirs are jurisdictional to court in the location of heritable property or its main part.

3. The claims to carriers following from transportation agreements of loads, passengers or baggage are shown in the location of body of the company of transport.

Article 31. Several connected among themselves put cognizance

1. The claim to several defendants living or being in different places is shown at the place of residence or in the location of one of defendants in the choice of the claimant.

2. The counter claim irrespective of its cognizance is made in court in the place of consideration of the original action.

3. The civil action following from criminal case if it was not declared or was not resolved in case of production of criminal case, is shown for consideration according to the procedure of civil legal proceedings by the rules of cognizance established by this Code.

Article 32. Contractual cognizance

The parties can under the agreement among themselves change territorial cognizance for this case.

Cognizance, stipulated in Clause the 30th of this Code, cannot be changed by the agreement of the parties.

Article 32-1. Transfer of disputes on permission to reference tribunal

By agreement of the parties the dispute subordinated to court, in cases, stipulated by the legislation the Kyrgyz Republic, before decision making in Trial Court can be submitted reference tribunal.

Article 33. Case referral, accepted by court to the production, in other court

1. Excluded

2. The court submits case of other court:

1) if the defendant, the residence or the location of which was not earlier known, will declare the petition for case referral in court in the place of his residence or the location and this petition will be satisfied with court;

2) if after removal of one or several judges or for other reasons replacement of judges or consideration of the case in this court become impossible. Case referral in this case is performed by superior court;

3) if when considering the case in this court came to light that it was accepted to production with cognizance abuse of regulations.

4) in the cases provided in Item 2 of Article 27-1 of this Code.

3. On the issue of case referral in other court determination about which the private complaint can be made is taken out. Case referral from one court in another is made after term on appeal of this determination, and in case of submission of the claim - after removal of determination about leaving of the claim without satisfaction.

4. The case directed from one court to another shall be taken cognizance by court to which it is directed. Disputes on cognizance between courts are not allowed.

Chapter 5. Persons participating in case

Article 34. The list of persons participating in case

Persons participating in case are recognized: the parties, the third parties, the prosecutor, persons who are taking a legal action behind protection of the rights of other persons or entering process for the purpose of making the conclusion on the bases provided by Articles 5, of 46, of the 47th of this Code, applicants, interested persons for special proceeding.

Article 35. The rights and obligations of persons participating in case

1. Persons participating in case have the right to get acquainted with case papers, to do of them statements, to make copies, to declare branches, to produce the evidence, to ask questions to other persons participating in case, to witnesses, experts and specialists, to declare petitions, to offer oral and written explanations for court, to give the arguments on all arising during legal procedure to questions, to object to petitions and arguments of other persons, participating in case, to appeal court resolutions and to have other procedural law granted to them by this Code.

2. Persons participating in case shall have honesty all procedural law belonging to them and carry out the procedural obligations. In case of failure to carry out of procedural obligations there come the effects provided by this Code and other legislation of the Kyrgyz Republic.

Article 36. Civil standing in court

Capability have civil procedural law and obligations (civil standing in court) is recognized equally for all citizens and legal entities having according to the legislation of the Kyrgyz Republic rights to judicial protection of the rights, freedoms and the interests protected by the law.

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Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.