of October 31, 2015 No. 377-V ZRK
1. The procedure for civil administration of justice in the territory of the Republic of Kazakhstan is determined by the constitutional laws of the Republic of Kazakhstan, the Code of civil procedure of the Republic of Kazakhstan based on the Constitution of the Republic of Kazakhstan and the conventional principles and rules of international law. Provisions of other laws regulating procedure for civil legal proceedings are subject to inclusion in this Code.
2. The international contractual and other commitments of the Republic of Kazakhstan, and also normative resolutions of the Constitutional Council and Supreme Court of the Republic of Kazakhstan are component of civil procedural law.
3. The legislation of the Republic of Kazakhstan on civil legal proceedings establishes procedure for hearing of cases on the disputes arising from civil, family, employment, housing, financial, economic, land and other legal relationship, and also cases of special proceeding.
1. The constitution of the Republic of Kazakhstan has the highest legal force and direct action in all territory of the Republic. In case of contradiction between regulations of this Code and the Constitution of the Republic of Kazakhstan Constitution provisions are effective.
2. In case of contradiction between regulations of this Code and the Constitutional law of the Republic of Kazakhstan provisions of the Constitutional law are effective. In case of contradiction between regulations of this Code and other laws provisions of this Code are effective.
3. The international agreements ratified by the Republic of Kazakhstan have priority before this Code and are applied directly, except cases when follows from the international treaty that its application requires the publication of the law.
1. Civil legal proceedings are performed according to the civil procedural law enacted by the time of accomplishment of legal proceeding or adoption of the proceeding decision.
2. The civil procedural law assigning new obligations, canceling or diminishing the rights belonging to participants of process, limiting their use with additional terms has no retroactive force.
3. Admissibility of proofs is determined according to the law existing at the time of their obtaining.
Tasks of civil legal proceedings are protection and recovery of the violated or disputed rights, freedoms and legitimate interests of citizens, the state and legal entities, respecting the rule of law in civil circulation, ensuring complete and timely consideration of the case, assistance to peaceful settlement of dispute, the prevention of offenses and forming in the society of respect for the law and court.
1. Civil legal proceedings are performed on the basis of the principles stated in this Chapter.
2. Violation of the principles of civil legal proceedings depending on its nature and materiality attracts cancellation of the taken-out court resolutions.
1. The court by consideration and permission of civil cases shall observe precisely requirements of the Constitution of the Republic of Kazakhstan, the constitutional laws of the Republic of Kazakhstan, of this Code, other regulatory legal acts which are subject to application of international treaties of the Republic of Kazakhstan.
2. Courts have no right to apply the laws and other regulatory legal acts infringing the rights and freedoms of man and citizen affirmed by the Constitution. If the court sees that the law or other regulatory legal act which is subject to application infringes at the rights and freedoms of man and citizen affirmed by the Constitution, it shall suspend proceeedings and address to the Constitutional Council of the Republic of Kazakhstan with idea of recognition of this act unconstitutional. On receipt court of the final decision of the Constitutional Council proceeedings are resumed.
3. Court, having established by consideration and permission of case discrepancy of the act of the state or other body to the law or its edition with abuse of authority, applies the provisions of the law.
4. In case of lack of the rules of law regulating disputable legal relationship, the court applies the rules of law governing the similar relations, and in the absence of such regulations resolves dispute proceeding from the general beginnings and sense of the legislation of the Republic of Kazakhstan.
5. If the law or the agreement of the parties of dispute provide permission of appropriate questions by court, the court shall resolve these questions proceeding from criteria of justice and rationality.
1. Justice on civil cases is performed only by court by the rules established by this Code.
2. Assignment of powers of authority of court somebody attracts the responsibility provided by the law.
3. Decisions extraordinary, and also others illegally the founded courts have no legal force and are not subject to execution.
4. The judgment which was performing civil legal proceedings on incompetent to it to case, exceeded the authority or otherwise significantly broken the principles of civil legal proceedings provided by this Code, are illegal and are subject to cancellation.
5. The judgments on civil case can be checked and reviewed only by the relevant courts according to the procedure, provided by this Code.
1. Everyone has the right according to the procedure, established by this Code, to take a legal action behind protection of the violated or disputed rights, freedoms or legitimate interests.
2. State bodies within the competence, citizens and legal entities according to the procedure, established by this Code having the right to take a legal action with the statement for protection of the violated or disputed legitimate interests of other persons or the uncertain group of people.
The prosecutor has the right to take a legal action with the claim (statement) for the purpose of implementation of the obligations assigned to it and for protection of the rights of citizens and legal entities, public and state interests.
3. Can to nobody without its consent be changed the cognizance provided for it by the law.
4. The disclaimer on appeal to the court is invalid if it contradicts the law or violates someone's rights, freedoms or legitimate interests.
5. The claim (statement) can be filed a lawsuit in writing or in electronic form taking into account the features provided by this Code.
6. If by the law it is established or the agreement provides pre-judicial procedure for dispute settlement for certain category of cases, appeal to the court can be after observance of this procedure.
1. In case of production on civil case the actions degrading the honor or advantage belittling goodwill of person participating in civil process are prohibited.
2. The moral harm done to physical person, the losses caused to physical person or legal entity during civil legal proceedings by illegal actions of the state bodies and officials, and also in connection with making specified in part one of this Article of actions by other persons are subject to compensation in the procedure established by the law.
Private life, personal and family secret are under protection of the law.
Everyone has the right to the mystery of personal deposits and savings, correspondence, telephone negotiations, post, cable and other messages. Restrictions of this right during civil process are allowed only in the cases and procedure which are directly established by the law.
1. The property is guaranteed by the law. Nobody can be deprived of the property, differently as by a court decision.
2. Property attachment for the purpose of providing the claim can be made on the bases and according to the procedure, the provided this Code.
1. The judge in case of administration of law is independent and submits only to the Constitution of the Republic of Kazakhstan and the law.
2. Judges consider and resolve civil cases in the conditions excluding any foreign impact on them. Any intervention in activities of judges for administration of law is forbidden and attracts the responsibility established by the law. On specific cases of the judge are not accountable.
3. Guarantees of independence of judges are established by the Constitution of the Republic of Kazakhstan and the law.
1. Justice on civil cases is performed on the basis of equality of all before the law and court.
2. During civil legal proceedings to anybody from:
citizens preference cannot be given, none of them can be exposed to discrimination based on origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, the residence or on any other circumstances;
legal entities preference cannot be given and any of them cannot be exposed to discrimination based on the place of their stay, form of business, subordination, pattern of ownership and other circumstances.
3. Conditions of civil legal proceedings concerning persons who are immune to civil responsibility are determined by the Constitution of the Republic of Kazakhstan, this Code, the laws and international treaties ratified by the Republic of Kazakhstan.
1. Civil administration of justice is conducted in Kazakh, on an equal basis with Kazakh officially in legal proceedings Russian, and in the cases established by the law and other languages is used.
2. Language of legal proceedings is established by determination of court depending on language in which the action for declaration (statement) is filed a lawsuit. Production on the same civil case is performed in the legal proceedings language established originally.
The court has the right to change to stages of preparation of case for legal proceedings on the written petition of both parties determination legal proceedings language.
If during preparation for consideration of the case in Trial Court it became clear that the claimant does not know language in which his representative submits the action for declaration (statement), then according to the written petition of the claimant the court takes out determination about change of language of legal proceedings.
3. The right to make statements, to offer explanations and indications, to declare petitions, to make complaints, to dispute court resolutions, to get acquainted with case papers, to appear in court in the native language or other language which they know is explained and provided to the persons participating in case not knowing or insufficiently knowing language in which proceeedings are conducted; free of charge to use translation service according to the procedure, established by this Code.
4. In civil legal proceedings to persons who are not knowing legal proceedings language, the court free of charge provides transfer necessary it by law case papers. To persons participating in case, the court free of charge provides transfer into language of legal proceedings of part of pleadings by that which occurs in other language.
5. Court documents which issue from case declared in writing the person who is participating in case and not knowing legal proceedings language are handed to it in transfer into its native language or other language which he knows.
6. Transfer into legal proceedings language shall be attached to the documents made not in legal proceedings language represented by the parties and other persons participating in case after the end of preparation of case for legal proceedings.
1. Civil legal proceedings are performed on the basis of competitiveness and equality of participants. The parties participating in civil process are allocated with this Code equal opportunities to uphold the line item.
3. Court, keeping objectivity and impartiality, performs management of process, creates necessary conditions for realization of procedural law by the parties on complete and objective research of the facts of the case.
The court explains to persons participating in case, their rights and obligation, warns about effects of making or non-execution of legal proceedings, specifies their legal line items and arguments, discusses with them the facts of the case and renders in the cases provided by this Code to them assistance in implementation of their rights.
The court bases the decision only on those proofs, participation in which research was on an equal basis provided to each party.
4. The court according to the motivated petition of the party or on own initiative takes measures for collection and research of case papers, check of justification of arguments of the parties and reliability of the proofs provided to court, and also performs other operations directed to achievement of tasks of civil legal proceedings.
5. The court shows equal and respect for the parties.
1. The judge estimates proofs on the internal belief based on impartial, comprehensive and complete examination available in proofs in their set, being guided at the same time by the law and conscience.
2. No proofs have predefined force for court.
1. Nobody shall give evidences against himself, the spouse (spouses) and close relatives whose circle is determined by the law.
2. Priests shall not witness against trusted in them on confession.
3. In the cases provided by parts one and the second this Article, specified persons have the right to refuse evidence and cannot be made responsible.
1. Everyone has the right during civil process of qualified legal aid according to provisions of this Code.
2. In the cases provided by the law, legal aid is given free of charge.
1. Trial of civil cases happens in all degrees of jurisdiction openly. Court resolutions appear publicly.
2. In the closed judicial session according to the law consideration and permission of cases, including announcement of the decision, containing the data which are the state secrets are performed.
According to the petition of person participating in case in the closed judicial session it can be considered and the civil case is authorized if it is necessary to provide secrecy of adoption, personal privacy, preserving the personal, family, commercial or protected by the law other secret or are available other circumstances interfering open trial and also in the case provided by part four of article 188 of this Code.
3. Personal correspondence and other personal messages can be announced in proceeding in open court only with the consent of persons between whom there was this correspondence and which these personal messages concern. In case of lack of such consent correspondence and messages are disclosed and researched in the closed judicial session.
The specified rules are applied also in case of research audio-, videos, materials photo and filming and other materials on the electronic, digital and other material media containing data of personal nature.
4. 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 who are warned by court about responsibility for disclosure of the data specified in part two of this Article.
5. In courtroom citizens more young are not allowed than sixteen years if they are not persons participating in case or witnesses.
6. Trial of case in the closed judicial session is conducted with observance of all rules established by this Code.
7. Persons participating in case and other persons, including representatives of mass media, attendees in proceeding in open court, have the right to do notes on the course of judicial session, to fix it by means of funds of audio recording and digital carriers from the places taken by them in the hall. Film and photographing, video, straight line of radio - and the TV broadcast, video broadcasting on the information and communication Internet are allowed in the hall of legal proceedings from the leave of court and taking into account opinion of persons participating in case. About it it is specified in determination of court which is entered in the protocol of judicial session. These actions shall not disturb the normal course of judicial session and can be limited to court in time.
8. About trial of case in the closed judicial session concerning everything or part of legal proceedings the court takes out determination which is entered in the protocol of judicial session.
9. The court resolutions which took legal effect are published on Internet resource of court and can publicly be discussed taking into account the restrictions set by part two of this Article and other laws.
10. Information on the addresses which arrived in court on the civil cases which are in production of court is subject to the bringing to publicity and bringing to data of participants of process by placement of this information on official Internet resource of court.
1. Legal proceedings of case shall happen in the conditions ensuring normal functioning of court and safety of persons which are present at courtroom. Maintenance of public order in the hall during judicial session is provided with the bailiff.
2. For the purpose of safety of the judge and the citizens who are present at courtroom the chairman can dispose about conducting check of persons wishing to be present at case trial including verification of the documents proving their identity, personal inspection and examination of the things which are carried by by them.
1. The Trial Court adopts court resolutions on civil cases in the form of writs, decisions, determinations, resolutions.
Courts of appeal, cassation instances adopt court resolutions in the form of determinations and resolutions.
2. 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 resolutions based on the law or other regulatory legal act which is acknowledged the Constitutional Council of the Republic of Kazakhstan unconstitutional to execution are not subject.
3. Non-execution of court resolutions, and is equal other disrespect for court attract the responsibility provided by the law.
4. Obligation of court resolution does not deprive of the interested persons who were not participating in case, opportunity to take a legal action behind protection of the violated or disputed rights, freedoms and legitimate interests.
Court resolutions can be appealed according to the procedure, the established this Code, persons participating in case and also persons concerning whose rights and obligations the court takes out court resolutions.
1. Courts according to the procedure of civil legal proceedings consider and resolve cases on protection of the violated or disputed rights, freedoms and legitimate interests if according to this Code and other laws their protection is not performed in other procedure.
2. Civil cases of claim production on the disputes following from civil, family, employment, housing, financial, economic, land and other legal relationship are subordinated to courts.
3. The cases of special claim proceeding provided by this Code are subordinated to courts.
4. Cases of special proceeding which categories are provided by this Code are subordinated to courts.
5. Cases with participation of foreigners, stateless persons, the foreign organizations, and also with participation of the international organizations are subordinated to courts if other is not provided by the law, international treaties ratified by the Republic of Kazakhstan, or the agreement of the parties.
6. Cases on recognition and carrying out of decisions, writs of foreign vessels and arbitral decisions are subordinated to courts.
7. Cases on cancellation of arbitral decisions and on the circulation of such decisions to forced execution are subordinated to courts.
8. Other categories of civil cases also can be referred to jurisdiction of courts according to the law.
9. Claims for release of property from arrest (exception of the inventory) concerning the property of persons imposed are not subject to consideration according to the procedure of civil legal proceedings:
1) criminal prosecution authority in case of investigation of criminal case;
2) based on sentence (resolution) of court on confiscation of property in which the objects which are subject to confiscation and also about the address to the income of the state of the property got in the illegal way or acquired on the money earned in the illegal way, and also which is the tool or means of making of criminal offense are specified;
3) based on the court order about confiscation of subject or the tool of making of administrative offense.
Legitimacy of actions of the body conducting criminal procedure, case on administrative offense on the questions concerning seizure, confiscation, the address to the income of the state of property is subject to check according to the procedure, established by the Code of penal procedure of the Republic of Kazakhstan and the Code of the Republic of Kazakhstan about administrative offenses.
The dispute (conflict) subordinated to court which arose from the civil relations over the written agreement of the parties can be resolved according to the procedure of mediation, the participative procedure or is submitted arbitration, court of the International financial center "Astana" in cases when it is not forbidden by the law.
1. In case of combination of several requirements connected among themselves from which one are subordinated to court and others - to non-judicial bodies, all requirements are subject to consideration in court.
2. In case of doubt in interpretation or availability of collision of the laws concerning jurisdiction of specific dispute it is considered by court.
Civil cases are considered and permitted by the district (city) and equated to them courts, except for cases, the provided 1-2 articles 27 of this Code.
1. Specialized interdistrict economic courts consider and resolve civil cases on receivership and non-property proceeding in which parties are the physical persons performing individual business activity without formation of legal entity, legal entities and also on corporate disputes, except for cases which cognizance to other court is determined by the law.
Disputes which party are the commercial organization, association (union) of the commercial organizations, association (union) of the commercial organizations and (or) individual entrepreneurs, the non-profit organization having the status of self-regulatory organization according to the laws of the Republic of Kazakhstan and (or) its shareholders (participants, members) including who were (further - corporate disputes), connected with belong to corporate disputes:
1) creation, reorganization and liquidation of the legal entity;
2) accessory of shares of joint-stock companies, share in the authorized capital of economic partnerships, shares of members of cooperatives, establishment of their encumbrances and realization of the rights following from them, including recognitions of transactions with them invalid, except for the disputes arising in connection with the Section of heritable property or the Section of the common property of spouses including shares of joint-stock company, share in the authorized capital of economic partnerships, shares of members of cooperatives;
4) recognition invalid transactions and (or) application of effects of invalidity of such transactions;
5) appointment or election, the termination, suspension of the powers and responsibility of persons which are or entering part of governing bodies of the legal entity, and also the disputes arising from civil legal relationship between such persons and the legal entity in connection with implementation, the termination, suspension of their powers;
6) issue of securities;
7) maintaining system of registers of security holders, taking into account share rights and other securities, and also the disputes connected with placement and (or) security circulation;
8) recognition of invalid state registration of share issue;
9) convocation and holding general meeting of members of the legal entity and the decisions made on it;
The paragraph is excluded
1-1. Specialized interdistrict economic courts also consider cases on restructuring of the financial organizations and the organizations entering into banking conglomerate as the parent organization and not being the financial organizations, in cases, provided by the laws of the Republic of Kazakhstan, case on debt restructuring, rehabilitation and bankruptcy of individual entrepreneurs and legal entities and also their liquidations without initiation of bankruptcy proceedings.
1-2. The specialized interdistrict economic court of the city of Nour-Sultan considers civil cases on investment disputes, except cases, cognizable to specialized interdistrict administrative court of the city of Nour-Sultan, and also the claims of state bodies to investors connected with investing activities of the investor with participation:
1) the foreign legal entity (its branch, representation) performing business activity in the territory of the Republic of Kazakhstan;
2) the legal entity created with foreign participation according to the procedure, established by the legislation of the Republic of Kazakhstan, fifty and more percent of voting shares (share in the authorized capital) which belong to the foreign investor;
3) investors in the presence of the signed contract with the state for implementation of investments.
2. Military courts consider civil cases if one of the parties are the serviceman, bodies of military management, military unit, except for put, cognizable to other specialized freighters.
3. Specialized interdistrict juvenile courts consider and resolve civil cases on disputes on determination of the residence of the child; determination of procedure for communication of the parent with the child and confiscation of the child who is at other persons; about determination of the residence of the child in case of departure of the child with one of parents out of republic limits on the permanent residence; about deprivation (restriction) and recovery of the parent rights; about adoption (adoption) of the child and his cancellation; about the direction of minors in the special organizations of education or the organization of education with specific mode of content; on the disputes arising from guardianship and custody (patronage) over minors; about paternity proof of the minor and collection of the alimony from it; according to statements for restriction or deprivation of the minor aged from fourteen up to eighteen years of the right to dispose independently of the income; about the announcement of the minor sui juris (emancipation); about paternity proof and about collection of the alimony in percentage terms or firm sum of money on content of the child; about reduction of the size of the alimony; about protection of labor, housing laws of minors; about indemnification, caused jointly minor and full age, including with participation incapacitated or restrictedly capable full age.
According to the petition of legal representatives of the minor of case, carried to cognizance of specialized interdistrict juvenile court, can be considered or can be transferred to district (city) court at the place of residence (stay) of the child, except for put, cognizable to the district (city) courts which are in limits of the cities of republican value and the capital, the regional centers. The petition can be submitted before the end of preparation of case for legal proceedings.
5. Other disputes following from legal relationship with participation of the investor, which are not connected with investing activities and also the disputes with participation of the investor which are subject to consideration in the simplified production are jurisdictional to the district (city) and equated to them courts according to the cognizance established by Chapter 3 of this Code.
The Supreme Court of the Republic of Kazakhstan considers and resolves civil cases by rules of Trial Court:
1) about contest of decisions and actions (failure to act) of Central Election Commission of the Republic of Kazakhstan, decisions and actions (failure to act) of the Central commission of referendum;
1. The claim is made in court at the place of residence of the defendant.
The residence of the physical person including performing individual business activity without formation of legal entity is determined by the rules established by the Civil code of the Republic of Kazakhstan.
2. The claim to the legal entity is made in court in the location of the legal entity according to constituent documents and (or) the address entered in the National register of business and identification numbers. The claim to the organization without formation of legal entity is made in the place of its stay.
1. The claim to the defendant whose residence is unknown or not taking residences in the Republic of Kazakhstan can be shown in the location of its real estate or in the last known place of his residence.
2. The claim to the legal entity can be made also in the location of its property.
5. Compensatory actions, caused by mutilation or other damage of health, and also caused by the death of the supporter can be shown by the claimant in the place of the residence or in the place of damnification. In case of liquidation of the legal entity recognized in accordance with the established procedure responsible for the harm done to life or health claims are made in the location of the corresponding administrator of the budget program.
6. The claims following from agreements in which the place of execution is specified can be shown also in the place of agreement performance.
7. Actions of rescission of scrap can be made at the place of residence of the claimant in case of accommodation with it jointly minor children.
8. Claims for recovery of the property and non-property rights violated by illegal attraction to the criminal or administrative responsibility, illegal application of measure of procedural coercion or measure of ensuring proceeedings about administrative offense can be shown at the place of residence or findings of the claimant.
10. Indemnification claims, the courts caused by collision, and also about collection of remuneration for assistance and rescue at the sea can be shown also in the location of the defendant or vessel's home port.
11. Recovery suits of insurance payment for the insurance contract can be made at the place of residence of the claimant or in the location of the defendant.
12. Claims to several defendants can be made at the place of residence or findings of one of defendants in the choice of the claimant.
13. The choice between several courts to which according to this Article case is jurisdictional belongs to the claimant, except for cognizance, stipulated in Clause 31 of this Code.
1. Claims for the rights to the parcels of land, buildings, rooms, constructions, other objects firmly connected with the earth (real estate) for release of real estate from arrest, about the address of collection on the pledged real estate, about the termination or recognition of the agreement of pledge of real estate are shown to invalid in the location of these objects.
If real estate units are in different settlements, the claim is made in court in the location of one of objects.
If real estate units are in the territory of one settlement, the claim is made in court in the location of one of objects.
2. The claims of creditors of the testator made to heirs, the testamentary executor (to the trustee inheritance), are jurisdictional to court in the location of heritable property according to the rules established by part one of this Article.
3. Claims for recognition by the unworthy heir, recognition of inheritance escheated, prolongation or recovery of term for inheritance acceptance, refusal of inheritance are shown in the place of opening of inheritance.
4. The claims to carriers following from transportation agreements of loads, passengers or baggage are shown in court in the location of carrier (transport organization, the individual entrepreneur).
5. Indemnification claims, foreign state of jurisdictional immunity of the Republic of Kazakhstan and its property caused by violation, are shown in court in the location of the claimant if other is not provided by the international treaty ratified by the Republic of Kazakhstan.
The parties can under the agreement among themselves change territorial cognizance for this case including on the cases which are in production of court at stage of preparation of case for legal proceedings. Cognizance, stipulated in Clause 31 of this Code, cannot be changed by the agreement of the parties.
1. The claim of the third party declaring the independent requirement, and the counter action irrespective of their cognizance, are shown in court in the place of consideration of the original action.
2. In case of presentation of several claims to one defendant the court has the right to combine them in one production if the matter in issue or the basis are connected with matter in issue or foundation of the court of case which is available in production, and cognizance of such claims will not break cognizance of the court of case which is in production.
3. The claim following from criminal case if it was not declared or was not resolved as the civil action in case of criminal proceeding or left court without consideration, except as specified, 23 of this Code provided by Article part nine, is shown for consideration according to the procedure of civil legal proceedings to the convict to imprisonment in the place of his residence before condemnation or at the place of residence or findings of the claimant.
The claim following from criminal case about socially dangerous act deranged if it was not declared or was not resolved as the civil action in case of proceeedings or left court without consideration in case of proceeedings, is shown for consideration according to the procedure of civil legal proceedings at the place of residence of person bearing liability for actions deranged or at the place of residence or findings of the claimant.
1. The case accepted by court to production with observance of rules of cognizance shall be authorized to them in essence, at least further it became cognizable to other court.
2. The court submits case of other court if:
1) the defendant whose residence was not earlier known, will declare the petition for case referral in court at its place of residence;
2) after removal of one or several judges consideration of the case in this court becomes impossible;
3) when considering the case in this court came to light that it was accepted to production with cognizance abuse of regulations;
4) there are bases provided by part three of article 27 of this Code;
5) there are bases, stipulated in Article 32 of this Code.
3. Statements of the parties for case incompetence are permited to this court by this court. On the issue of case referral in other court determination is taken out. The private complaint can be made about determination, the petition by the prosecutor in Appeal Court which decision is final is brought and is not subject to appeal, protest.
4. In the cases provided by the subitem 2) of part two of this Article determination about case referral in superior court for determination of its cognizance is taken out. The question of case referral in other court is considered by the judge of superior court solely without notice of persons participating in case and without carrying out judicial session. By results of consideration determination which is final is taken out and is not subject to appeal, protest.
5. 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.
In case of the consent of both parties with the cognizance determined by court according to their written petition case referral from one court in another is made without delay after determination removal.
6. Disputes on cognizance between courts are resolved by superior court which decision is final and is not subject to appeal, protest.
The dispute between the Trial Courts located in different areas, the cities of republican value and the capital is allowed by the Supreme Court of the Republic of Kazakhstan on representation of the relevant regional and equated to it court.
1. Civil cases in Trial Court are considered and permitted by the judge solely who acts on behalf of court.
2. It is excluded
3. It is excluded
4. Hearing of cases in Appeal Court is made by joint structure of court in the odd number (at least three) judges of the regional and equated to it court, one of whom is chairman, or solely the judge according to Article 402 of this Code.
5. Hearing of cases in court of cassation instance is made by joint structure of court in the odd number (at least three) judges of the Supreme Court of the Republic of Kazakhstan under the chairmanship of the chairman of judicial board or one of judges according to its order.
6. Hearing of cases on review of court orders of cassation instance is made in joint structure in the odd number (at least seven) judges under the chairmanship of the Chairman of the Supreme Court of the Republic of Kazakhstan or one of judges according to its order.
7. The structure of court for consideration of specific case is created taking into account loading and specialization of judges according to the procedure, excluding influence on its forming of persons interested in the result of legal proceedings including with use of the automated information system.
8. Case which consideration is begun by one judge or structure of court shall be considered by the same judge or structure of court.
Cases on the disputes arising within the rehabilitation procedure and insolvency proceeding including on recognition of the bargains concluded by the debtor or person authorized by it, invalid on return of property of the debtor, about collection of receivables in claims of the bankrupt or rehabilitation managing director, are considered by the same judge who passes the decision on application of the rehabilitation procedure or on recognition of the debtor by the bankrupt, except for cases on disputes which cognizance is stipulated in Clause 31 of this Code.
9. Replacement of the judge or one of judges is possible in case:
1) declared and satisfied according to the procedure, established by this Code, rejection or removal of the judge;
2) long absence of the judge in view of disease, leave, stay on study, stays on official journey;
3) if between the parties the agreement when carrying out mediation is not reached and there is no consent of the parties to consideration of the case by the same judge.
10. Replacement of the judge is made also in cases of the termination or suspension of its powers on the bases, the established law.
11. In case of replacement of the judge in proceedings on the reference legal proceedings shall be made from the very beginning. Making of legal proceedings in cases, being urgent, including adoption of the action for declaration or statement and initiation of proceeedings, consideration of the application about providing the claim, adjournment of legal proceedings, one judge instead of other judge according to the procedure of interchangeability is not replacement of the judge.
1. All judges by consideration and permission of cases by joint structure of court have the equal rights. All questions arising by consideration and permission of case by joint structure of court are solved judges by a majority vote. In case of the solution of each question none of judges have no right to abstain from vote.
2. The chairman makes offers, states the judgments and votes the last.
3. The judge not concordant with the solution of the majority shall sign this decision and can state in writing the special opinion which is filed in sealed envelope. The court of cassation instance has the right to obtain special opinion by consideration of this case. About availability of special opinion of the judge of person, participating in case, are not informed, the special opinion in courtroom is not disclosed.
1. The judge who was taking part in consideration and permission of civil case in Trial Court cannot participate in consideration of this case repeatedly in Trial Court, and also in courts of appeal, cassation instances, and is equal participate in new trial of case in case of cancellation of the decision made with its participation.
2. The judge who was involved in consideration of the case in Appeal Court cannot participate in consideration of this case in courts of the first, cassation instances, and is equal participate in new trial of case in Appeal Court in case of cancellation of the court resolution adopted with its participation.
3. The judge who was involved in consideration of the case in court of cassation instance cannot participate in consideration of the same case in courts of the first, appeal instances, and is equal participate in new trial of case in court of cassation instance in case of cancellation of the court resolution adopted with its participation.
1. The judge cannot participate in consideration and permission of case and is subject to branch (rejection) if it:
1) by the previous consideration of this case participated in quality of the judge who was carrying out mediation, the prosecutor, the witness, the expert, the specialist, the translator, the consultant, the agent of the party or the third party, the court session secretary, the legal executive;
2. The judges consisting in relationship, being spouses or cousins-in-laws among themselves cannot enter into joint structure of the court considering case.
1. The bases for branch (rejection) specified in subitems 2), 3) to part one of article 38 of this Code extend also on participating in consideration and permission of case of the prosecutor, court session secretary, specialist, translator, consultant, expert.
2. The expert, the specialist, the translator, besides, cannot participate in consideration and permission of case by court if:
1) it is or was in job or other dependency from persons participating in case or their representatives;
2) it made audit or check which results formed the basis for appeal to the court or are used by consideration of this civil case;
3) his incompetence, including clarification of the circumstances important for case was found, goes out of the sphere of its special knowledge.
3. Participation of the prosecutor, specialist, translator, consultant, court session secretary by the previous consideration and permission by court of case in quality according to the prosecutor, the specialist, the translator, the consultant, the court session secretary is not the basis for their branch. The previous participation of person in case in quality of the expert is not the circumstance excluding the order to it productions of additional examination on case except cases when it is appointed repeatedly later the expertize which is carried out with its participation.
1. In the presence of the circumstances specified in Articles 38, of the 39th of this Code, the judge, the prosecutor, the expert, the specialist, the translator, the consultant, the court session secretary shall declare rejection. On the same bases branch shall be declared by persons participating in case.
2. Branch (rejection) shall be motivated and declared in writing prior to substantive prosecution. During consideration of the case the statement for branch (rejection) is allowed in that case when the basis of branch (rejection) became known to the court or person declaring branch (rejection) later began consideration of the case.
3. The repeated statement of branch to the judge on earlier declared bases is not allowed.
1. Branch (rejection) declared to the prosecutor, the court clerk, the specialist, the expert, the translator, the consultant in judicial session is considered and allowed by court in the same judicial session.
The judge considers written branch (rejection) declared out of judicial session without notice of the parties no later than the next working day from the date of its receipt, and in need of clarification of additional circumstances - in the following judicial session.
2. Branch (rejection) declared to the judge of Trial Court is considered and resolved by the chairman or other judge of this court without notice of the parties no later than the next working day from the date of its statement, and in case of their absence - the judge of the relevant regional and equated to it court no later than the next working day from the date of its receipt.
3. Branch (rejection) declared to the judge of Appeal Court is considered and resolved by the chairman of justices of appellate instance solely without notice of the parties in time no later than the next working day from the date of its statement, and in case of its absence - other judge of this appellate instance.
4. When considering the case of court by joint structure branch (rejection) declared to one of judges is considered by other judges of joint structure of court. The court on the declared branch hears opinion of persons participating in case, opinion of the taken-away judge if he wishes to offer explanation. Branch (rejection) is allowed without participation of the judge to which branch (rejection) is declared. In case of equal number of votes, given for and against branch (rejection), branch (rejection) is considered satisfied.
5. Branch (rejection) declared to two and more judges or all judges of joint structure of the court considering case in judicial session is allowed by the same court en banc by a simple majority vote.
6. In case of variation of the statement for branch (rejection) consideration and permission of case continue in the same judicial session and the same structure of court.
7. In case of allowance of the application about branch (rejection) consideration of the case is postponed. Persons participating in case and their representatives are informed on time and the place of consideration of the case in new judicial session.
8. Determination of court by results of consideration of the application about branch (rejection) is not subject to appeal, revision according to the petition of the prosecutor. Arguments about disagreement with determination can be included in the petition for appeal, the appeal petition of the prosecutor, the application for revision of court resolution in cassation procedure or the prosecutor's appeal.
1. In case of removal (rejection) of the judge considering case solely in the district or equated to it court, this case is considered in the same court by other judge. The case is submitted to other Trial Court through superior court if in court in which production there is case replacement of the judge is impossible.
2. In case of removal (rejection) of the judge or removal of all structure of court when considering the case in the regional or equated to it court, the Supreme Court of the Republic of Kazakhstan case is considered in the same court by other judge or other list of judges.
3. The case shall be submitted to the Supreme Court of the Republic of Kazakhstan for determination of court in which it will be considered if in the regional or equated to it court after satisfaction of rejections or branches it is impossible to form new structure of court for consideration of this case.
1. Persons participating in case the parties are recognized; third parties; prosecutor; state bodies; local government bodies; the legal entities or citizens entering process on the bases provided by Articles 55 and 56 of this Code; applicants and other interested persons on the cases considered by the court according to the procedure of special proceeding listed in Article 302 of this Code.
2. The list of persons participating in case is determined by content of subject and the bases of requirements, objections of the parties and other persons who are participating in case, and subject to application of the laws.
Capability have civil procedural law and obligations (civil standing in court) is recognized equally for all citizens and legal entities who are subjects of the substantive right.
1. Capability the actions independently to perform the rights and to fulfill duties in court (civil procedural capacity to act) belongs in full to the citizens who reached eighteen years, to legal entities.
2. The rights, freedoms and legitimate interests of minors aged from fourteen up to eighteen years, and also citizens, acknowledged it is limited by capable, defend themselves in court their parents or other legal representatives. The court shall recruit in such cases of the minors or citizens recognized restrictedly as capable. According to the petition of legal representatives of the minors or citizens recognized restrictedly capable the court can recruit in the case of the prosecutor.
3. The rights, freedoms and legitimate interests of the minors which did not reach fourteen years and also the citizens recognized as incapacitated defend themselves in court their legal representatives, the prosecutor.
4. In the cases provided by the law on the cases arising from civil, family, employment, cooperative and other legal relationship and from the transactions connected with the order the received earnings or entrepreneurial incomes, minors aged from fourteen up to eighteen years have the right to personally protect the rights and legitimate interests in court.
5. The minors emancipated on the bases provided by the law acquire full procedural legal capacity from the moment of emancipation.
6. The court has the right to recruit at discretion in cases of legal representatives of the minors specified in parts four and the fifth this Article for rendering the help to them.
1. Persons participating in case have the right to get acquainted with case papers, to do statements of them and to make copies; declare branches; produce the evidence and participate in their research; ask questions to other persons participating in case, to witnesses, experts and specialists; declare petitions, including for taking measures to providing the claim, to providing proofs, for reclamation of corroborating evidences, for application of conciliatory procedures; offer oral and written explanations for court; give the arguments on all questions arising during legal procedure; object to petitions and arguments of other persons participating in case; participate in judicial debate; get acquainted with the protocol of judicial session and submit on it written notes; appeal decisions, determinations and court orders; have other procedural law granted by the legislation of the Republic of Kazakhstan on civil legal proceedings. They shall have honesty all procedural law belonging to them, without abusing the rights of other persons, without violating their interests and not to allow intentional tightening of terms of consideration and permission of case.
Participation in case can be provided with use of technical means of communication in cases and procedure which are established by this Code.
2. Persons participating in case shall tell court the valid facts of the case completely and truthfully, to express or submit to court the written instruments confuting the facts approved by other party. Non-execution by persons participating in case of procedural obligations attracts approach of the procedural effects provided by this Code.
3. The parties participating in the corporate dispute having the right to request each other and witnesses have documents important for case without specifying each specific document.
The parties cannot request each other and witnesses have documents containing the state secrets or other secret protected by the law.
4. The actions specified in parts one and the second this Article can be made by means of filing of applications and petitions, documents in writing or in electronic form.
1. The parties in civil process are the claimant and the defendant.
Claimants are the citizens and legal entities who made the claim in protection of the violated or disputed rights and freedoms, legitimate interests or in protection of which the claim by other persons according to the procedure, provided by this Code is made.
Defendants are citizens and legal entities to whom the claim is imposed.
2. In the cases provided by the law, the organizations, not being legal entities can be the parties also.
3. Person for the benefit of whom case is begun according to the statement of the persons having under the law the right to appeal to the court behind protection of the rights, freedoms and protected by the law of interests of other persons is informed by court on the arisen process and participates in it as the claimant.
4. The state can be the party in civil process.
5. The parties have the equal procedural law and perform equal procedural duties.
1. The claimant has the right to change the basis or subject of action, to increase or reduce the size of claims or to refuse the claim, the defendant has the right to recognize the claim, the parties can end case by the voluntary settlement or the agreement on dispute settlement (conflict) according to the procedure of mediation or the agreement on dispute settlement according to the procedure of participative procedure for the rules provided by Articles 169, of 170, 171 and Chapter 17 of this Code.
2. The court has no right on the initiative to change subject or the basis of the claim. The court does not accept refusal of the claimant of the claim, recognition of the claim by the defendant and does not approve the voluntary settlement of the parties or the agreement of the parties on dispute settlement (conflict) according to the procedure of mediation or the agreement on dispute settlement according to the procedure of the participative procedure if these actions contradict the law or violate someone's rights, freedoms and legitimate interests.
3. In case of change of the basis or subject of action, increase or reduction of the size of claims the current of term of consideration of the case is estimated from the date of presentation of original requirement.
1. The claim can be made jointly by several claimants to one or to several defendants. Each of claimants or defendants in relation to other party acts in process independently. The parties can charge conducting case to respectively one of co-plaintiffs or codefendants based on the power of attorney.
2. Participation in case of several claimants or defendants is allowed if:
1) matter in issue are common laws and obligations of several claimants or several defendants;
2) the rights and obligations of several claimants or several defendants have one basis;
3) matter in issue are the homogeneous (identical) rights and obligations of several claimants or several defendants.
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