of January 25, 2017 No. 14
Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 15, 2016
1. The procedure for civil administration of justice in courts of the Kyrgyz Republic is determined by the Constitution of the Kyrgyz Republic, the constitutional Law of the Kyrgyz Republic "About the status of judges 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. Civil administration of justice is performed according to the legislation existing during consideration and permission of case, making of separate legal proceedings or execution of court resolutions or acts of other bodies.
The basic concepts applied in this Code:
1) the lawyer - the citizen of the Kyrgyz Republic who obtained in the procedure established by the law the license for the occupation right lawyer activities and being the member Advokatury;
2) the petition for appeal (representation) - the claim or representation brought by persons participating in case in Appeal Court on the court resolution of Trial Court which did not take legal effect;
3) civil cases (in sense of this Code) - cases, including 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 and interests protected by the law;
6) the writ of appeal (representation) - the claim or representation brought by persons participating in case in judicial board of the Supreme Court of the Kyrgyz Republic on the court resolution of court of the first, appellate instance which took legal effect;
7) 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;
8) mediation - the procedure of settlement of legal dispute with assistance of mediator (mediators) by approval of interests of parties at variance for the purpose of achievement of the mutually acceptable agreement by them;
9) mediator - the impartial physical person meeting the requirements of the law on mediation, giving help to the parties in carrying out mediation;
10) the mediativny agreement - the written agreement of the parties about settlement of legal dispute reached by them as a result of mediation;
11) regional court - regional and the Bishkek city court;
12) the chairman - the judge presiding in case of joint consideration of the case or considering case solely;
13) representation - the claim of the prosecutor to court resolution;
14) prosecutor - The Attorney-General of the Kyrgyz Republic, the Military prosecutor, prosecutors of areas, the prosecutor of the city of Bishkek, district and city prosecutors, their deputies and assistants, prosecutors of managements and departments of prosecutor's offices acting within the competence;
15) the protocol - the procedural document in which all legal proceedings taking place in judicial session are fixed;
16) district court - the district and equated to them courts (district court in the city, city court if other is not established by this Code);
17) the parties - the bodies and persons acting in civil legal proceedings on the basis of equal rights and competitiveness;
18) court - the judge, structure of judicial board considering civil cases on the first instance in appeal procedure, in cassation procedure;
19) court resolution - the act of court (the decision, determination, the resolution, the order) constituted by court according to requirements of this Code and resolving civil case in essence or the solution of the questions arising during civil legal proceedings;
20) the judge - the professional judge of any court, the chairman, the vice-chairman of court considering case;
21) Trial Court - the court authorized on direct establishment in judicial session of the facts of the case and acceptance on it court resolutions;
22) Appeal Court (court of the second instance, appellate instance) - judicial board on civil cases or on economic cases of regional court, considering the petition for appeal (representation) on the act of Trial Court which did not take legal effect;
23) court of cassation instance (cassation instance) - judicial board on civil cases or on economic cases of the Supreme Court of the Kyrgyz Republic, considering the writ of appeal (representation) on the court resolution of court of the first, appellate instance which took legal effect;
24) the private claim (representation) - the claim or representation brought by participants of process on determination of court or on the judge's ruling;
25) private determination - the determination which is taken out by court which the court draws the attention of heads of state bodies, and also the 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.
1. The purpose of civil legal proceedings is protection of the violated or disputed rights, freedoms and interests of citizens and legal entities protected by the law irrespective of pattern of ownership, state bodies and local government bodies, other persons which are subjects of civil, employment 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 execution, to promote strengthening of legality, law and order and the prevention of offenses.
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 and 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.
1. The court initiates civil case according to the statement of person interested in protection of the rights, freedoms and 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 and 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.
1. Justice on civil cases is performed only by courts by the rules established by the legislation on civil legal proceedings.
2. In the cases provided by the law and procedure citizens of the Kyrgyz Republic have the right to participate in administration of law.
Justice on civil cases is performed on the basis of equality before the law and court of all citizens irrespective of floor, race, language, disability, ethnic origin, religion, age, political or other convictions, education, origin, property or other status, other circumstances, and also all legal entities irrespective of pattern of ownership, the location, subordination and other circumstances.
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 and the Bishkek city court in appeal procedure are considered by jointly judicial structures from three judges.
3. In the Supreme Court of the Kyrgyz Republic consideration of civil cases in cassation procedure is performed by judicial structure of judicial boards from three judges.
1. When implementing justice of the judge are independent and submit only to the Constitution and the laws of the Kyrgyz Republic.
2. Guarantees of independence of judges are established by the Constitution and the laws of the Kyrgyz Republic.
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.
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.
The court considers civil cases precisely according to the address of interested persons provided respectively to this Code, in limits of the requirements declared by them and based on proofs of the parties and other persons which take part in case. Person who takes part in case disposes of the rights concerning matter in issue at own discretion.
1. Civil administration of justice is conducted in the state or official language.
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 (signer) 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 resolutions are handed to persons participating in case in language in which legal proceedings were conducted.
The documents in foreign languages of person participating in case represent with the attached translation into the state or official language certified in accordance with the established procedure.
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 audio recording the course of legal proceedings. Film and photographing, video, broadcast of judicial session per radio, television and on the information and telecommunication Internet are allowed from the leave of court.
Broadcast of the closed judicial session per radio, television and on the information and telecommunication Internet 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 which 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, and on the cases considered in closed meeting, the substantive provisions of the judgment with the consent of the parties publicly are announced.
1. The court in case of substantive prosecution shall research directly proofs on case: hear explanations of the parties and the third parties, testimonies of witnesses, expert opinions, to study written proofs and to inspect physical evidences, to listen and see audio-and videos.
2. In case of research of proofs on case the court hears consultations and explanations of the specialist.
3. Trial of case happens orally and in case of the invariable list of judges. In case of replacement of one of judges in proceedings on the reference trial shall be made since the beginning.
1. The court shall resolve civil cases based on the Constitution, 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 the 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, sense and the principles of the civil procedural legislation (analogy is right) and requirements of conscientiousness, rationality and justice.
4. The court according to the law or the international treaty which came in the procedure established by the law into force which participant is the Kyrgyz Republic by consideration and permission of cases applies rules of international law.
5. 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.
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.
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 and economic cases in Appeal Court are considered by judicial board as a part of three judges.
3. Civil and economic cases are considered in cassation procedure in the Supreme Court of the Kyrgyz Republic by judicial structure from three judges.
4. All judges by hearing of cases have the equal rights.
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 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.
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;
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.
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 second instance cannot participate in de novo review of the same case in the same instance.
3. Requirements of part 2 of this Article do not extend to cases of hearing of cases on newly discovered facts or new circumstances, and also to cases of the previous consideration of the case without decision.
4. Participation of the judge of the Supreme Court of the Kyrgyz Republic in consideration of the case in cassation procedure is not obstacle for its repeated participation in consideration of this case in the same order.
1. The bases for branch specified in Items 1 and 2 of part 1 of article 19 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:
if they are or were in job or other dependency from any of persons participating in case or their representatives;
if they made audit which materials formed the basis for appeal to the court or are used by consideration of this civil case.
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 Items 1 and 2 of part 1 of article 19 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 its branch.
1. In the presence of the circumstances specified in Articles 19, 20 and 21 of this Code, the judge shall declare rejection.
In the presence of the circumstances specified in Article 19 and part of 1 Article of 21 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 unfounded allegation about removal of the judge and other participants of process is not subject to satisfaction.
1. In cases of the statement of branch the court hears opinions of persons participating in case and also hears person to whom branch is declared if taken away wishes to offer explanations.
2. 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.
3. The statement for removal of the prosecutor, the expert, the specialist, the translator and the court session secretary is allowed by the court considering case by removal of motivated determination.
4. 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 statement for removal of the judge is allowed.
5. By results of consideration of the application about removal of the judge motivated determination about satisfaction or about refusal in satisfaction of the declared branch is taken out. Determination on the issue of branch and rejection is not appealed, but arguments can be included in appeal, cassation claims.
6. No. 39 voided according to the Law of the Kyrgyz Republic of 11.04.2020
1. In case of removal (rejection) of the judge considering case in Trial 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 where case is considered, replacement of the judge becomes impossible. On economic cases case is transmitted through the Supreme Court of the Kyrgyz Republic.
2. In case of removal (rejection) of judges when considering the case in court of appeal, cassation instance 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 19 of this Code in Appeal 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 instance through superior court.
Courts consider all cases according to the procedure of civil legal proceedings, except for the cases referred to the constitutional and administrative legal proceedings.
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.
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.
1. To district court (to district court in the city, to city court) all civil cases, except cases, cognizable to administrative court are jurisdictional.
2. No. 39 voided according to the Law of the Kyrgyz Republic of 11.04.2020
1. Paragraph one of ceased to be valid according to the Law of the Kyrgyz Republic of 11.04.2020 No. 39
Consolidation in one production of several requirements which are subject to consideration in different sudoproizvodstvo is not allowed.
1. The claim is made in court at the place of residence of the defendant.
2. The claim to the legal entity is made in the location of the legal entity or in the location of its property.
3. The claim of the founder (the participant, the shareholder) to the legal entity is shown in the location of this legal entity.
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, about paternity proof, about deprivation or restriction of the parent rights 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 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.
6. 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.
7. Claims for consumer protection can be made also at the place of residence of the claimant or on detention center or agreement performances.
8. The claims following from the agreement in which the place of execution is specified can be shown also in the place of agreement performance.
9. The choice between several courts to which according to this Article case is jurisdictional belongs to the claimant, except for cognizance, stipulated in Clause 32 of this Code.
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.
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 action, the claim of the third party declaring independent requirements regarding dispute irrespective of its cognizance is shown in court in the place of consideration of the original action.
3. The civil action following from criminal case is shown for consideration according to the procedure of civil legal proceedings by the rules of cognizance established by this Code.
1. The parties can under the agreement among themselves change territorial cognizance for this case.
2. Cognizance, stipulated in Clause 32 of this Code, cannot be changed by the agreement of the parties.
1. 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 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;
2. About case referral in other court or about refusal in case referral in other court on the bases provided in Items 1, 3 and 4 parts of 1 this Article determination of court about which the private complaint (representation) can be made is taken out. Case referral in other court is performed after the term of appeal of this determination, and in case of submission of the claim (representation) - after removal of determination of court about leaving of the claim without satisfaction.
3. 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.
Persons participating in case the parties, the third parties, the prosecutor, persons who are taking a legal action in 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 the 49 and 50 of this Code, applicants, interested persons for special proceeding are recognized.
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.
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.
1. Capability the actions to perform the procedural law, to carry out procedural obligations in court and to charge conducting case to the representative (civil procedural capacity to act) belongs in full to full age citizens, that is the citizens who reached eighteen years and legal entities.
2. The minor can personally perform the procedural law and procedural obligations in court in case the law allows marriage before achievement of eighteen years, - since marriage, and also in case of its announcement in the procedure established by the law sui juris (emancipation).
3. The rights, freedoms and interests of minors protected by the law aged from fourteen up to eighteen years, and also citizens, acknowledged it is limited by capable, defend themselves in court their parents, adoptive parents, adoptive parents or custodians, however the court has the right to recruit in such cases of the minors or citizens recognized restrictedly as capable.
4. In the cases provided by the law, in particular, on the cases arising from civil, family, employment and other legal relationship and also from the transactions connected with the order the received earnings or entrepreneurial incomes, minors have the right to personally protect the rights and interests protected by the law in court. However the court has the right to recruit in such cases of legal representatives of minors.
5. The rights, freedoms and interests of the minors which did not reach fourteen years protected by the law and also the citizens recognized incapacitated owing to mental disturbance defend themselves in court their legal representatives - parents, adoptive parents, adoptive parents, guardians, administration of educational, medical institutions, organizations of social protection of the population or other similar organizations.
1. Citizens, officials, state bodies, local government bodies, and also legal entities can be the parties in civil process - the claimant and the defendant-.
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 bodies and persons having under the law the right to appeal to the court behind protection of the rights, freedoms and the interests of other persons protected by the law, is informed by court on the arisen process and participates in it as the claimant.
4. The Kyrgyz Republic, local communities appearing in court through authorized representatives of state bodies or local government bodies can be the party in civil process.
5. The parties have the equal procedural law and perform equal procedural duties.
1. The claim can be made jointly by several claimants or to several defendants (procedural partnership). Each of claimants or defendants in relation to other party acts in process independently. Accomplices can charge conducting case to one of accomplices.
2. Procedural partnership is allowed if:
1) matter in issue are common laws or obligations of several claimants or defendants;
2) the rights and obligations of several claimants or defendants have one basis;
3) matter in issue are the homogeneous rights and obligations.
3. In the cases provided by the law, the court attracts to participation in case of the codefendant or codefendants.
1. Trial Court, having determined by preparation of case or during his trial in court that the claim is made not to that person who shall answer in the claim, can allow replacement of the inadequate defendant with proper according to the petition of the claimant.
2. About replacement of the inadequate defendant determination is taken out.
3. After replacement of the inadequate defendant preparation and consideration of the case are made since the beginning.
1. The claimant has the right to change the basis or subject of action and to increase the size of claims before decision by Trial Court. Also the claimant has the right to reduce the size of claims and to refuse the claim at any stage of process.
Amendments and (or) changes to the action for declaration are filed a lawsuit in writing by the typewritten text in language in which the action for declaration is submitted.
2. The defendant has the right to recognize the claim or to make the counter claim.
3. The parties can end case by the voluntary settlement at any stage of process.
The third parties declaring independent requirements regarding dispute can enter process before decision on case by Trial Court by presentation of the claim to one or both parties. They have all rights and perform all duties of the claimant.
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