Frequently asked questions

Attention visitors!

Dear visitors of the web site, on particular situations and cases and on fulfilled judicial acts the Supreme Court does not give explanations, also it does not comment on the legislation.

You may get a qualified legal assistance on any questions, if you address a legal consultation.

Below is the information on the most frequently asked questions.

What is an order of court?

An order of court is an act of a judge, pronounced on application of a recoverer on collection of sums of money or reclamation of property from a debtor on indisputable demands without calling of the debtor and recoverer for hearing their explanations and without a court trial. A content of the court order is determined by art.140 of the Civil Procedure Code RK. The order of court has the force of an enforcement document. Collection on it is made after issue of an order and in the procedure, established for execution of judgments.(art.139 of the Civil Procedure Code RK)

How to get acquainted with a protocol of court proceedings on a criminal case?

After signing a protocol of the main judicial examination parties, as well as persons, who were examined in the main judicial examination, have the right to request of getting acquainted with the protocol of the court proceedings. Within five days after signing the protocol of the main judicial examination the parties, as well as persons, who were examined in the main judicial examination, have the right to submit remarks on the protocol. The indicated term on a request of the parties can be extended up to ten days by a chairing person on the case. (art.328 of the Criminal Procedure Code RK)

How to get acquainted with a protocol of court proceedings on a civil case?

Persons, who participated in the case and representatives, have the right to get acquainted with a protocol and within five days from the moment of its signing to submit written remarks on the protocol indicating incorrectness and incompleteness in it. Remarks on the protocol should be considered within five days from the day of their submission. (art.258 of the CPC RK)

Is judge disqualification possible?

According to the Civil Procedure Code of the Republic of Kazakhstan a judge disqualification can be applied on the following bases. 
1.A judge cannot participate in case consideration and is subject to disqualification, if he: 
1) during a previous consideration of this case participated as a witness, expert, specialist, translator, representative, secretary of the court proceedings, judicial custodian, judicial bailiff; 
2) is a relative of any person, who participates in the case, or their representatives; 
3) is personally, directly or indirectly interested in the outcome of a case, or if there are other circumstances, which cause justified doubts in his disaffection. 
2. Persons, who are in kin relationships between each other, cannot be included into the composition of the court, which considers the case. (art. 40 of the CPC RK) 
In the criminal procedure legislation of the Republic of Kazakhstan a judge disqualification can be proposed on the following bases. 
1.A judge cannot participate in case consideration, if he: 
1) is not a judge, to the court jurisdiction of whom a criminal case is related in accordance with the Criminal Procedure Code; 
2) considered a petition for a prosecutor’s decision; 
3) is on this case an injured person, civil complainant, civil defendant, was summoned or can be summoned as a witness; 
4) participated in the procedure on this criminal case as an expert, specialist, translator, identifying witness, secretary of the judicial proceedings, interrogating officer, investigator, prosecutor, defense lawyer, legal representative of a convicted, representative of the injured person, civil complainant or civil defendant; 
5) is a relative of an injured person, civil complainant, civil defendant or their representatives, relative of the convicted or his legal representative, relative of a prosecutor, defense lawyer, investigator or interrogating officer; 
6) if there are other circumstances, which are the bases to consider that a judge is personally, directly or indirectly interested in this case. (art. 90 of the Criminal Procedure Code RK)

Who has the right to get a copy of a judgment, decision, sentence or decree of a court?

In the criminal procedure legislation of the Republic of Kazakhstan a copy of the sentence should be not later 5 days handed to: a condemned or acquitted, defense lawyer and accuser, injured person, civil complainant, civil defendant and their representatives. A subsequent issue of copies of judicial decrees in all cases is possible only subject to payment of a state duty. (art. 386 of the Criminal Procedure Code RK) 
According to the criminal procedure legislation of the Republic of Kazakhstan copies of decisions are sent or issued not later than 5 days from the day of a decision-making in a final form (art. 254 of the CPC RK) to parties and other persons, who participate in the case and did not come to the court proceedings

What should be done in case of loss of an original of an enforcement order?

An application of restoration of lost enforcement proceedings is brought to the court with territorial jurisdiction in enforcement. In the application the following should be indicated: restoration of what exactly proceedings an applicant is asking, whether the court made a disposition decision or proceedings on the case were terminated, what procedural status the applicant took in it, who else took part on the case and in what procedural status, their location or place of residence, what the applicant knows about circumstances of proceedings loss, about location of copies of proceedings documents or information of them, restoration of what exactly documents the applicant considers indispensable, for what purpose their restoration is necessary. Saved and related to the case documents or their copies are enclosed to the application. The application of restoration of lost proceedings is not paid by a state duty. (section IV of the CPC RK)

In what way judgments are executed?

After coming of a judgment into legal force an order of enforcement is written out, which is given to a recoverer and upon his written application is sent by the court for execution in a relevant authority of enforcement proceedings by territoriality. (art.236 of the CPC RK) By the law enforcement of judicial acts and acts of other authorities are laid upon a judicial custodian. 
Appeal against actions of a judicial custodian on execution of a document
a complaint or on refusal to do such actions by the recoverer may be laid on. A complaint is laid on a district court of the area served by the judicial custodian within ten days from the day of making an action by the judicial custodian or from the day, when indicated persons, who were not notified of a time and place of making the action, knew about it.(art.87 of the Law of the Republic of Kazakhstan as of 30 June 1998 № 253-I «On enforcement proceedings and status of judicial custodians»)

On whom an obligation on evidence gathering on a civil case is placed?

Each party should prove those circumstances, to which it refers as bases for its demands and objections. Evidences are presented by the parties and other persons, who participate in the case. A court has the right to suggest the parties and other persons, who participate in the case, to present additional evidences necessary for a correct disposition of case. In case, when presentation of evidences for the parties and other persons, who participate in the case, is difficult, the court on a motion assists them in disclosure of evidences. (chapter 7 of the CPC RK)

Is it possible to read a civil case though own representative?

Citizens have the right to read their cases personally or through representatives. Personal participation in the case of a citizen does not deprive his right to have a representative on this case. A representative in the court can be any legal person, who has properly executed power to read the case in the court, based on a power of attorney, legislation, judgment or administrative act. (art.58 of the CPC RK)

Who has the right to get acquainted with materials of a case?

A defender of an accused, if he participates in a case, as well as of an injured person and his representative, civil plaintiff, civil defendant and their representatives have the right to get acquainted with materials of a case. Acquaintance is done in the procedure, provided for by article 275 of the Criminal Procedure Code RK. (art.274 of the Criminal Procedure Code, art.47 of the Civil Procedure Code RK)

What is understood under court costs?

Court costs consist of a state duty and costs, related to a proceeding on a case. The procedure of payment and amount of a state duty are determined by the Tax Code of the Republic of Kazakhstan. (art.100 of the CPC RK) Proceeding on a case related costs are: 
1) amounts to be paid to witnesses, experts and specialists; 
2) costs related to inspection on the spot; 
3) costs related to keeping of material evidence; 
4) costs on defendant detection; 
5) costs related to publication and announcements on the case; 
6) costs on notification and summons of parties to court; 
7) costs on payment of representatives’ aid; 
8) costs on a trip of parties and third persons and rent of domestic premises, born by them due to appearance in court; 
9) costs related to execution of judgments, sentences, decisions and decrees of the court; 
10) other costs, which are recognized by the court as necessary. ( art.107 of the CPC RK)

What measures of claim security are provided for by the law?

Measures of claim security can be: 
1) imposition of arrest on property, which belongs to the defendant and is with him or other persons (except for imposition of arrest on money, which is on the correspondent account of a bank) 
2) prohibition to the defendant to make certain actions ; 
3) prohibition to other persons to transfer property to the defendant or fulfill other obligations regarding it; 
4) suspension of property realization in case of making a claim to release impounded property; 
5) suspension of an action of a contested act of a state authority, organization or official; 
6) suspension of a recovery on the basis of an enforcement document, which is contested by a debtor in a judicial procedure. In necessary cases the court may take other measures on claim security, which serve the purposes, indicated in article 158 of the Civil Procedure Code RK. 
(article 159 of the Civil Procedure Code RK)

Making a claim. Court jurisdiction of civil cases

In what courts civil cases are considered?

Civil cases are considered and settled by district (municipal) and equivalent courts, except for cases, as provided for by clause 8 of article 59 and clause 3 of article 66 of the Constitutional Law of the Republic of Kazakhstan «On elections in the Republic of Kazakhstan», as well as by clause 5 of article 13 of the Constitutional Law of the Republic of Kazakhstan «On republican referendum».

Regional and equivalent courts consider civil cases:

- on appeal petitions and protests on judgments, made by district and equivalent courts;

- on cassation appeals or protests on decrees and decisions  of the court of appeal.

The Supreme Court considers civil cases in the order of supervision over requests, protests of the General Prosecutor of the Republic of Kazakhstan on effective judicial acts of local and other courts.

Before what courts statements of claim are brought?

Claim is brought before a court with territorial jurisdiction in domicile of the defendant. Claim against a legal person is made by a territorial jurisdiction of the authority of the legal person.

In what cases court jurisdiction at the choice of a complainant is foreseen?

A claim against the defendant, whose domicile is unknown or who does not have domicile in the Republic of Kazakhstan, may be made by the place of being of his property or by his last known  domicile.

A claim to a legal person may be made also by the place of being of his property.

A claim, which follows from the activity of a branch or representation of a legal person, may be made also by the location of the branch or representation.

Claims for alimony payments and for paternity establishment may be made by the complainant also by his domicile.

Claim for injury, done by maim or other damage to health, as well as death of a wage-earner, may be made by the complainant also by his domicile or place of damage making.

Claims, which follow from contracts, in which the place of execution is indicated, may be made also by the place of contract execution.

Petitions for divorce may be made by the domicile of the complainant also in the case, when he has under-age children or when for health reasons going of the complainant to the domicile of the defendant is complicated for him.

Recovery suits of salary, pensions and allowances, as well as claims for recovery of labor, pension and real estate laws, associated with compensation of losses, caused to the citizen by illegitimate conviction, illegitimate bringing to criminal responsibility, illegitimate application of preventive measures or illegitimate imposition of an administrative penalty as administrative arrest, may be brought by the domicile of the complainant. Claims for contestation of decrees on imposition of administrative penalties may be made also by the domicile of the complainant.

Claims for consumer right protection may be made by the domicile of the complainant or by the place of conclusion or execution of a contract.

Claims for compensation of losses, done by collision of vessels, as well as for levy of a reward for rendering aid and saving at the sea may be made also by the place of being of the defendant or vessel’s home port.

In what cases exclusive jurisdiction is foreseen?

Claims for rights for land plots, buildings, premises, facilities, other objects, which are surely connected with the land (immovable property), for release of impounded property are made by the place of being of these objects or impounded property.

Claims of estate-leaver’s creditors, which are made before acceptance of an inheritance by heirs, are subject to the jurisdiction of the court with territorial jurisdiction of being of the inherited property or main part of it.

Claims to carriers, originating from contracts of carriage of cargo, passengers or luggage, are made by the place of being of a permanently operating authority of a transport organization.

To what court a claim is made against several defendants?

A claim to several defendants, who reside or are in different places, is made by the domicile or being of one of the defendants at the choice of the complainant.

What a statement of claim should be by form and content?

A statement of claim is brought before a court in writing.

The following should be indicated in the statement:

1) name of a court, before which the statement is brought;

2) name of a complainant, his domicile, information on registration by the domicile or, if the complainant is an organization, its location, taxpayer registration number and bank details, as well as name of a representative and his address, if the statement is brought by the representative;

3) surname, name, patronymic name (if it is indicated in an identifying document) of a defendant, his domicile or being and if the complainant knows the information on his registration by a domicile, place of work and taxpayer registration number (if they are indicated in the motion for judgment) or if a defendant is a legal person, his name, place of actual being or if the complainant knows the information from the uniform State register, taxpayer registration number and bank details;

4) essence of violation or threat of violations of rights, freedoms or legal interests of the complainant and his claims under the lawsuit;

5) circumstances, on which the complainant bases his demands, and evidences, which prove these circumstances;

6) price of the claim, if the claim is subject to assessment;

8) list of documents, which are enclosed to the statement.

Other information, which is important for dispute settlement, may be indicated in the statement, and also requests of the complainant are stated.

The statement is signed by the complainant or his representative, if he has the power to sign and bring the statement of claim.

What documents should be enclosed to the statement of claim?

1) copy of the statement of claim by a number of defendants and third persons;

2) document, which certifies payment of a state duty;

3) power of attorney or another document, which certifies powers of a representative;

4) documents, which certify circumstances, on which the complainant bases his demand, copies of these documents for defendants and third persons, if they do not have them;

6) text of a regulatory legal act in case of its contestation;

7) requests of the complainant on delay, extension, exemption from court costs or reduction of their amount, on security for a claim, disclosure of evidence and others, if they are not stated in the statement of claim.