"Court Office" now allows you to send a power of attorney to the court in electronic form

The service developed in the service "Electronic Power of Attorney" allows to implement this action. To delegate authority to its representative the parties do not need to go to a notary to issue a power of attorney, to have access to the Internet and an electronic digital signature (EDS) is enough now.

To form the power of attorney for authorization in the "Court Office" it is necessary to go to the "Electronic Power of Attorney" section. In the "Power of Attorney" page that opens, click on the "Add" button, you need to fill in the form of the power of attorney, including the representative's data in the opened page. The last ones are filled in automatically after filling in the "IIN of the representative" column.

"Electronic power of attorney" is implemented in accordance with Article 167 of the Civil Code of the Republic of Kazakhstan, indicating that the power of attorney is the written authorization of one person (principal) for representation on their behalf, given to another person (attorney). The Civil Procedure Code of the Republic of Kazakhstan namely Part 1 of Article 61 provides for the issuance of a power of attorney in the form of an electronic document certified by an EDS of the principal.

The principal in preparing the electronic power of attorney is given the opportunity to indicate in the section "Electronic Power of Attorney" the basic rights of the persons participating in the case provided for in subsection 46 (1) and 60 (1) of the Code of Civil Rights in the form of a list, which will allow the trustee to accurately determine the range of rights granted to an attorney to participate in a particular civil case.

Based on Article 58 of the CCR, the principal has the right to entrust the attorney with the right:

- to represent interests in the court of first instance;

- to represent interests in the court of appellate instance;

- to represent interests in the court of cassation instance;

- to file and sign a statement of claim, complaints, petitions and applications;

- of full or partial refusal of the claim;

- to recognize the claim;

- to increase the claims;

- to reduce the subject of claims;

- to change the subject or cause of the claim;

- get acquainted with the materials of the civil case, make extracts from them and make copies;

- to enter recusation;

- to file petitions, including taking measures to secure a claim, to provide evidence, to demand additional evidence;

- to read the court records and submit written comments to it;

- to appeal decisions, rulings and decisions of the court;

- to enter into an amicable agreement, etc.

Since the law does not limit the number of attorneys participating in one case, the issuance of an electronic power of attorney to several attorneys is provided.

The termination of the electronic power of attorney is carried out in accordance with Article 170 of the Civil Code.

An electronic power of attorney is issued electronically within the framework of one case under consideration, its validity period is limited by the time when the judicial act enters into legal force and the documents for execution are issued. Thus, there is a mandatory provision for the section "Termination of the Power of Attorney" with the transfer of the above grounds or the cancellation by the principal of the issued electronic power of attorney before the expiry of the term in the "Electronic Power of Attorney" section.

Since the launch of the "Court Office" service the users have appreciated its possibilities: the service is widely used by the population and promotes effective work of lawyers and representatives, contributes to the improvement of the legal culture of citizens, and the protection of citizens by their constitutional rights.

Today, 182 670 users have been registered in the "Court Office".