The South Kazakhstan Regional Court discussed the application of the Civil Procedure Code

The judges, prosecutors and lawyers discussed topical issues of the application of the Civil Procedure Code at the round table held in the format of the seminar in the South Kazakhstan regional court.

A lively exchange of views took place on the topic under discussion.

In the opinion of the participants of the event, the draft of the Regulatory Resolution of the Supreme Court "On the application of legislation on judicial expenses in civil cases by the courts of the Republic of Kazakhstan" requires additions to the regulation of provisions on court costs in resolving issues during the examination of cases in order of order and simplified proceedings. In this case it is about granting the right to the plaintiff both during the preparation of the case for the trial and when filing a suit regarding the alimony obligations of submitting an application for consideration of the case by a court of general jurisdiction. It also touched on the issue of the necessity to amend the tax code, in particular in paragraph 23 of Art. 541 which states that banks are exempted from payment of the state duty when filing claims for foreclosure on property.

Speaking, the judge of the Enbekshi district court of Shymkent, Ainel Orakbayeva talked about the topical issues of application of the norms of Chapter 29 of the CPC in cases of challenging decisions and actions (inaction) of bodies, local self-government of organizations, officials and civil servants, court expenses in representation (state bodies, public associations and other).

The prosecutor Erlan Mukatayev discussed the issue of regulating the participation of the prosecutor in civil proceedings.

The member of the South Kazakhstan Regional Bar Nurdaulet Mussakulov raised the issue of the role of the lawyer in the civil process and the provision of free legal assistance.

Saparkhan Umarov and Erken Otarbayev, judges of the Shardara and Abai district courts reported on the court expenses including the reimbursement of these expenses to the state. They expressed their opinion on the possibility of resolving the issue of court costs in the case on the essence exceptionally within the framework of the claims stated by the parties.

A judge of the Abai district court of Shymkent Arna Kassenova spoke about the general examination of cases in civil proceedings and the requirements for a court decision.

In the result the participants of the round table initiated recommendations on making additions to the draft of the Regulatory Decision of the Supreme Court and the CPC concerning the judicial expenses as well as on the adoption of procedural decisions in the event of questions that are not reflected in the current procedural legislation.