NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2017 No. 2

About modification and amendments in some normative resolutions of the Supreme Court of the Republic of Kazakhstan by the civil and civil procedural legislation

1. Make changes and additions to the following normative resolutions of the Supreme Court of the Republic of Kazakhstan:

1. Ceased to be valid according to the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of 31.05.2019 No. 2

2. Ceased to be valid according to the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of 29.11.2018 No. 16

3. "About application in court practice of the legislation on protection of honor, advantage and goodwill of physical persons and legal entities" of December 18, 1992 No. 6 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of May 15, 1998 No. 5, of June 18, 2004 No. 10, of December 22, 2008 No. 4):

1) in Item 1:

in paragraph one of the word "in office party and others" to exclude;

in the paragraph the second to replace the word "slandering" with the word "discrediting";

To replace 2) in Item 2 of figure "24", "152" respectively with figures "23", "150";

3) in Item 3:

replace figures "24" with figures "23";

"investigative" to replace the word with the word of "law-enforcement";

To replace 4) in Item 5 of figure "55", "56", "150" respectively with figures "54", "55", "148";

5) in Item 6:

"articles 129 or 130 UK" shall be replaced with words words "Article 130 or article 131 of the Criminal Code of Kazakhstan";

shall be replaced with words the words "article 390 Code of Criminal Procedure" "Article 408 of the Code of penal procedure of the Republic of Kazakhstan";

words", and also bodies of pretrial investigation and inquiry" to exclude;

6) in Item 9:

replace figures "50", "51" respectively with figures "49", "50";

shall be replaced with words the words "Art. 143" "Article 143";

Shall be replaced with words 7) in Item 10 of the word "Art. 187" "Article 187";

8) in Item 12:

word in paragraph three "parts 1 and 2 of Item" to replace with the word "Item";

in paragraph five of the word "announcement of the decision on works meeting" to exclude;

Shall be replaced with words 9) in Item 13 of the word "Art. 187" "Article 187";

To add 10) with Item 17 of the following content:

"17. According to article 4 of the Constitution of the Republic of Kazakhstan this normative resolution is included the law in force, and also is obligatory and becomes effective from the date of official publication.".

4. "About practice of application by courts of the consumer protection law" of July 25, 1996 No. 7 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of June 18, 2004 No. 9, of December 30, 2011 No. 5):

1) in Item 1 of the word "The Law of the Republic of Kazakhstan " about Consumer Protection " of May 4, 2010" shall be replaced with words "The law of the Republic of Kazakhstan of May 4, 2010 No. 274-IV "About consumer protection"";

"Constitution" to add 2) in Item 3 after the word with words of Republic of Kazakhstan;

3) in item 4:

replace figures "31" with figures "29";

the words "part 9 of Article 32" shall be replaced with words "Article 30 part nine";

4) in Item 5:

words "the subitem 1) of part 1 of Article 154" shall be replaced with words "the subitem 1) Article 152 parts one";

replace figures "110", "115", "116" respectively with figures "109", "116", "117";

5) in Item 6 of the word of "The law on public associations of May 31, 1996" shall be replaced with words "The law of the Republic of Kazakhstan of May 31, 1996 No. 3-I "About public associations" (further – the Law on public associations)";

To replace 6) in Item 7 of figure "30" with figures "27";

7) in Item 8:

shall be replaced with words words of "part 1-2 of Article 42" to "Article 42";

replace figures "150", "155" respectively with figures "148", "152";

shall be replaced with words the words "leave without movement" "return to the applicant";

8) in Item 9 of figure "57" to replace with figures "56";

9) in Item 11 of figure "141-143" to replace with figures "141, 142, 143";

The word of "parts" to replace 10) in Item 14 with the word of "Items".

5. "About some questions of application of the legislation on judicial authority in the Republic of Kazakhstan" No. 1 of May 14, 1998 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of December 22, 2008 No. 8, of December 30, 2011 No. 5, of December 24, 2014 No. 3):

Preamble to state 1) in the following edition:

"For the purpose of uniform application in court practice of the regulations regulating questions of ensuring independence of judges when implementing justice, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:";

To add 2) in Item 1 after the words "Constitutions" with words "The Republic of Kazakhstan (further – the Constitution)";

3) in Item 2:

the words "Court of the First, Appeal, Cassation and Supervising Instances" shall be replaced with words "Courts of the first, appeal and cassation instances";

shall be replaced with words the words "Art. 22 of the Constitutional law of December 29, 1995 " About the Constitutional Council of the Republic of Kazakhstan "" "article 22 of the Constitutional law of the Republic of Kazakhstan of December 29, 1995 No. 2737 "About the Constitutional Council of the Republic of Kazakhstan"";

4) in Item 6 of the word "of December 25, 2000 " about judicial system and the status of judges of the Republic of Kazakhstan "" shall be replaced with words "of December 25, 2000 No. 132-II "About judicial system and the status of judges of the Republic of Kazakhstan" (further – the Constitutional law on judicial system and the status of judges)";

To add 5) in Item 8 after the words "of July 23, 1999" with words "No. 451-I";

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