NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of April 20, 2018 No. 6

About modification and amendments in the normative resolution of the Supreme Court of the Republic of Kazakhstan of June 28, 2002 No. 13 "About court practice on cases on establishment of the facts having legal value"

1. Bring the following changes and amendments in the above-stated normative resolution of the Supreme Court of the Republic of Kazakhstan:

Item 3 to state 1) in the following edition:

"3. During preparation of case for legal proceedings the court needs to find out from the applicant availability of legal interest in factual determination, to demand from the applicant the written proofs testimonial of impossibility of obtaining or recovery of the proper document certifying this fact.

It is necessary to understand as impossibility of receipt of the document or lack of order of registration of this or that fact (for example, stay in dependence), or non-compliance with order of registration of the fact and impossibility to resort to it in these conditions (for example, death fact, the fact of recognition of paternity when the child's parents, without having registered scrap after its birth, did not make timely correction to the birth record of the child and it it is impossible to make owing to the death of the father). Also it is necessary to understand cases when the documents confirming the fact are available as impossibility of receipt of the document, however in them the mistakes or inaccuracies depriving the document of evidentiary value which cannot be corrected are made (for example, the act of accident).

It is necessary to understand absence at the corresponding person of opportunity to issue the duplicate of the necessary document owing to its loss or destruction as impossibility of recovery of the lost document.

Courts should delimit pre-judicial procedure for the dispute resolution from extrajudicial procedure for establishment of dispositive fact.

It is necessary to understand the procedure provided by legal acts in case of which there is opportunity as extrajudicial procedure for factual determination, by the appeal to state body, the organization, to the other person to receive or recover the proper documents certifying dispositive fact.

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