of December 8, 2017 No. 12
About application of regulations of the Code of civil procedure of the Republic of Kazakhstan by courts in case of review of court resolutions on again opened or new circumstances
For the purpose of uniform application of regulations of the Code of civil procedure of the Republic of Kazakhstan (further - GPK) in case of review of the court resolutions which took legal effect on again opened or new circumstances the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.
1. The decisions which took legal effect, determinations and resolutions can be reviewed by the court which took out them on again opened or new circumstances.
The bases for review are the dispositive facts having essential value for the correct permission of earlier considered case which arose or took place, however they became known after the introduction of court resolution in legal force.
Having essential value such dispositive facts which attract removal of another on content of court resolution are admitted.
Courts should mean that Article part one 455 GPK is not the independent basis for review of the court resolutions which took legal effect on again opened or new circumstances. The bases for review are listed in parts two and third Article 455 GPK, they are exhaustive and are not subject to extensive interpretation.
Non-presentation of proofs by the party in reasons for the declared requirement or objections against it or not statement the party before court of the petition for rendering assistance in reclamation of the proofs which are at other party or the third parties demonstrates procedural omissions of person who was involved in consideration of the case. Such procedural omissions, and also submission of new proofs cannot be the basis to review of the court resolution which took legal effect on again opened or new circumstances.
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