NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of May 31, 2019 No. 2

About court practice on cases on recognition of the citizen it is unknown absent or the announcement the dead

For the purpose of ensuring uniform application by courts of the legislation by hearing of cases on recognition of the citizen it is unknown absent or the announcement the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make to the dead the following explanations:

1. According to Articles 28, of 31 Civil code of the Republic of Kazakhstan (further - group of companies) and part two of Article 317 of the Code of civil procedure of the Republic of Kazakhstan (further - GPK) case on recognition of the citizen is unknown absent or the announcement can be begun by the dead according to the statement of members of his family, the prosecutor, public associations, guardianship and custody body and other interested persons.

Applicants on this category of cases are family members (the spouse (a), parents, children and other persons). Courts should mean that the subject list of applicants - physical persons is not limited by persons which are in the family and related relations.

Physical persons and legal entities, state bodies which according to Article part two 8 GPK have the right to take a legal action with the statement for protection of the violated or disputed rights and freedoms or legitimate interests of other persons or the uncertain group of people in the cases provided by the law and for which recognition is unknown absent or the announcement the dead of person are recognized interested attracts origin, the termination or change of personal non-property and property rights.

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