LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 10, 2020 No. 342-VI ZRK

About modification and amendments in the Code of civil procedure of the Republic of Kazakhstan concerning implementation of modern formats of work of the courts, reducing excessive judicial processes and costs

Article 1. Make changes and additions to the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015 (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 20-V, 20-VI, Art. 114; 2016, No. 7-II, Art. 55; No. 12, Art. 87; 2017, No. 1-2, of Art. 3; No. 4, Art. 7; No. 8, Art. 16; No. 16, Art. 56; No. 21, Art. 98; 2018, No. 10, Art. 32; No. 13, Art. 41; No. 14, Art. 44; No. 16, Art. 53; No. 24, Art. 93; 2019, No. 2, Art. 6; No. 7, Art. 36, 37; No. 15-16, of Art. 67; No. 23, Art. 103; No. 24-І, Art. 118, 119; The Law of the Republic of Kazakhstan of May 6, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning social security", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 7, 2020):

1) in table of contents:

to state heading of Article 24 in the following edition:

"Article 24. The dispute resolution (conflict) according to the procedure of mediation or the participative procedure. Transfer of dispute on permission of arbitration, court of the International financial center "Astana";

add Chapter 5-1 with headings of Articles 56-3 and 56-4 of the following content:

"Article 56-3. Bailiff

Article 56-4. Translator";

add Chapter 11-1 with heading of Article 133-4 of the following content:

"Article 133-4. Electronic protocol";

to state heading of Article 147 in the following edition:

"Article 147. The decision on the case considered according to the procedure of the simplified (written) production";

add with heading of Article 187-1 of the following content:

"Article 187-1. Use of technical means in judicial session";

to state heading of Article 198 in the following edition:

"Article 198. Case trial adjournment, having rummaged in judicial session";

add with heading of Article 250-1 of the following content:

"Article 250-1. The address of collection on real estate of the debtor in enforcement proceeding";

to state heading of Article 405 in the following edition:

"Article 405. Actions of the judge of Trial Court after receipt of the petition for appeal, the petition of the prosecutor";

to exclude heading of Article 461;

to state heading of Article 463 in the following edition:

"Article 463. Determination of court according to the statement for reconsideration of the case";

Article 4 to state 2) in the following edition:

"Article 4. Tasks of civil legal proceedings

Tasks of civil legal proceedings are protection and recovery of the violated or disputed rights, freedoms and legitimate interests of citizens, the state and legal entities, respecting the rule of law in civil circulation and the public relations, ensuring complete and timely consideration of the case, assistance to peaceful settlement of dispute, the prevention of offenses and forming in the society of respect for the law and court.";

The third and fourth Article 15 to state 3) to part in the following edition:

"3. Court, keeping objectivity and impartiality, performs management of process, creates necessary conditions for realization of procedural law by the parties on complete and objective research of the facts of the case.

The court explains to persons participating in case, their rights and obligation, warns about effects of making or non-execution of legal proceedings, specifies their legal line items and arguments, discusses with them the facts of the case and renders in the cases provided by this Code to them assistance in implementation of their rights.

The court bases the decision only on those proofs, participation in which research was on an equal basis provided to each party.

4. The court according to the motivated petition of the party or on own initiative takes measures for collection and research of case papers, check of justification of arguments of the parties and reliability of the proofs provided to court, and also performs other operations directed to achievement of tasks of civil legal proceedings.";

4) in Article 24:

add heading with words ", vessels of the International financial center "Astana";

after the words "consideration of arbitration" to add with words "vessels of the International financial center "Astana" in cases,";

5) in Article 34:

the fifth to add part with the paragraph the second the following content:

"In case of the consent of both parties with the cognizance determined by court according to their written petition case referral from one court in another is made without delay after determination removal.";

the sixth to add part with the paragraph the second the following content:

"The dispute between the Trial Courts located in different areas, the cities of republican value and the capital is allowed by the Supreme Court of the Republic of Kazakhstan on representation of the relevant regional and equated to it court.";

Part the ninth Article 35 to add 6) with the subitem 3) of the following content:

"3) if between the parties the agreement when carrying out mediation is not reached and there is no consent of the parties to consideration of the case by the same judge.";

7) the subitem 1) of article 38 part one after the word of "translator" to add with the word of "consultant";

8) in Article 39:

in part one of the word "in judicial session" shall be replaced with words "in consideration and permission of case";

word part two in paragraph one "judicial session in case of" to exclude;

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