NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of April 21, 2022 No. 5

About modification and amendments in the normative resolution of the Supreme Court of the Republic of Kazakhstan of July 11, 2003 No. 5 "About the judgment"

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

Heading to state 1) in the following edition:

"About the judgment on civil cases";

To add 2) with Items 1-1 and 1-2 of the following content:

"1-1. According to part one of article 267-4 GPK on the case considered according to the procedure of the simplified (written) production, the court passes the decision consisting of introduction and resolutive parts.

The court according to the written petition of the party declared to the introduction of the judgment in legal force shall make the decision consisting of introduction, motivation and resolutive parts.

The court has the right to make such decision and on the initiative.

Owing to part three of article 267-4 GPK the court shall make and issue to the parties the decision consisting of introduction, motivation and resolutive parts together with determination about refusal in cancellation of the decision if earlier such decision was not issued.

The decision containing motivation part shall be made no later than five working days from the date of receipt of the petition in court in time.

In case of impossibility on reasonable excuses to make motivation part of the decision the decision signed by the judge consisting of introduction and resolutive parts it can be appealed according to the procedure, the established GPK.

1-2. Articles 27-1 and 28-1 GPK affirm the right of the regional and equated to it court, the Supreme Court of the Republic of Kazakhstan on reclamation, acceptance to the production, consideration and permission by rules of Trial Court of one of the homogeneous cases (similar in subject and the bases of the claim, on subject structure) which are in production of subordinate courts.

For reclamation and consideration of the case on rules of Trial Court by superior court the court in which production there is case shall receive written consent of the parties.

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