RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of March 30, 2018 No. 8

About preparation of civil cases for legal proceedings

One of the main conditions of the correct and timely permission of civil cases is carrying out proper preparation them to legal proceedings.

For the purpose of ensuring the correct and uniform application of the legislation regulating preparation of civil cases for legal proceedings, the Plenum of the Supreme Court of the Kyrgyz Republic, being guided by article 18 of the constitutional Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", decides:

1. Draw the attention of courts that preparation of case for legal proceedings is obligatory stage of civil process and is carried out by the judge with participation of the parties and persons participating in case (the p. 3 of the Art. 150 GPK of the KR).

2. The judge has the right to start preparation of case for legal proceedings only after removal of determination about adoption of the statement to production, that is after excitement of civil case in court (the p. 2 of the Art. 136 GPK of the KR).

In case of return of the action for declaration in connection with failure to carry out by the claimant of the instructions of court listed in determination about leaving of the statement without movement (the Art. 139 GPK), court takes out determination about return of the statement to the claimant with indication of the bases for return of the statement. The specified determination can be appealed according to the procedure, established by the procedural legislation.

Explain to courts that refusal in adoption of the action for declaration (the Art. 137 GPK of the KR), return of the action for declaration (the Art. 138 GPK of the KR) and leaving of the action for declaration without movement (the Art. 139 GPK of the KR) are possible only at stage of excitement of civil case and are inadmissible at stage of preparation of case for legal proceedings.

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