of November 27, 2025 No. 4
About modification and amendments in the normative resolution of the Supreme Court of the Republic of Kazakhstan of March 20, 2003 No. 2 "About application of some regulations of the civil procedural legislation by courts"
1. Bring the following changes and amendments in the above-stated normative resolution of the Supreme Court of the Republic of Kazakhstan:
Item 8 to add 1) with the paragraph the fifth the following content:
"To served the lawyer appeal (cassation, private) the claim shall be enclosed the power of attorney in which the right to giving appeal (cassation, private) the claims and its signing, the certificate and the written notice of protection (representation) confirming it powers on conducting case is provided. Absence in appendix of any of the specified documents attracts its return based on the subitem 4) of Article part one 407, of the subitem 1) of Article part one 442 GPK.";
2) in Item 12-1:
in the paragraph the second the words "Article part one 165 GPK" shall be replaced with words "the subitem 1) of Article 165 GPK";
3) in Item 13:
in the paragraph the second to exclude the word "only";
add with the paragraph the fourth the following content:
"The list of cases of adjournment of trial of case provided in Article 198 GPK is not exhaustive.";
To add 4) with Item 14-1 of the following content:
"14-1. Courts should differentiate the right of the claimant to refuse the claim for cases of claim production from the right of the applicant not to support the declared requirement for cases of special proceeding.
The claimant has the right to change the basis or subject of action, to increase or reduce the size of claims or to refuse the claim (Article part one 48 GPK). In case of acceptance by court of refusal of the claimant of the claim, proceeedings are subject to the termination based on the subitem 4) of Article 277 GPK with approach of the effects provided by Article part two 278 GPK.
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