NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 25, 2007 No. 12

About some questions of review of court resolutions on civil cases on newly discovered facts

For the purpose of uniform understanding and the correct application in court practice of the regulations of the Code of civil procedure of the Republic of Kazakhstan (further - GPK) regulating procedures of review of the court resolutions which took legal effect for civil cases for newly discovered facts, the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:

1. The production on review of court resolutions on civil cases on newly discovered facts provided by Chapter 44 GPK is independent stage of civil process in which the court checks availability or lack of the legal basis for review on newly discovered facts which took legal effect of court resolutions. The basis for these procedures are dispositive facts which actually existed at the time of removal of court resolution about which review the application is submitted, but were not known and could not be known to the applicant though provision to court of such data could entail removal of another on content of court resolution, and also other bases provided by subitems 2) - 5) Articles 404 GPK.

2. On newly discovered facts the following court resolutions which took legal effect can be reviewed:

- resolution of the Trial Court, including correspondence;

- determination of court about suit abatement;

- determination of court by results of consideration of the application about appeal of the decision of reference tribunal (arbitration) and about forced execution of the decision of reference tribunal (arbitration);

- determinations, decisions, resolutions of appeal, cassation or supervising instance which change resolution of the Trial Court or the new decision is decided.

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