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

Due to the changes of some regulations of the Code of civil procedure of the Republic of Kazakhstan (further - GPK) and need of their uniform application for court practice the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. Draw the attention of courts to need of strict observance by consideration of each civil case of regulations of substantive and procedural law for the purpose of removal of the court resolution (the decision, determination, the resolution, the writ) answering to the principle of legality and criteria of justice and rationality.

2. According to Article 148 GPK claimants shall specify in statements not only requirements, but also in detail to state being of violation or threat of violation of their rights, freedoms and the interests protected by the law, circumstances on which base the requirements, and also contents of the proofs confirming these circumstances.

The claims made by the prosecutor in the state or public concerns or interests of the citizen shall conform to the requirements specified in Article part three 148 GPK.

The bases provided by Articles 151, of 152, of 272, of 273, of 277, 279 GPK on which by court it can be refused adoption of the claim or the claim can be returned to the claimant or is left without consideration, and production on the initiated civil case is suspended or stopped, are exhaustive.

3. No. 5 is excluded according to the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of 30.12.2011

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