NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of January 12, 2009 No. 2

About acceptance of interim measures on civil cases

For the purpose of uniform understanding and application in court practice of the legal acts regulating acceptance of interim measures on civil cases, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. In civil legal proceedings are understood as interim measures provided by the Code of civil procedure of the Republic of Kazakhstan (further - GPK) and other legal acts of the Republic of Kazakhstan of measure of procedural suppression of possible actions of the defendant (debtor) which can complicate or make impossible forced execution of the court ruling.

The interim measures taken by court shall not result the defendant - the legal entity or the individual entrepreneur in bankruptcy, violation of normal productive activity, to violation of legitimate rights and interests of other persons, to promote raiding (illegal capture of property of the defendant).

2. Measures for providing the claim for the cases considered in arbitration proceeding are accepted by court in the location of the debtor or arbitration with observance of all provisions provided by Chapter 15 GPK.

In case of consideration of the application about providing the claim the court shall check whether proceedings on the claim of person who submitted the application for acceptance of interim measures are initiated by arbitration, having requested determination about initiation of arbitration proceeding.

3. Interim measures are taken for providing:

claims of property or non-property nature;

execution of decisions of the courts;

execution of determinations of courts about approval of voluntary settlements;

agreements on dispute settlement (conflict) according to the procedure of mediation, dispute settlement according to the procedure of the participative procedure;

forced execution of executive documents.

Interim measures are taken by court in any provision of case only after adoption of the claim by the judge to production of court and excitement of the civil case, but before issue of the executive document on execution which took legal effect of court resolution.

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