NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of June 28, 2002 No. 13

About court practice on cases on establishment of the facts having legal value

For the purpose of the correct and uniform application of the legislation by consideration of civil cases on establishment of the facts having legal value, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. Draw the attention of courts to what put about establishment of the facts having legal value are initiated according to the petition from citizens, the organizations, and also other persons who under the law have the right to take a legal action in protection of interests of other persons (Article 55, 62 Codes of civil procedure of the Republic of Kazakhstan (further - GPK)) and are characterized by possible availability of dispute on the fact, but unconditional lack of dispute on the right. If the applicant submits applications for establishment of several facts having legal value, then courts have the right to consider these requirements in one production.

2. Courts can adopt the statement for establishment of the facts having legal value and to consider such cases according to the procedure of special proceeding if:

according to the law (Article part one 305 GPK) such facts generate legal effects (origin, change or the termination of personal or property rights of citizens or the organizations);

the applicant has no other opportunity to receive or recover the proper documents certifying the fact (Article 306 GPK);

the current legislation does not provide other (extrajudicial) procedure for their establishment (Article 306 GPK);

factual determination does not contact the subsequent dispute resolution about the right, subordinated to court (Article part two 304 GPK).

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