of June 25, 2010 No. 1
About practice of removal by courts of private determinations on civil cases
For the purpose of uniform application of regulations of the Code of civil procedure of the Republic of Kazakhstan by courts in case of removal of private determinations, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
1. The private determinations which are taken out according to the procedure, stipulated in Clause 270 Codes of civil procedure of the Republic of Kazakhstan (further - GPK), are acts of response of courts to legality violation cases.
2. The bases for removal of private determinations are the legality violation cases revealed in judicial session.
It is necessary to understand acts which do not conform to requirements of regulatory legal acts as violation of legality.
Inadequate accomplishment by persons participating in case, procedural obligations on proof cannot form good cause for removal of private determinations.
3. Courts take out private determinations to the organizations, the official and other persons performing managerial functions.
Officials persons are recognized, it is permanent, temporary or on special power the performing functions of the public agent or the performing organizational and administrative functions or administrative functions in state bodies, local government bodies, and also in Armed Forces, other troops and military forming of the Republic of Kazakhstan.
It is necessary to understand heads of executive bodies of commercial and non-commercial legal entities as the other persons performing managerial functions.
4. Private determination is taken out by court in the form of the separate procedural document along with court resolution on case in point.
5. Content of private determination shall conform to requirements of Article 269 GPK taking into account nature of the permitted cases and the allowed legality violations.
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