LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 22, 2011 No. 478-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning population shift

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of civil procedure of the Republic of Kazakhstan of July 13, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 18, Art. 644; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; 2001, No. 8, Art. 52; No. 15-16, of Art. 239; No. 21-22, of Art. 281; No. 24, Art. 338; 2002, No. 17, Art. 155; 2003, No. 10, Art. 49; No. 14, Art. 109; No. 15, Art. 138; 2004, No. 5, Art. 25; No. 17, Art. 97; No. 23, Art. 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 13, Art. 53; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72; No. 13, Art. 86; 2007, No. 3, Art. 20; No. 4, Art. 28; No. 9, Art. 67; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 13-14, of Art. 56; No. 15-16, of Art. 62; 2009, No. 15-16, of Art. 74; No. 17, Art. 81; No. 24, Art. 127, 130; 2010, No. 1-2, of Art. 4; No. 3-4, of Art. 12; No. 7, Art. 28, 32; No. 17-18, of Art. 111; No. 22, Art. 130; No. 24, Art. 151; 2011, No. 1, Art. 9; No. 2, Art. 28; No. 5, Art. 43; No. 6, Art. 50):

To add 1) with table of contents of the following content:

"Table of contents

Section 1. General provisions

Chapter 1. Civil procedural legislation of the Republic of Kazakhstan

Article 1. The relations regulated by the civil procedural legislation

Article 2. Legislation on civil legal proceedings of the Republic of Kazakhstan

Article 3. Application in civil legal proceedings of the precepts of law prevailing

Article 4. Operation of the civil procedural law in time

Chapter 2. Tasks and principles of civil legal proceedings

Article 5. Tasks of civil legal proceedings

Article 6. Legality

Article 7. Justice implementation only court

Article 8. Judicial protection of the rights, freedoms and legitimate interests of person

Article 9. Respect of honor and advantage of the personality

Article 10. Personal privacy. Mystery of correspondence, telephone negotiations, post, cable and other messages

Article 11. Security of property

Article 12. Independence of judges

Article 13. Equality of all before the law and court

Article 14. Legal proceedings language

Article 15. Competitiveness and equality of participants

Article 16. Assessment of proofs on internal belief

Article 17. Release from obligation to give the testimony

Article 18. Providing rights to qualified legal aid

Article 19. Publicity of legal proceedings

Article 20. Safety during legal proceedings

Article 21. Obligation of court resolutions

Article 22. Freedom of appeal of legal proceedings and decisions

Article 23. Value of the principles of civil legal proceedings

Chapter 3. Jurisdiction and cognizance

Article 24. Jurisdiction of civil cases to courts

Article 25. Transfer of disputes on permission of reference tribunal

Article 26. Priority of judicial jurisdiction

Article 27. Civil cases, cognizable to district (city) court and courts equated to them

Article 28. It is excluded by the Law of the Republic of Kazakhstan of December 10, 2009 No. 227-IV

Article 29. It is excluded by the Law of the Republic of Kazakhstan of December 10, 2009 No. 227-IV

Article 30. Cognizance of civil cases to specialized freighters

Article 31. Presentation of the claim for the location of the defendant

Article 32. Cognizance at the choice of the claimant

Article 33. Exclusive cognizance

Article 34. Contractual cognizance

Article 35. Several connected among themselves put cognizance

Article 36. Case referral from production of one court in another

Chapter 4. Structure of court, branches

Article 37. Structure of court

Article 38. Procedure for permission of questions joint structure of court

Article 39. Inadmissibility of repeated participation of the judge in consideration of the case

Article 40. Bases for removal of the judge

Article 41. Bases for removal of the prosecutor, expert, specialist, translator, court session secretary

Article 42. Statements for branches (rejections) and procedure for their permission

Article 43. Effects of allowance of the application about branch (rejection)

Chapter 5. Persons participating in case

Article 44. The list of persons participating in case

Article 45. Civil standing in court

Article 46. Civil procedural capacity to act

Article 47. The rights and obligations of persons participating in case

Article 48. Parties

Article 49. Change of the basis or subject of action, abandonment of claim, recognition of the claim, voluntary settlement

Article 50. Participation in case of several claimants or defendants

Article 51. Replacement of the inadequate defendant

Article 52. The third parties declaring independent requirements regarding dispute

Article 53. The third parties who are not declaring independent requirements regarding dispute

Article 54. Procedural legal succession

Article 55. Participation of the prosecutor in civil legal proceedings

Article 56. Appeal to the court in protection of the rights of other persons, public and state interests

Article 57. Participation in process of state bodies and local government bodies for making the conclusion on case

Chapter 6. Representation in court

Article 58. Conducting case through representatives

Article 59. Representation according to the order

Article 60. Persons who cannot be representatives in court

Article 61. Powers of the representative

Article 62. Registration of powers of the representative

Article 63. Legal representatives

Chapter 7. Proofs and proof

Article 64. Proofs

Article 65. Proof obligation

Article 66. Production of evidence

Article 67. Relevancy of proofs

Article 68. Admissibility of proofs

Article 69. Actual data, inadmissible as proofs

Article 70. Reliability of proofs

Article 71. Bases of release from proof

Article 72. Court orders

Article 73. Procedure for accomplishment of the court order

Article 74. Providing proofs

Article 75. Statement for providing proofs

Article 76. Procedure for providing proofs

Article 77. Assessment of proofs

Article 78. Explanations of the parties and third parties

Article 79. Testimony

Article 80. Obligations and rights of the witness

Article 81. Written proofs

Article 82. Procedure for collecting of written proofs

Article 83. Obligation of submission to court of written proofs

Article 84. Survey and research of written proofs in the place of their storage

Article 85. Return of authentic written proofs

Article 86. Physical evidences

Article 87. Storage and survey of physical evidences

Article 88. Survey of the physical evidences which are exposed to bystry spoil

Article 89. Order physical evidences

Article 90. Scientific and technical means in the course of proof

Article 91. Purpose of examination

Article 91-1. Receipt of samples

Article 91-2. Receipt of samples by the doctor or other specialist, and also expert

Article 91-3. Protection of the rights of the personality in case of receipt of samples

Article 92. Rights and expert's obligations

Article 93. Procedure for production of examination

Article 94. Individual and commission examination

Article 95. Complex examination

Article 96. Expert opinion

Article 97. The message on impossibility to draw the conclusion

Article 98. Additional and repeated examinations

Article 98-1. Interrogation of the expert

Article 99. Involvement of the specialist to participation in legal proceedings

Chapter 8. Court costs

Article 100. Concept and structure of court costs

Article 101. State fee

Article 102. Claim price

Article 103. Surcharge of the state fee

Article 104. Exemption of the state fee

Article 105. It is excluded by the Law of the Republic of Kazakhstan of December 13, 2004 No. 11-III

Article 106. Return of the state fee

Article 107. The costs connected with proceeedings

Article 108. The amounts which are subject to payment to witnesses, experts, specialists and translators

Article 109. Payment of the amounts which are due to witnesses, experts, specialists and translators

Article 110. Distribution of court costs between the parties

Article 111. Expense recovery on payment of the help of the representative

Article 112. Claiming damages for loss of time

Article 113. Distribution of court costs in case of abandonment of claim and the voluntary settlement

Article 114. Rendering free legal aid to citizens

Article 115. Compensation to the parties of court costs

Article 116. Compensation to the state of court costs

Article 117. Appeal and protest of determinations on the questions connected with court costs

Chapter 9. Enforcement measure and responsibility for disrespect for court

Article 118. Enforcement measures for disrespect for court

Article 119. Drive

Article 120. Removal from court room

Article 121. Measures of responsibility for disrespect for court

Article 122. Application of enforcement measures and responsibility for disrespect for court. Procedure for their appeal and protest

Chapter 10. Procedural terms

Article 123. Terms of making of legal proceedings

Article 124. Calculation of procedural terms

Article 125. Termination of procedural terms

Article 126. Effects of the omission of procedural terms

Article 127. Suspension of procedural terms

Article 128. Prolongation and recovery of procedural terms

Chapter 11. Judicial notices and challenges

Article 129. Judicial notices and challenges

Article 130. Contents of the agenda or other notice, challenge

Article 131. Delivery of the agenda

Article 132. Delivery of the agenda

Article 133. Effects of refusal of adoption of the agenda or other notice, challenge

Article 134. Change of the address during proceeedings

Article 135. Uncertainty of the place of stay of the defendant and his search

Chapter 12. It is excluded by the Law of the Republic of Kazakhstan of July 11, 2001 No. 238-II

Section 2. Production in Trial Court

Subsection 1. Mandative production

Chapter 13. Mandative production

Article 139. Debt collection based on the writ

Article 140. Requirements according to which the writ is taken out

Article 141. Form and content of the statement for pronouncement of the writ

Article 142. State fee

Article 143. The bases to refusal in acceptance and to return of the statement for pronouncement of the writ

Article 144. Remedial action in the statement

Article 145. Procedure and term of pronouncement of the writ

Article 146. Contents of the writ

Article 147. Direction to the debtor of the copy of the writ

Article 148. Cancellation of the writ

Article 149. Issue of the writ to the claimant

Subsection 2. Claim production

Chapter 14. Presentation of the claim

Article 150. Action for declaration form and content

Article 151. The documents enclosed to the action for declaration

Article 152. Adoption of the action for declaration

Article 153. Refusal in adoption of the action for declaration

Article 154. Return of the action for declaration

Article 155. Leaving of the action for declaration without movement

Article 156. Presentation of the counter action

Article 157. Conditions of adoption of the counter action

Chapter 15. Providing claim

Article 158. Bases for providing the claim

Article 159. Measures for providing the claim

Article 160. Consideration of the application about providing the claim

Article 161. Execution of determination about providing the claim

Article 162. Replacement of one type of providing claim with another

Article 163. Discharge of the security of the claim

Article 164. Appeal of determinations concerning providing the claim

Article 165. Compensation to the defendant of the losses caused by providing the claim

Chapter 16. Preparation of case for legal proceedings

Article 166. Case preparation tasks

Article 167. Terms of preparation of case for legal proceedings

Article 168. Determination about preparation of case for legal proceedings

Article 169. The direction of copies of the application and the documents attached to it to the defendant

Article 169-1. Response on the action for declaration

Article 170. Actions of the judge for preparation of case for legal proceedings

Article 171. Connection and separation of several claims

Article 172. Suspension, suit abatement and leaving of the statement without consideration by preparation of case for legal proceedings

Article 173. Purpose of case to legal proceedings

Chapter 17. Legal proceedings

Article 174. Terms of consideration and permission of civil cases

Article 175. Judicial session

Article 176. The chairman in judicial session

Article 177. Spontaneity and ustnost of legal proceedings

Article 178. Procedure in judicial session

Article 179. The measures applied to troublemakers in judicial session

Article 180. Opening of judicial session

Article 181. Check of appearance of participants of process

Article 182. Explanation to the translator of its obligations

Article 183. Removal of witnesses from courtroom

Article 184. Announcement of structure of court and explanation of right of challenge

Article 185. Explanation to persons participating in case, their rights and obligations

Article 186. Permission court of petitions of persons participating in case

Article 187. Absence effects in judicial session of persons participating in case and representatives

Article 188. Absence effects in judicial session of the witness, expert, specialist, translator

Article 189. Case trial adjournment

Article 190. Interrogation of witnesses in case of case trial adjournment

Article 191. Explanation to the expert and specialist of their rights and obligations

Article 192. Beginning of substantive prosecution

Article 193. Refusal of the claimant of the claim, recognition of the claim by the defendant and voluntary settlement of the parties

Article 194. Explanation of persons participating in case

Article 195. Establishment of procedure for research of proofs

Article 196. The warning of the witness of responsibility for standing mute and for making obviously false evidences

Article 197. Procedure for interrogation of the witness

Article 198. Use by the witness of written materials

Article 199. Interrogation of the minor witness

Article 200. Announcement of testimonies of the witness

Article 201. Research of documents

Article 202. Announcement and research of personal correspondence and cable messages of citizens

Article 203. Research of physical evidences

Article 204. Survey on site

Article 205. Sound recording reproduction, demonstration of video, film materials and their research

Article 206. Expert opinion research

Article 207. Consultation (explanations) of the specialist

Article 208. Statement for subfalsehood of the proof

Article 209. Conclusions of state bodies and local government bodies

Article 210. End of substantive prosecution

Article 211. Judicial debate

Article 212. Remarks

Article 213. Conclusion of the prosecutor

Article 214. Renewal of substantive prosecution

Article 215. Removal of court for decision

Article 216. Announcement of the decision

Chapter 18. Judgment and procedure for its execution

Article 217. Decision

Article 218. Legality and justification of the decision

Article 219. The questions resolved in case of decision

Article 220. Types and structure of the decision

Article 221. Contents of the decision

Article 222. Decision on recognition illegal actions (failure to act) and decisions of state bodies, local government bodies, organizations and officials

Article 223. Decision on collection of sums of money

Article 224. Decision on recognition of executive or other document invalid

Article 225. Decision on the conclusion or change of the agreement

Article 226. Decision on award of property or its cost

Article 227. The decision obliging the defendant to make certain actions

Article 228. The decision for benefit of several claimants or against several defendants

Article 229. Creation of the motivated decision

Article 230. Correction of slips and appreciable arithmetic errors in the decision

Article 231. Additional decision

Article 232. Decision explanation

Article 233. Delay and extension of the deadline for executing decision, change of method and procedure for execution of the decision

Article 234. Indexation of the awarded sums of money

Article 235. The introduction of the judgment in legal force

Article 236. Execution of the decision

Article 237. The decisions which are subject to immediate execution

Article 238. The right of court to turn the decision to immediate execution

Article 239. Ensuring execution of the decision

Article 240. Delay and extension of the deadline for executing judgment, change of method and procedure for its execution, approval of the voluntary settlement

Article 240-1. Judgment execution turn

Article 240-2. Consideration of question of judgment execution turn

Article 240-3. Permission of question of turn of execution of the decision by court of appeal, cassation or supervising instance

Article 240-4. Consideration of representations of the legal executive

Article 240-5. Appeal of actions (failure to act) of the legal executive in case of execution of the decision

Article 240-6. Protection of the rights of other persons in case of execution of the decision

Article 240-7. Authorization of the resolution of the legal executive

Article 241. Dispatch and issue to persons participating in case, copies of the judgment

Chapter 18-1. Execution of the decision of reference tribunal

Article 241-1. Forced execution of the decision of reference tribunal

Article 241-2. Issue of writ of execution

Article 241-3. Refusal in issue of writ of execution

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