LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 17, 2014 No. 254-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further simplification of administration of law, decrease in bureaucratic procedures

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; No. 14, Art. 117; No. 16, Art. 128, 129; No. 23, Art. 179; 2012, No. 2, Art. 14; No. 6, Art. 43, 44; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 93; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 64; No. 14, Art. 72, 74; No. 15, Art. 76; 2014, No. 1, Art. 6, 9; No. 4-5, of Art. 24; No. 11, Art. 67; No. 14, Art. 84; No. 16, Art. 90; The Law of the Republic of Kazakhstan of July 5, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the legislation on administrative offenses", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 12, 2014; The Law of the Republic of Kazakhstan of September 29, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between levels of public administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 2, 2014):

1) in table of contents:

change is made to Article 20 heading in Kazakh, in Russian the text does not change;

22, 25 and 91-2 to state headings of Articles in the following edition:

"Article 22. Freedom of appeal of court resolutions";

"Article 25. Transfer of disputes on permission of arbitration or reference tribunal, and also according to the procedure of mediation";

"Article 91-2. Receipt of samples by the specialist or expert from living person";

add with heading of Article 105-1 of the following content:

"Article 105-1. Payment deferral of the state fee";

change is made to Article 111 heading in Kazakh, in Russian the text does not change;

add with headings of Chapter 13-1 and Articles 149-1, 149-2, 149-3 and 149-4 of the following content:

"Chapter 13-1. Hearing of cases according to the procedure of the simplified production

Article 149-1. Procedure for the simplified production

Article 149-2. The cases considered according to the procedure of the simplified production

Article 149-3. Features of hearing of cases according to the procedure of the simplified production

Article 149-4. The decision on the case considered according to the procedure of the simplified production";

change is made to Article 160 heading in Kazakh, in Russian the text does not change;

add with headings of Chapter 16-1 and Articles 173-1, 173-2, 173-3, 173-4 and 173-5 of the following content:

"Chapter 16-1. Voluntary settlement

Article 173-1. Conciliation of the parties

Article 173-2. Conclusion of the voluntary settlement

Article 173-3. Form and content of the voluntary settlement

Article 173-4. Approval of the voluntary settlement by court

Article 173-5. Execution of the voluntary settlement";

change is made to Article 177 heading in Kazakh, in Russian the text does not change;

to state heading of Article 222 in the following edition:

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

to exclude heading of Article 229;

to state heading of Article 240-3 in the following edition:

"Article 240-3. Permission of question of turn of execution of the court ruling of court of appeal, cassation or supervising instances";

add with headings of Articles 257-1 and 258-1 of the following content:

"Article 257-1. Fixation of judicial session by means audio-or videos (audio-, video protocol)";

"Article 258-1. Notes on audio-or video and the brief protocol of judicial session";

to state headings of Articles 383-6, 385 and 395-1 in the following edition:

"Article 383-6. Return of the writ of appeal or protest";

"Article 385. Persons having the right to submission of the petition, introduction of representation and bringing of protest to the court resolutions which took legal effect";

"Article 395-1. Response on the petition, representation or protest for review of court resolution";

to exclude headings of Articles 403-1 and 403-2;

Part third of Article 6 to state 2) in the following edition:

"3. Violation of the law by court in case of permission of cases inadmissibly also involves cancellation of illegal court resolutions.";

The second and fifth Article 14 to state 3) to part in the following edition:

"2. Language of legal proceedings is established by determination of court depending on language in which the action for declaration (statement) is filed a lawsuit. Production on the same civil case is performed in the legal proceedings language established originally.

If during preparation for consideration of the case in Trial Court it became clear that the claimant does not know language in which his representative submits the action for declaration (statement), then according to the written petition of the claimant the court takes out determination about change of language of legal proceedings.";

"5. Court resolutions which issue from case declared in writing the person who is participating in case and not knowing legal proceedings language are handed to it in transfer into its native language or other language which he knows.";

Part the second Article 15 to state 4) in the following edition:

"2. The parties choose during civil legal proceedings the line item, methods and means of its upholding independently and irrespective of court, other persons participating in case. The court is completely exempted from collection of proofs on own initiative for the purpose of establishment of the actual facts of the case, however according to the motivated petition of the party renders it assistance in the receipt of required materials according to the procedure provided by this Code.";

Article 20 to state 5) in the following edition:

"Article 20. Safety during legal proceedings

Legal proceedings of case shall happen in the conditions ensuring normal functioning of court and safety of persons which are present at courtroom. For the purpose of safety by bailiffs verification of identity documents, personal inspection of persons and examination of the things which are carried by by them in courtroom are carried out.";

Article 22 to state 6) in the following edition:

"Article 22. Freedom of appeal of court resolutions

1. Court resolutions can be appealed according to the procedure, established by this Code.

2. Persons participating in case have the right to review of court resolution by superior court according to the procedure, established by this Code.";

Article 25 to state 7) in the following edition:

"Article 25. Transfer of disputes on permission of arbitration or reference tribunal, and also according to the procedure of mediation

The dispute subordinated to court which arose from the civil relations can be by agreement of the parties resolved according to the procedure of mediation or is submitted arbitration or reference tribunal when it is not forbidden by legal acts of the Republic of Kazakhstan, and according to the subitem 4) of Article 170 and Article 192 of this Code.";

8) in Article 30:

the first and 1-3 to state parts in the following edition:

"1. Specialized interdistrict economic courts consider civil cases on receivership and non-property proceeding in which parties are the citizens performing business activity without formation of legal entity, legal entities on corporate disputes, and also civil cases about restructuring of the financial organizations and organizations entering into banking conglomerate as the parent organization and not being the financial organizations in the cases provided by the laws of the Republic of Kazakhstan.

The claim for the specified civil cases, except for cases on restructuring of the financial organizations and the organizations entering into banking conglomerate as the parent organization and not being the financial organizations can be shown in case of observance by the claimant provided by the agreement or the legislation of the Republic of Kazakhstan of pre-judicial procedure for dispute settlement.";

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