of July 7, 2016 No. 6
About some questions of invalidity of transactions and application of effects of their invalidity by courts
For the purpose of uniform and correct application in court practice of some regulations of the legislation of the Republic of Kazakhstan on invalidity of transactions and application of effects of their invalidity the plenary session of the Supreme Court of the Republic of Kazakhstan
decides:
1. According to regulations of the Civil code of the Republic of Kazakhstan (further - group of companies) the transaction can be invalid on the bases, the established law, owing to recognition her that court (the debatable transaction) or irrespective of such recognition owing to direct specifying on its invalidity in the law (the insignificant transaction).
Requirements about recognition of the debatable transaction invalid, application of requirements about its effects can be shown by the interested person, proper state body or the prosecutor.
The negligibility of the transaction established by the law does not interfere with the interested person to require judicial recognition of invalidity of such transaction.
Requirement about application of effects of invalidity of the insignificant transaction can be imposed by any interested person irrespective of whether the requirement about recognition of the insignificant transaction invalid is declared.
The court has the right to apply effects of invalidity of the transaction on own initiative in the cases provided by Items 2, of 3, of 4, of 5, of 6, of the 7 and 8 Article 157-1 of group of companies.
2. According to Item 1 of Article 9 of group of companies recognition of the debatable transaction by court invalid and applications of effects of its invalidity, application of effects of invalidity of the insignificant transaction are one of methods of protection of the civil laws.
The disputes connected with protection of the civil laws by recognition of the transaction invalid are considered by courts with observance of rules of jurisdiction and cognizance of the cases established by the Code of civil procedure of the Republic of Kazakhstan (further - GPK).
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