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Eng

15 March 2021

Разрешение споров в Казахстане

 

 

Branches and bodies of the government power of Kazakhstan:

 

The government of Kazakhstan consists from three branches, which are: «the executive», «the legislative» and «the judicial». The executive branch consists of the from the Government, which is a collegial body. The legislative branch includes the Parliament, which is bicameral (the Mazhilis and the Senate). The judicial branch composes the Supreme Court and its subordinate courts.

 

Objectives and principles of the civil court proceeding of Kazakhstan:

 

The objectives of the civil court proceeding are:

 

- protection and restoration of violated or disputed rights, freedom and legal interests of citizens, government and private legal entities;

- observation of the lawfulness;

- provision and assistance of a dispute settlement;

- prevention of offences.

 

 

The principles of the civil court include:

 

- Legality – exact compliance with the Constitution and legislation of the Republic of Kazakhstan

- Justice is carried out only by the court

- Protection of legal rights, freedom and interests of a person

- Privacy protection

- Sanctity of property

- Independence of judges

- Equality of all under the law and the court

- Adversarial and equal rights of the parties

- Publicity of the trial

 

 

Court hierarchy:

 

Civil proceedings consist of three instances. The first instance includes district and specialized inter-district courts. Civil cases are initially considered by the courts of first instance. The second (appeal) instance includes courts of regions and cities of republican importance. Currently, there are three cities of republican importance: Almaty, Nursultan and Shymkent. They have the right to review the decisions of the courts of first instance. The Supreme Court of Kazakhstan is the highest judicial body and is the third instance.    

 

Jurisdiction:

 

Jurisdiction means necessity to consider a certain dispute by judicial or non-judicial body. Jurisdiction of civil courts embraces civil, economic, employment, family, financial, housing, land and other disputes. For certain categories of cases, a mandatory pre – trial  procedure is mandatory, without compliance it is impossible to consider the dispute in court.

 

All disputes between legal entities, as well as disputes between legal entities and state bodies, are considered by Specialized Inter-district Economic courts. To the Civil Procedure Code implemented the concept of a corporate dispute, which includes disputes between a commercial legal entity, its current / former participants or shareholders, and persons who are or were member of the management bodies.

 

 

Civil procedure legislation provides for conciliatory procedures in the settlement of disputes, such as mediation, participatory procedures and the conclusion of a settlement agreement..

 

The claim is filed on the basis of the jurisdiction established by the Civil Procedure Code :

- Jurisdiction at the location of the defendant;

- Exclusive jurisdiction-at the location of the immovable property:

- Contractual jurisdiction.

 

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