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Civil Procedure Code of the Republic of Kazakhstan See Civil procedural law of the Republic of Kazakhstan (31 October, 2015 № 377-V) Article 1. Relations regulated by the civil procedure legislationCivil procedure legislation of the Republic of Kazakhstan regulates public relations arising in the process of administration of justice by courts in the course of consideration and adjudication of claims and other cases assigned to their competence by this Code and other laws.
Article 2. Legislation on civil proceedings of the Republic of Kazakhstan1. The order of legal proceedings on civil cases in the Republic of Kazakhstan is determined by Constitutional Laws, Civil Procedure Code of the Republic of Kazakhstan based on the Constitution of the Republic of Kazakhstan and generally recognized principles and norms of International Law. Provisions of other laws regulating civil proceedings shall be included in this Code. 2. International contractual and other obligations of the Republic of Kazakhstan, as well as regulatory resolutions of the Constitutional Council and the Supreme Court of the Republic of Kazakhstan are integral part of the civil procedure law. 3. Legislation on civil proceedings establishes the order of legal proceedings on disputes arising from civil, marital, employment, housing, administrative, financial, economic, land relationships, relations on use of natural resources and environmental protection and other legal relations, as well as special proceeding cases. 4. If in the course of civil proceedings the necessity to consider an issue subject to resolving under the administrative law arises, it shall be resolved in the civil proceeding in accordance with provisions of the Article 26 of this Code.
Article 3. Application of prevailing legal rules in civil proceedings1. The Constitution of the Republic of Kazakhstan shall have the supreme legal force and direct effect over the entire territory of the Republic. In case of conflict between provisions of this Code and the Constitution of the Republic of Kazakhstan, the provisions of the Constitution shall prevail. 2. In case of conflict between provisions of this Code and the constitutional law of the Republic of Kazakhstan, provisions of the constitutional law shall prevail. In case of conflict between provisions of this Code and other laws, the provisions of this Code shall prevail. 3. International treaties ratified by the Republic of Kazakhstan shall prevail over this Code and shall be applied directly, except to the extent that an international treaty requires an enactment.
Article 4. Operation of the civil procedure legislation in time1. Civil proceedings are conducted in accordance with the civil procedure law effective at the moment of implementing procedural action and making procedural decisions. 2. Civil procedure law imposing new duties, abolishing or diminishing rights belonging to the process participants, abridging use of the rights based on additional terms and conditions shall not have retroactive effect. 3. Admissibility of evidences shall be determined in accordance with the law in effect at the time of their obtaining.
Chapter 2. Objectives and principles of civil proceedings
Article 5. Objectives of civil proceedingsObjectives of civil proceedings are a protection of violated or disputed rights, liberties and legally protected interests of citizens, the state and organizations, a strengthening of the rule of law and a prevention of offenses.
Article 6. Legality1. The court in resolving cases in the course of civil proceedings must strictly observe requirements of the Constitution of the Republic of Kazakhstan, the present Code and other regulatory legal acts. 2. The courts shall not be entitled to apply laws and other regulatory legal acts infringing on human and civil rights and liberties enshrined in the Constitution. If the court finds that a law or other regulatory legal act subject to application infringes on human and civil rights and liberties enshrined in the Constitution, the court shall suspend the legal proceedings on the case and apply to the Constitutional Council of the Republic of Kazakhstan with a submission to acknowledge this act as unconstitutional. Upon receiving a final resolution of the Constitutional Council the proceedings on the case shall be revived. 3. Violation of law by the court in the course of case adjudication shall be unacceptable and shall result in cancellation of illegal judicial acts. A judge guilty of the violation of law shall bear full responsibility stipulated by the law. 4. Should the court in the course of the case adjudication establish noncompliance of an act issued by a state agency or another agency with a law, or that the act was issued with the excess of powers, the court shall apply the prevailing legal acts. 5. In the event of lack of legislation regulating legal relations in dispute, the court shall apply rules of law regulating similar relations; in case of lack of such rules of law the court shall settle the dispute based on common principles and meaning of the law. 6. If legislation acts or an agreement of parties to a dispute stipulate resolution of relevant issues by the court, the court must settle these issues based on requirement of equity and reasonableness. Article 7. Exclusiveness of administration of justice by the court1. Justice on civil cases shall be administered only by court and under the rules, established by the civil procedure legislation. Appropriation of the court powers by whosoever shall be punishable as provided by the law. 2. Resolutions of emergency courts or other illegally constituted courts have no legal force and are not subject to enforcement. 3. Decision of a court which conducted the civil proceeding on a case being out of its jurisdiction and exceeded its authority or otherwise substantially violated principles stipulated by this Code shall be illegal and subject to cancellation. 4. Decisions of a court on a civil case may be audited and revised only by relevant courts in the order defined by this Code.
Article 8. Judicial remedy of rights, liberties and legitimate interests of a person1. Everyone is entitled, in the order prescribed by this Code, to apply to the court for defense of violated or disputed constitutional rights, liberties or legitimate interests protected by the law. State agencies, legal entities or citizens have the right to apply to the court for defense of rights and legally protected interests of other persons or unspecified persons in cases provided by the law. 2. A prosecutor is entitled to apply to a court with a suit (a petition) for the purposes of fulfillment of the entrusted duties and for defense of rights of citizens, legal entities, public and state interests. 3. Jurisdiction stipulated by the law for a person may not be changed without consent of that person. A court of superior jurisdiction may not withdraw a case from proceedings of a lower court and take over it without consent of the parties. 4. Abandonment of the right to appeal to the court shall not be valid if it contravenes the law or violates someone's rights and interests protected by the law.
Article 9. Respect of person’s honor and dignity1. In the course of civil case proceeding, decisions and actions humiliating honor or diminishing dignity of a person involved in the civil process shall be prohibited. 2. Moral damage caused to a person in the course of civil proceedings by unlawful actions of state agencies and officials shall be compensated in accordance with procedures established by the law.
Article 10. Privacy. Secrecy of correspondence, telephone conversations, postal, telegraph and other messagesPrivate life of citizens, personal and family secrets are protected by the law. Everyone has a right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other messages. Limitations of these rights in the course of civil process shall be admitted only in cases and pursuant to procedures directly established by the law.
Article 11. Inviolability of property 1. Property is guaranteed by the law. No one may be deprived of his/her property except by a court decision. 2. Seizure of bank deposits and other property of persons as well as the property withdrawal in the course of the civil proceedings may be implemented in cases and pursuant to procedures stipulated by this Code.
Article 12. Independence of judges1. A judge in the course of administering justice shall be independent and shall be subject only to the Constitution of the Republic of Kazakhstan and the law. 2. Judges and courts settle civil cases in such conditions that shall exclude any outside influence on them. Any interference in court‘s activity on administration of justice shall be prohibited and shall be subject to legal liability. Judges shall not be accountable on specific cases. 3. Guarantees of independence of a judge are established by the Constitution of the Republic of Kazakhstan and the law.
Article 13. Equality before the law and the court1. Justice in civil cases shall be administrated based on equality before the law and the courts. 2. In the course of civil proceedings none of: the citizens may be given preference and none of them may be discriminated on the basis of their origin, official capacity, property status, sex, race, nationality, language, religion, beliefs, place of residence or on any other circumstances; the legal entities may be given preference, and none of them may be discriminated on the basis of their location, legal form of organization, affiliation, ownership or other circumstances. 3. Conditions of civil proceedings with regard to persons with civil immunity shall be determined by the Constitution of the Republic of Kazakhstan, by the present Code, by the laws and international treaties ratified by the Republic of Kazakhstan.
Article 14. Language of the proceedings1. Legal proceedings on civil cases shall be implemented in the official language; Russian and other languages may be applied in legal proceedings on an equal basis with the official language, if necessary. 2. Language of legal proceedings shall be established by a decision of the court depending on the language of a lawsuit (a petition). Proceedings on any one civil case shall be implemented in the initially established language of the proceeding of that case. 3. To persons participating in the case with no knowledge or poor knowledge of the language of the proceedings, it will be explained that they have the right to, and the right shall be provided to make statements, to give explanations and testimony, to present petitions, to lodge an appeal, to get acquainted with the case materials and to speak in the court in their native language or in any other language they speak and to use services of an interpreter free of charge pursuant to the procedures established by this Code. 4. Persons participating in civil proceedings shall be provided by the court with free translation to the language of the proceedings of the materials in another language that they require by operation of law. Persons participating in civil proceedings shall be provided with free translation into the language of the legal proceedings of the part of the trial pleadings which is performed in another language. 5. Court documents shall be handed to persons participating in a case as translated into their native language or another language they speak.
Article 15. Competitiveness and equality of the parties1. Civil proceedings shall be implemented on the basis of competitiveness and equality of the parties. The parties shall have equal procedural rights and shall bear equal procedural duties. 2. In the course of civil proceedings the parties choose their position and the ways and means of maintaining their case on their own and independently from the court or other bodies and entities. The court shall be fully absolved of collecting evidences on its own initiative for the purposes of substantiation of the facts on the case; however, on a reasoned request of any party the court shall provide assistance in obtaining necessary materials pursuant to the procedures established by this Code. 3. The judging court, maintaining objectivity and impartiality, shall create necessary conditions for fulfillment of the parties’ rights for full and objective investigation of circumstances of the case, shall explain to the parties participating in the case their rights and responsibilities, shall warn about consequences for committing and failing to commit procedural actions and in the cases stipulated by this Code shall assist them in implementing their rights. The court shall base its procedural decision only on those evidences which each Party had equal access to participate in examination of. 4. The court shall demonstrate equal and respectful attitude towards the parties.
Article 16. Evaluation of evidence by inner conviction1. A judge shall evaluate evidences based on his/her own inner conviction, based on an impartial, in-depth and full consideration of all the available evidences in the whole, therewith guided by the law and conscience. 2. No evidence has a predetermined significance for the court.
Article 17. Exemption from duty to testify1. No one shall be obliged to testify against himself/herself, his/her spouse and close relatives determined by the law. 2. Members of the clergy are not obliged to testify against persons who confessed to them. 3. In the cases stipulated by the first and the second paragraphs of this Article the aforementioned persons shall have the right to refuse to testify and cannot be subjected to any responsibility for that.
Article 18. Securing rights for qualified legal assistance1. Everyone is entitled to receive qualified legal assistance in the course of civil proceeding in accordance with provisions of this Code. 2. Legal assistance may be provided free of charge in the cases stipulated by the law.
Article 19. Transparency of legal proceeding1. Case proceedings in all courts and all judicial authorities shall be conducted openly. 2. A trial shall be conducted in closed judicial session in accordance with the law, including if it involves announcement of judgments containing state secrets, as well as if the court grants a plea of a case participant for the need to preserve confidentiality of adoption or preservation of personal, family, commercial or any other secret protected by law or information related to the intimate aspects of the citizens’ lives or any other circumstances preventing a public trial, as well as in the case stipulated by paragraph six of the Article 179 of this Code. 3. Personal correspondence and private telegraph messages of citizens may be read in open court only with consent of persons involved in these conversations and telegraph messages. Otherwise, personal correspondence and private telegraph messages of these individuals shall be read and examined in a closed judicial session. The aforementioned rules shall be applied also in the course of examination of photo- and film documents, audiotapes and videotapes as well as messages received through other technical devices containing private information. 4. If the trial is conducted in a closed judicial session, it will be attended by persons participating in the case and their representatives, as well as witnesses, experts, specialists and interpreters, if necessary. 5. A decision to conduct a trial in a closed judicial session shall be made by court by way of a reasoned ruling. 6. Citizens under sixteen years old shall not be admitted to a courtroom unless they are persons participating in the case or witnesses. 7. A trial in a closed judicial session shall be conducted in accordance with all rules of the civil procedure. 8. Persons participating in the case and citizens in presence in open court proceedings have the right to document the trial process either in writing or with use of audio recording from their seat in a courtroom. Any camera and photo camera recording, video recording, direct radio and TV broadcasting in the course of a trial shall be permitted upon approval of the court with taking into account opinions of persons participating in the case. These actions should not interfere with a regular process of the trial and may be time-limited by the court.
Article 20. Ensuring security at trialA trial shall take place under conditions ensuring regular operation of the court and safety of the process participants. For the purposes of ensuring safety of a judge and citizens in presence in a courtroom, a chairperson may order to inspect persons willing to attend the trial including verification of their identity documents, personal inspection and inspection of things they bring to the courtroom.
Article 21. Obligatory force of judicial acts1. A court shall issue judicial acts on civil cases in the form of decisions, rulings, regulations and orders. 2. Effective court decisions, rulings, decrees and orders, as well as lawful prescriptions, requirements, instructions, summons and other form of address of courts and judges shall be obligatory for any and all state agencies, local government authorities, public associations and other legal entities, officials and citizens, and shall be subject to mandatory implementation over the entire territory of the Republic of Kazakhstan. Judicial acts based on a law or any regulatory legal act held unconstitutional by the Constitutional Council of the Republic of Kazakhstan shall not be subject to enforcement. 3. Obligatory force of a judicial act shall not deprive concerned parties that did not participate in case of the opportunity to apply to court for protection of violated or disputed rights, liberties and interests protected by the law. 4. Failure to enforce judicial acts and equally any other demonstration of contempt of court shall be punishable in accordance with the law. Article 22. Right of appeal of procedural actions and decisions1. Actions and decisions of a court may be appealed pursuant to procedures established by this Code. 2. Persons participating in the case have the right to appeal to a court of superior jurisdiction pursuant to procedures established by this Code.
Article 23. Value of civil procedure principlesViolation of civil procedure principles entails cancellation of court decisions, depending on their nature and essence.
Chapter 3. Jurisdiction and cognizance Article 24. Court jurisdiction over civil cases1. Courts adjudicate cases on protection of violated or disputed rights, liberties and interests protected by the law in accordance with civil procedure, unless pursuant to this Code and other laws their protection is to be enforced under another court procedure. 2. Courts adjudge cases on disputes arising from civil (including corporate disputes), marital, employment, housing, administrative, financial, economic, land relations, relations on use of natural resources and environment protection and other legal relations, including relations based on authoritative subordination of one party to another. Corporate disputes include disputes where one party is a commercial organization, an association (a union) of commercial organizations, an association (a union) of commercial organizations and (or) individual entrepreneurs, a non-profit organization with a status of a self-regulatory organization in accordance with the laws of the Republic of Kazakhstan and (or) its shareholders (participants, members) (hereinafter referred to as corporate disputes): 1) associated with establishment, reorganization and liquidation of a legal entity; 2) associated with ownership of shares of joint stock companies, shares in the authorized capital of economic partnerships, shares of cooperative members, establishment of their encumbrances and fulfillment of the relevant resulting rights, except for disputes arising in relation with partition of inherited property or division of marital property containing shares of a joint stock company, shares in authorized capital of business companies and stockholdings of economic partnerships, shares of cooperative members; 3) on the demand of founders, shareholders, participants and members of legal entities (hereinafter as participants of a legal entity) for compensation of losses, caused to a legal person, invalidation of transactions conducted by a legal entity, and (or) application of the consequences of such transactions invalidity; 4) related to appointment or election, termination or suspension of authorities and responsibility of individuals, current or former members of legal entity management bodies, as well as disputes arising from civil relations between such individuals and the legal entity on fulfillment, termination or suspension of their authorities; 5) associated with issue of securities; 6) arising in connection with administering a register of holders of securities, taking into account the rights for shares and other securities, as well as disputes related to placement and (or) circulation of securities; 7) associated with invalidation of the state registration of shares issue; 8) on convocation of a general meeting of the legal entity participants; 9) on contestation of decisions, actions (inaction) of management bodies of the legal entity. 3. An act adopted by the state agency or its official may be disputed in court. 4. Courts adjudge cases of special action proceedings listed in Chapters 25 - 29 of this Code. 5. Courts adjudge cases of special proceedings listed in the Article 289 of this Code. 6. Courts also adjudge cases involving foreign citizens, stateless persons and foreign organizations, foreign legal entities, companies with foreign participation as well as international organizations, unless otherwise provided by an international treaty, the law of the Republic of Kazakhstan or the parties' agreement. 7. Other cases referred to courts competence by the law shall be under the court’s jurisdiction. Article 25. Transfer of disputes to arbitration courtProperty dispute under jurisdiction of a court may be transferred for resolution to arbitration court upon mutual agreement of the parties unless it is prohibited by legislative acts, and in accordance with subparagraph 4) of the Article 170 and Article 192 of this Code.
Article 26. Priority of jurisdiction of a court1. When combining several associated claims, some of which are under jurisdiction of the court, and others are under jurisdiction of non-judicial bodies, all of the claims shall be adjudged in court. 2. If there is a doubt or conflict of the laws in force in regard of jurisdiction over a particular dispute, it shall be adjudged in court. Article 27. Civil cases within jurisdiction of a district (municipal) court and other equal courtsCivil cases shall be considered and resolved by district (municipal) courts and other equivalent courts, except the cases envisaged in paragraph 8 of the Article 59 and in paragraph 3 of the Article 66 of the Constitutional Law of the Republic of Kazakhstan «On Elections in the Republic of Kazakhstan», as well as in paragraph 5 of the Article 13 of the Constitutional Law of the Republic Kazakhstan «On the national referendum». Article 28. is excludedArticle 29. is excludedArticle 30. Jurisdiction of specialized courts over civil cases1. Specialized inter-district economic courts shall adjudge civil cases on property and other non-property disputes where related parties are citizens executing entrepreneurship without registering a legal entity, legal entities and on other corporate disputes. 1-1. Specialized district and equivalent administrative courts shall judge cases on contestation of rules of bodies (officials) authorized to judge cases on administrative offenses. 1-2. Military courts shall adjudge civil cases on appeal by military servants of the Armed Forces, other forces and military formations, by citizens undergoing reserve training of actions (inaction) of officials and military authorities. Military courts may adjudge other civil cases if either party is represented by a military servant, a military authority or a military unit. 1-3. Specialized inter-district juvenile courts shall adjudge civil cases on disputes for defining a place of residence of a child; on deprivation (restriction) and restoration of parental rights; on adoption of a son (adoption of a daughter); on forwarding minors to special educational organization or organizations with particular treatment; on disputes arising from tutorship and guardianship (patronage) of the minors in accordance with the matrimonial law of the Republic of Kazakhstan. 1-4. Specialized financial court shall adjudge civil cases on property and non-property disputes of a regional financial center participant as well as civil cases on restructuring of financial institutions and organizations, members of a banking conglomerate having status of a parent organization and non-financial institution, in cases stipulated by the laws of the Republic of Kazakhstan. 2. Jurisdiction of civil cases to other specialized courts shall be defined by this Code. Notice: If a specialized inter-district juvenile court is not formed in a respective administrative-territorial unit, cases referred under its jurisdiction may be adjudged by a regional (municipal) court. Article 31. Filing suit at location of a defendantA suit shall be filed to a court at the place of residence of a defendant. A suit against a legal entity shall be filed to a court at the place of a legal entity’s registration. Article 32. Jurisdiction at the choice of a plaintiff1. A suit against a respondent with unknown place of residence or without a residence in the Republic of Kazakhstan may be filed to a court at respondent’s property location or at respondent’s place of residence last known. 2. A suit against a legal entity may be also filed to a court at its property location. 3. A suit resulting from activities of a branch or a representative office of a legal entity may be also filed to a court according at location of the registered branch or representative office. 4. Suits for alimony and paternity establishment may be filed by a plaintiff to a court at plaintiff’s place of residence. 5. Suits for compensation of damage caused by injury or other harm to health, as well as death of a breadwinner may be filed by a plaintiff to a court at plaintiff’s place of residence or at place of the injury. 6. Suits arising from contracts indicating a place of implementation may be filed a court at place of implementing the contract. 7. Divorce suits may be filed to a court at plaintiff’s place of residence also when the plaintiff has minors, or when a plaintiff due to disability cannot be present at respondent’s place of residence. 8. Suits for recovery of wages, pensions and benefits as well as suits for recovery of labor, pension and housing rights related to compensation of damages, caused to a citizen by unlawful conviction, unlawful criminal charges, unlawful use of a preventive measure or illegal imposition of an administrative penalty in the form of administrative arrest, may be brought at plaintiff’s place of residence. Suits on contestation of rules on administrative penalties may be also filed to a court at plaintiff’s place of residence. 9. Suits for protection of consumer rights can be filed to a court at plaintiff’s place of residence or at place of contract fulfillment. 10. Suits for damages caused by collision of vessels as well as for recovery of compensations for assistance and rescue at sea may be filed also to a court according to plaintiff’s location or vessel’s home port location. 11. Selection of a court among other courts under which jurisdiction a case may be judged pursuant to the Article shall belong to a plaintiff except jurisdiction established by Article 33 of this Code. Article 33. Exclusive jurisdiction1. Claims for rights for land plots, buildings, facilities, and other objects permanently attached to land (real estate), release of property from the seizure, may be brought to the court according to the location of objects or the seized property. 2. Claims of creditors of a testator, brought to the court before acceptance of an inheritance by inheritors, are subject to the jurisdiction of the court according to the location of the inherited property or its main part. 3. Claims to the carriers, arising from contracts on transportation of goods, passengers or luggage, may be brought to the court according to the permanent location of the transport organization’s office. 4. Claims for damages, caused by violation of jurisdictional immunity of the Republic of Kazakhstan and its property by a foreign state, are imposed to the court according to the location of a petitioner, unless otherwise stipulated by an international treaty of the Republic of Kazakhstan. Article 34. Agreed jurisdictionThe parties may agree mutually to change a territorial jurisdiction for a case. Jurisdiction provided by Article 33 of this Code shall not be changed by an agreement of the parties. Article 35. Jurisdiction of several inter-connected cases1. A suit against several defendants residing or located in different places shall be brought according to the place of residence or location of one of the defendants on the plaintiff’s choice. Requirements combined in one application subject to the jurisdiction of different courts shall be considered by a higher court to the jurisdiction of which one of the claims is related, provided that in accordance with the Article 171 of this Code a judge of the superior court shall make a decision on separation of these requirements. 2. A suit of a third party declaring an independent claim and a counter-claim, regardless of its jurisdiction may be brought to the court according to the place of consideration of the initial claim. 3. A lawsuit arising from a criminal case if it was not declared or not resolved as a civil proceeding in a criminal case, shall be presented for consideration in civil proceedings under the rules of jurisdiction, defined by this Code.
Article 36. Transfer of cases from procedure of one court to another court1. A case accepted by a court in accordance with the rules of jurisdiction shall be resolved effectively, even if in the future, it would fall under jurisdiction of another court. 2. A court sends the case to another court if: 1) a defendant, whose place of residence was not previously known, shall make an application to transfer the case to the court according to his place of residence; 2) after recusal of one or more judges, as well as based on other noteworthy circumstances, the change of judges or consideration of the case in this court becomes impossible; 3) during proceedings in this court it turned out that it has been accepted for production with violation of the jurisdiction rules; 4) a suit is brought to the court. 3. The parties’ applications on lack of jurisdiction of the case to this court shall be resolved by this court. As for the matter concerning transfer of the case to another court a ruling shall be made. In cases stipulated by subparagraphs 2) and 4) of this Article, the ruling on transfer of this case shall be made by a judge of the superior court. The court ruling on abandonment of the application on lack of jurisdiction of the case may be appealed to a higher court, decision of which shall be final and not subject to appeal. Transfer of cases from one court to another court shall be made after the term to appeal this ruling expires and in case of filling a petition - after making a decision on abandonment of the petition. 4. Disputes over jurisdiction between the courts shall be resolved by a higher court, decision of which shall be final and not subject to appeal.
Chapter 4. Composition of the court, recusals Article 37. Composition of the Court1. Civil cases in first-instance appellation courts shall be considered by a single judge acting on behalf of the court. 2. Civil cases stipulated by paragraph 8 of the Article 59 and paragraph 3 of the Article 66 of Constitutional Law of the Republic of Kazakhstan «On Elections in the Republic of Kazakhstan», as well as paragraph 5 of the Article 13 of the Constitutional Law of the Republic of Kazakhstan «On Republic Referendum», shall be considered by the judge acting on behalf of the court at his/her sole discretion. 3. Cases in cassation instance court or courts of appeal shall be considered by a collegial court. The collegial court shall include an odd (at least three) number of judges, one of whom shall be a chairperson, whose duties are performed by correspondingly performed by chairperson of regional court or chairperson of the relevant panel of Supreme Court of the Republic of Kazakhstan or one of the judges upon their instructions. Article 38. Procedure for resolving issues by collegial composition of the court1. All judges have equal rights in consideration and resolution of cases by collegial composition of the court. All questions arising during consideration and resolution of the case by a collegial composition of the court shall be solved by the judges by a majority of votes. In addressing each question, none of the judges have a right to abstain from voting. 2. The chairperson shall make proposals, express his opinions and be the last to vote. 3. A judge who disagrees with the decision of the majority shall sign his decision and may write his dissenting opinion to be given to the chairperson and attached to the case in a sealed envelope. A supervising instance court is enabled to read the opinion during consideration of the case. Persons participating in the case shall not be informed about presence of the opinion; the opinion is not disclosed in the courtroom. Article 39. Inadmissibility of second participation of a judge in consideration of a case1. The judge who took part in consideration of a civil case in the first instance court cannot participate in consideration of the same case in the appeal, cassation or supervisory instance courts, as well as participate in a new consideration of the case in the first instance court, court of appeal in case of cancellation of the decision adopted by his participation.
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