Civil procedural law of the Republic of Kazakhstan (31 October, 2015 № 377-V, has been amended by the 2018)

Civil procedural law of the Republic of Kazakhstan
(31 October, 2015 № 377-V, has been amended by the 2018)

Unofficial translation!

SECTION 1. GENERAL PROVISIONS

Chapter 1. CIVIL PROCEDURAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Article 1. Civil legal proceedings legislation of the Republic of Kazakhstan

1. Procedure for legal proceedings concerning civil cases in the territory of the Republic of Kazakhstan shall be determined by constitutional laws of the Republic of Kazakhstan, Civil procedural law of the Republic of Kazakhstan, which is based on the Republic of Kazakhstan Constitution, and generally accepted principles and standards of international law. Provisions of other laws regulating procedure of legal proceedings shall be subject to inclusion into this Law.

2. International contractual and other obligations of the Republic of Kazakhstan as well as regulatory resolutions of the Constitutional Council and Supreme Court of the Republic of Kazakhstan shall be an integral part of the civil procedural law.

3. Civil legal proceedings legislation of the Republic of Kazakhstan establishes the procedure for consideration of cases pertaining to disputes arising out of civil, family, employment, housing, financial, economic, land and other law relations as well as special proceedings cases.

Article 2. Application of law provisions of preferential force in civil legal proceedings

1. Constitution of the Republic of Kazakhstan has the highest legal effect and direct application in the whole territory of the Republic. In case of contradictions between provisions of this Law and Constitution of the Republic of Kazakhstan the provisions of the Constitution shall apply.

2. In case of contradiction between provisions of this Law and Constitutional law of the Republic of Kazakhstan the provisions of the Constitutional law shall apply. In case of contradiction between provisions of this Law and other laws the provisions of this Law shall apply.

3. International agreements ratified the Republic of Kazakhstan shall have priority over this Law and shall apply directly except for cases when an international agreement implies that its application requires issue of a law.

Article 3. Validity of civil legal proceedings law in the course of time

1. Civil legal proceedings shall be carried out in accordance with the civil legal proceedings law effective as of the moment of holding of proceedings or adopting of a decision after proceedings.

2. Civil legal proceedings law, which imposes new obligations, waives or derogates rights belonging to parties of the proceedings, limits application thereof by additional conditions, shall not have retroactive effect.

3. Admissibility of evidence is determined in accordance with law applicable at the moment of receiving thereof.

Chapter 2. OBJECTIVES AND PRINCIPLES OF CIVIL LEGAL PROCEEDINGS

Article 4. Objectives of civil legal proceedings