Category Archives:Court System

Kazakhstan to Minimize the Number of Appellate Levels

1. Today’s five-tier judiciary in Kazakhstan

In May 2015, Kazakhstan President Nursultan Nazarbayev presented his 100 Particular Steps program, which proposed, among other things, major judicial reforms in the country. According to Step 16 of the program, Kazakhstan will make a transition from the current five-level judicial system (trial plus four types of appeals) to a new three-level system. Today, there are four types of appeal available after a district court trial:

Termination of enforcement proceedings due to the loss of the possibility of execution

One of the grounds for termination of enforcement proceedings under subparagraph 4 of Article 47 of the Law of the Republic of Kazakhstan “On Enforcement Proceedings and Status of legal executives” is the loss of the possibility of execution of the executive document binding the debtor to perform certain actions (refrain from (…) of certain actions).

If the plaintiff lost the case, can he try again?

Article 367 of the CPC of the RK (Civil Procedure Code of the Republic of Kazakhstan) provides that a decision rendered by a court of the first instance can be annulled on appeal with the termination of proceedings or leaving the application without consideration on the grounds specified in Articles 247, 249 of this Code. Here we would like to consider subparagraph 9) of Article 249 of the CPC, according to which the court leaves the application without consideration, if an application for the return of the claim was submitted.