The Supreme Court of the Republic of Kazakhstan has developed and presented for discussion the draft of new Code of Civil Procedure

New version of Code of Civil Procedure was presented for wide public debate. Bill draft is placed on Supreme Court website.  All comments and proposals will be taken into consideration in the course of further follow-up of the draft.

Source: Press Office of the Supreme Court of the Republic of Kazakhstan

Code of Civil Procedure draft shall be designed for increase of effectiveness, efficiency and impartiality at civil cases review by courts that will positively affect on administration of justice, further strengthening of judicial power independence and will contribute to Kazakhstan's entry to the top 30 developed countries in the world.

The draft regulates social relations occurring at administration of justice on civil cases, the role of a judge in legal procedure was overviewed. Particularly, civil case review will be based on competitiveness of the parties with moderate control over judicial proceeding subject by judges.

New version of the Code specifies the objective balance of procedural rights and liabilities of the participants of legal procedure and judges.

For development of non-judicial mechanisms for dispute settlement the new Chapter “Pre-trial Dispute Settlement “was introduced by certain categories.

Professional Representation Institute’s issue was updated. The draft remains the opportunity for involvement of third parties in behalf of the party, providing that Higher Legal Education is a crucial criterion. Representation of interests of the parties, who filed a petition for judicial acts overview at the Supreme Court, shall be assigned to accredited lawyers.

The grounds for sending to retry to Appeals Instance court by Court of Cassation were minimized. This Provision was agreed by introduction of state duty to all Judicial Instances.

For the purpose of wide application of conciliation procedures and implementation of objectives of civil procedure the draft provides the pacific dispute settlement.

The separate Chapter “Conciliation Procedures” regulates in detail the procedures and effects of closure of Settlement Agreement s and Contracts on dispute settlement by mediation.

In addition, the draft contains Provisions oriented to simplification of civil cases review procedure, including by wide application of technical equipment in courts activities.

All offered procedures will be adopted taking into account need in vulnerable social groups' protection of interests.

New version of Code of Civil Procedure was presented for wide public debate. Bill draft is placed on Supreme Court website (www.sud.kz). All comments and proposals will be taken into account in the course of follow-up of the Bill draft.