Application of procedural coercion measures
In the event of a violation of the norms of procedural legislation, when considering a case, measures of procedural coercion are applied in the form of imposing a monetary penalty.
In accordance with article 127 of the CPC, the court has the right to impose a monetary penalty on a person who abuses procedural rights or fails to perform procedural duties, including in cases of presenting evidence, executing orders in violation of the time limit set by the court without valid reasons, if this led to a delay in the consideration of an administrative case, for each action (inaction) in the amount of ten monthly calculation indices.
For failure to comply with a requirement or a court request, failure to appear in court of a person participating in an administrative case, late notification of the court, late submission of a review, disobedience to the orders of the presiding judge, violation of the rules established in court, as well as other actions (omissions) clearly indicating disrespect for the court and (or) the judge, the court has the right to impose a monetary penalty in the amount of twenty monthly calculation indices.
For failure to comply with a court decision, a court ruling approving an agreement between the parties on reconciliation, mediation, or dispute settlement through a participatory procedure, the court imposes a monetary penalty on the defendant in the amount of fifty monthly calculation indices, indicating in the same judicial act a period not exceeding one month during which it is to be enforced.
During the analyzed period, the courts have developed the practice of applying a measure of procedural coercion in the form of imposing a monetary penalty.
In the category of disputes concerning the appeal of actions (inaction) of bailiffs, monetary penalties are most often imposed on defendants for the following reasons:
late provision of feedback;
non-timely provision of enforcement proceedings;
provision of enforcement proceedings not in full;
failure to appear (or not connect online) at a court hearing without a valid reason.
ANALYSIS of the Supreme Court of the Republic of Kazakhstan on the judicial practice of considering administrative cases challenging decisions, actions (inaction) of bailiffs for the second half of 2021 and the first half of 2022.
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