Article 126. Extension and restoration of procedural terms of the Civil Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 126. Extension and restoration of procedural terms of the Civil Procedure Code of the Republic of Kazakhstan

1. The time limits set by the court may be extended by the court.

2. The time limits established by this Code may be restored by the court if they are missed for reasons recognized by the court as valid.

3. The court is obliged to restore the missed deadline specified in the second part of this article for appealing judicial acts, bringing petitions or protests by the prosecutor in case of violation of the law by the court or judicial acts limiting the possibility of a participant in the process to protect their rights and legitimate interests (late sending of a copy of the judicial act to a person participating in the case; ignorance of the language of legal proceedings if the judicial act has not been translated into a language that the person speaks; incorrect registration of succession), as well as in the presence of other circumstances that prevented timely filing a complaint, bringing a petition or protest to the prosecutor.

4. An application for reinstatement of a missed procedural period shall be submitted to the court in which the procedural action was to be performed no later than one month from the day when the applicant became aware of the violation of his rights or legitimate interests.

The persons involved in the case are immediately notified of the receipt of the application and have the right to submit a review to the court.

The court shall consider and resolve the application for restoration of the missed procedural period within ten working days from the date of its receipt by the court.

The court has the right, at its discretion, to consider an application for the restoration of a missed procedural period without summoning the persons involved in the case, or to appoint a court hearing. At the same time, the failure of the persons participating in the case, duly notified of the time and place of the court session, is not an obstacle to the consideration of the application.

5. At the same time as submitting an application for reinstatement, a claim for protection of rights must be submitted, and a document confirming the validity of the reasons for missing the deadline must be submitted.

6. A private complaint, a petition, or a protest by the prosecutor may be filed against a court ruling on the refusal to extend or restore a missed procedural period.

7. The court's ruling on the extension or restoration of the procedural term is not subject to appeal or review at the request of the prosecutor.

President

Republic of Kazakhstan

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