Article 133. Uncertainty of the location of the defendant and (or) the child and their search of the Civil Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 133. Uncertainty of the location of the defendant and (or) the child and their search of the Civil Procedure Code of the Republic of Kazakhstan

1.if the actual location of the defendant is unknown, the court shall proceed to consideration of the case after the receipt by the court of a subpoena or other notification, invitation by an Authorized Person of the Association of owners of an apartment building property or the subject of management of a condominium object or the service for the provision of Housing and use and communal services of the local self-government body or the relevant executive body at the last known place of residence of the addressee or an Authorized Person of the administration at the last known place of work. Such notification is an appropriate notification.

If the place of stay of the defendant and (or) the child is unknown, the judge is obliged to issue a ruling on the announcement of the search for the defendant and (or) the child on the claim on the return of the child illegally smuggled into the Republic of Kazakhstan or held in the Republic of Kazakhstan, or on the exercise of access rights in respect of such a child on the basis of an international treaty ratified by the Republic of Kazakhstan.

2.in the interests of the state, as well as in cases of claims for recovery of alimony, compensation for damage caused by health damage or death of the breadwinner, if the location of the defendant is unknown, the court is obliged to announce the search for the defendant through the authorized bodies. The search for the defendant by the court does not prevent the consideration of the case.

3.The defendant has the right to submit an application for restoration of the missed procedural period for filing an appeal in accordance with the procedure established by Article 126 of this code after the submission of copies of the court decision to him / her and appeal the court decision.

4.collection of expenses for the search for the defendant and (or) the child is made upon the application of the authorized body by issuing a court order.

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