Article 138. Grounds for refusal to accept and return an application for a court order of the Civil Procedure Code of the Republic of Kazakhstan
1. A judge shall refuse to accept or return an application for a court order on the grounds provided for in Articles 151 and 152 of this Code.
In addition, the judge returns the application in cases where:
1) the stated requirement is not provided for in Article 135 of this Code;
2) the defendant's place of residence or location is outside the Republic of Kazakhstan;
3) documents confirming the stated claim have not been submitted;
4) it is considered that there is a dispute about the law, which is subject to consideration in the order of the claim proceedings;
5) the form and content of the application do not meet the requirements of Article 136 of this Code;
6) the application has not been paid for by the state fee.
2. The judge issues a ruling on the refusal to accept or return the application within three working days from the date of receipt of the application to the court.
3. The return of the application does not prevent the re-filing of an application to the court for the issuance of a court order or the filing of a claim against the same defendant, on the same subject and on the same grounds, if they eliminate the violation.
4. The judge's ruling on the refusal to accept or return the application may be appealed to the court of appeal, whose decision is final.
President
Republic of Kazakhstan
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