Article 148. Form and content of the claim of the Civil Procedure Code of the Republic of Kazakhstan

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1. The claim is filed with the court of first instance in writing or in the form of an electronic document.

2. The application must specify:

1) the name of the court to which the claim is filed;

2) the surname, first name and patronymic (if it is indicated in the identity document) of the plaintiff, his date of birth, place of residence, individual identification number, and if the plaintiff is a legal entity, his full name, location, business identification number and bank details; the name of the representative and his address, if the application is submitted by a representative. The application must contain information about the cellular subscriber number and the e-mail address of the plaintiff and the representative, if any.;

3) the surname, first name and patronymic (if it is indicated in the identity document) of the defendant, his place of residence, individual identification number (if known to the plaintiff), if the defendant is a legal entity, then his full name, location, bank details (if known to the plaintiff) and business identification number (if it is known to the plaintiff). The application must contain information about the subscriber's cell phone number and the defendant's email address, if known to the plaintiff.;

4) the nature of the violation or threat of violation of the rights and freedoms of a citizen or the legitimate interests of the plaintiff and the plaintiff's claims;

5) the circumstances on which the plaintiff bases his claims, as well as the content of evidence confirming these circumstances;

6) information on compliance with the pre-trial procedure for contacting the defendant, if this is established by law or provided for by the contract.;

6-1) information about the actions taken by the party(s) aimed at reconciliation, if such actions were taken;

7) the price of the claim, if the claim is subject to evaluation, as well as the calculation of the amounts of money being recovered or disputed;

8) a list of documents attached to the claim.

In addition to the requirements specified in subitems 1) to 8) of this part, a claim filed and signed by a representative must contain a reference to the rule of law on which the claims are based.

3. A claim filed by a prosecutor in the State or public interest must contain a justification of what the State or public interest is, which legitimate interests have been violated, as well as a reference to the law to be applied. If the prosecutor applies in the interests of an individual or a legal entity, the claim must contain a justification for the reasons why it is impossible for the individual or legal entity to file a claim. The claim must be accompanied by a document confirming the consent of an individual or legal entity or its legal representative to file a claim with the prosecutor in court, except in cases of filing a claim in the interests of a minor or an incapacitated person.

4. The claim is signed by the plaintiff or his representative if he has the authority to sign the claim. When filing a claim in the form of an electronic document, it is certified by the electronic digital signature of the plaintiff or his representative.

5. Excluded by the Law of the Republic of Kazakhstan dated 06/10/2020 No. 342-VI (effective ten calendar days after the date of its first official publication).

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Republic of Kazakhstan

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