Article 15. Competitiveness and equality of the parties of the Civil Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 15. Competitiveness and equality of the parties of the Civil Procedure Code of the Republic of Kazakhstan

1. Civil legal proceedings shall be conducted on the basis of competition and equality of the parties. The parties involved in the civil procedure are endowed by this Code with equal opportunities to defend their position.

2. In the course of civil proceedings, the parties choose their position, ways and means of defending it independently and independently of the court and other persons involved in the case.

3. The court, while maintaining objectivity and impartiality, manages the process and creates the necessary conditions for the parties to exercise their procedural rights to a full and objective investigation of the circumstances of the case.

The court explains to the persons participating in the case their rights and obligations, warns about the consequences of committing or not completing procedural actions, clarifies their legal positions and arguments, discusses with them the circumstances of the case and, in cases provided for by this Code, assists them in exercising their rights.

The court bases its decision only on those evidences, the participation in the study of which was provided to each party on an equal basis.

4. The court, at the reasoned request of the party or on its own initiative, takes measures to collect and examine the case materials, verify the validity of the arguments of the parties and the reliability of the evidence provided to the court, and also performs other actions aimed at achieving the objectives of civil proceedings.

5. The Court shall treat the parties equally and with respect.

President

Republic of Kazakhstan

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