Article 159. Replacement of a measure to secure a claim of the Civil Procedure Code of the Republic of Kazakhstan
1. At the request of the person participating in the case, the parties to the arbitration proceedings may replace one measure of securing the claim with another.
2. The persons participating 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 the replacement of the security measure of the claim within five working days from the date of its receipt by the court.
The court has the right to consider an application for a replacement of the security measure of the claim without summoning the persons involved in the case, or to appoint a court session. 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.
3. The judge issues a ruling on the replacement of one measure of securing a claim by another.
If the application is refused, the court shall indicate in the ruling the reasons why it is impossible to replace the previously chosen measure of securing the claim.
4. The defendant has the right, instead of the measures taken by the court to secure the claim, to deposit an amount equal to the price of the claim to the deposit of the territorial subdivision of the authorized state body in the field of judicial administration.
President
Republic of Kazakhstan
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