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Home / Codes / Article 160. Cancellation of a measure to secure a claim of the Civil Procedure Code of the Republic of Kazakhstan

Article 160. Cancellation of a measure to secure a claim of the Civil Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 160. Cancellation of a measure to secure a claim of the Civil Procedure Code of the Republic of Kazakhstan

     1. The enforcement of a claim may be revoked by the same court at the request of the person participating in the case, the parties to the arbitration proceedings, or on their own initiative.

     The issue of cancellation of the security measure for the claim is resolved by the judge no later than five working days with notification of the persons participating in the case about the time and place of consideration of the application, however, their non-appearance does not prevent consideration of the matter on its merits.

     2. In case of refusal of the claim, the measures taken to ensure the claim remain in force until the decision enters into force. The court, simultaneously with the entry into force of the decision, issues a ruling on the cancellation of the claim security. If the claim is satisfied, the measures taken to ensure it remain in effect until the execution of the court decision. A writ of execution on the cancellation of interim measures is not issued.

     2-1. In cases of termination of the proceedings, abandonment of the claim without consideration, as well as the return of the claim, the measures taken to secure the claim remain in effect until the court ruling enters into force.

     3. A court considering a case on the restructuring of a financial institution or an organization that is part of a banking conglomerate as a parent organization and is not a financial organization is obliged to cancel the provision of a claim against a financial institution or an organization that is part of a banking conglomerate as a parent organization and is not a financial organization, and (or) its property, by the court before the decision on the restructuring is made. -Excluded by the Law of the Republic of Kazakhstan dated January 16, 2026, No. 259-VIII SAM 

 

 

  

  

President    

Republic of Kazakhstan     

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