Article 177. Court approval of the settlement agreement of the Civil Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 177. Court approval of the settlement agreement of the Civil Procedure Code of the Republic of Kazakhstan

1. The petition of the parties for approval of the settlement agreement may be considered by the court in a court session. The persons participating in the case are notified of the time and place of the court session.

If the parties, duly notified of the time and place of the court session, fail to appear at the court session and there is no application for consideration of the petition without their participation, the petition for approval of the settlement agreement will not be considered by the court.

2. The court explains to the parties the legal consequences of concluding a settlement agreement before approving it.

3. Based on the results of the review, the court issues a ruling on the approval of the settlement agreement and the termination of the proceedings or the refusal to approve the settlement agreement.

4. The court does not approve a settlement agreement if it contradicts the law or violates the rights and legitimate interests of others. In case of refusal to approve the settlement agreement, the court issues a ruling on this, which is recorded in the minutes of the court session and is not subject to appeal or review at the request of the prosecutor. Arguments about disagreement with the definition may be indicated in the appeal, the prosecutor's petition.

5. The court's ruling on the approval of the settlement agreement indicates:

1) approval of the settlement agreement and termination of the proceedings;

2) the terms of the settlement agreement and the terms of its execution;

3) distribution of court costs in accordance with part four of Article 176 of this Code;

4) the return of the state fee paid to the plaintiff from the budget.

6. A settlement agreement concluded at the stage of execution of a judicial act shall be submitted for approval to the court of first instance at the place of execution of the judicial act or to the court that adopted the said judicial act.

7. A private complaint may be filed against the ruling on the approval of a settlement agreement, or a petition may be filed by the prosecutor with the court of appeal.

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Republic of Kazakhstan

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