Article 246. Postponement and installment of execution of a court decision, changing the method and procedure for its execution, approval of a settlement agreement or agreement on dispute settlement (conflict) in the mediation procedure of the Civil Procedure Code of the Republic of Kazakhstan
1. The court that issued the decision or court order in the case, as well as the court at the place of execution of the decision, may, at the request of the bailiff and (or) at the request of the parties to the enforcement proceedings, change the method or procedure for its execution, at the request of the parties to the enforcement proceedings, postpone or delay the execution of the court decision, if circumstances arise that make the commission executive actions are difficult or impossible.
2. At the request of the parties to the enforcement proceedings, the court has the right to approve a settlement agreement concluded between them or an agreement on the settlement of a dispute (conflict) through mediation.
3. The petition of the bailiff or the statement of the parties in the enforcement proceedings, as well as the settlement agreement or agreement concluded between them on the settlement of the dispute (conflict) by way of mediation, shall be considered at the court session. The persons participating in the case are notified of the time and place of the meeting, but their non-appearance is not an obstacle to the resolution of the petition or application.
The court shall consider an application, a petition for postponement and installment of the execution of a court decision, a change in the method and procedure for its execution, approval of a settlement agreement or an agreement on the settlement of a dispute (conflict) through mediation within ten working days from the date of receipt of the application to the court.
4. Private complaints may be filed against the court rulings specified in part three of this Article, and petitions may be filed by the prosecutor.:
on postponement or installment of execution of a court decision, on changing the method and procedure for its execution in accordance with the procedure established by part three of Article 238 of this Code;
on approval of a settlement agreement, an agreement on the settlement of a dispute (conflict) through mediation in accordance with part seven of Article 177 of this Code.
President
Republic of Kazakhstan
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