Article 248. Consideration of an application for reversal of the execution of a court decision of the Civil Procedure Code of the Republic of Kazakhstan
1. The court, which has rendered a new decision in a case in which the previously rendered decision has been fully or partially executed, shall consider and resolve the defendant's application for a reversal of execution in the new decision upon presentation of evidence on the execution of the decision.
2. If the court, at a new hearing of the case, did not resolve the issue of reversing the execution of the cancelled decision, the defendant has the right to apply to the court of first instance with a request to reverse the execution of the decision.
3. The court shall consider the application for the reversal of the execution of the decision within ten working days from the date of its receipt by the court. The application is considered in a separate court session with notification of the plaintiff and the defendant, and, if necessary, the judicial authority, which must provide the court with information on the execution of the cancelled court decision.
The failure of these persons to appear at the court session is not an obstacle to the resolution of the application for the reversal of execution. In the event that a court decision is being executed, the bailiff in charge of the relevant enforcement proceedings is obliged to appear at the court session and provide it to the court.
4. A private complaint may be filed against the ruling of the court of first instance on the reversal of the execution of the decision, and a petition may be brought by the prosecutor to the court of appeal, whose decision is final.
President
Republic of Kazakhstan
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