Article 27. Jurisdiction of civil cases to specialized courts, specialized court structures of the Civil Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 27. Jurisdiction of civil cases to specialized courts, specialized court structures of the Civil Procedure Code of the Republic of Kazakhstan

1. Specialized inter-district economic courts shall consider and resolve civil cases on property and non-property disputes, the parties to which are individuals engaged in individual entrepreneurial activity without forming a legal entity, legal entities, as well as corporate disputes, with the exception of cases the jurisdiction of which is determined by law to another court.

Corporate disputes include disputes to which a commercial organization, an association (union) of commercial organizations, an association (union) of commercial organizations and (or) individual entrepreneurs, a non-profit organization with the status of a self-regulating organization in accordance with the laws of the Republic of Kazakhstan, and (or) its shareholders (participants, members), including including former (hereinafter referred to as corporate disputes) related to:

1) creation, reorganization and liquidation of a legal entity;

2) ownership of shares of joint-stock companies, shares in the authorized capital of business partnerships, shares of cooperative members, the establishment of their encumbrances and the exercise of their rights, including the recognition of transactions with them as invalid, with the exception of disputes arising in connection with the division of hereditary property or the division of common property of spouses, including shares of joint-stock companies. companies, shares of participation in the authorized capital of business partnerships, shares of cooperative members;

3) claims for damages caused to a legal entity by the actions (inaction) of officials, founders, shareholders, participants (hereinafter referred to as the participants of the legal entity) and other persons;

4) invalidation of transactions and (or) application of the consequences of the invalidity of such transactions;

5) appointment or election, termination, suspension of powers and responsibility of persons who are or were part of the governing bodies of a legal entity, as well as disputes arising from civil law relations between such persons and a legal entity in connection with the exercise, termination, suspension of their powers;

6) by issuing securities;

7) maintaining a system of registers of securities holders, taking into account the rights to shares and other securities, as well as disputes related to the placement and (or) circulation of securities;

8) invalidation of the state registration of the issue of shares;

9) by convening and holding a general meeting of the participants of the legal entity and the decisions taken at it;

10) challenging decisions, actions (inaction) of the governing bodies of a legal entity.

1-1. Specialized inter-district economic courts also consider cases of debt restructuring, rehabilitation and bankruptcy of individual entrepreneurs and legal entities, as well as their liquidation without initiating bankruptcy proceedings.

1-2. The Specialized Interdistrict Economic Court of the capital considers civil cases on investment disputes, except for cases within the jurisdiction of the specialized interdistrict administrative Court of the capital, as well as claims of state bodies against investors related to the investor's investment activities, with the participation of:

1) a foreign legal entity (its branch, representative office) engaged in business activities in the territory of the Republic of Kazakhstan;

2) a legal entity established with foreign participation in accordance with the procedure established by the legislation of the Republic of Kazakhstan, fifty or more percent of the voting shares (participation shares in the authorized capital) of which belong to a foreign investor;

3) investors in the presence of a concluded contract with the state for the implementation of investments.

2. Military courts consider civil cases if one of the parties is a serviceman, military administration bodies, or a military unit, with the exception of cases under the jurisdiction of other specialized courts.

3. Specialized inter-district juvenile courts shall consider and resolve civil cases on disputes concerning the dissolution of marriage between spouses with common minor children, the division of property (if there are minor children), and the determination of the child's place of residence, including when the child leaves the republic with one of his parents for permanent residence; determination of the order of communication of a parent, close relatives with a child living separately from them; taking away a child from other persons, not on the basis of the law; on the deprivation (restriction) and restoration (lifting of restrictions) of parental rights; on the adoption of a child and its cancellation, recognition of the adoption as invalid; on sending minors to special educational organizations or educational organizations with a special regime of detention; on disputes arising from custody and guardianship (patronage) over minors; on establishing paternity and collecting alimony; on applications for the restriction or deprivation of a minor between the ages of fourteen and eighteen of the right to independently manage their income; on declaring a minor fully capable (emancipation); on changing the amount of alimony, on exemption from alimony payments, on payment of arrears on alimony payments levied for the maintenance of minor children; on the protection of labor, inheritance, housing rights minors; on the return of a child illegally transferred to the Republic of Kazakhstan or held in the Republic of Kazakhstan, or on the exercise of access rights to such a child on the basis of an international treaty ratified by the Republic of Kazakhstan; on compensation for damage caused jointly by minors and adults, including with the participation of legally incompetent or disabled adults.

Specialized inter-district juvenile courts consider and resolve civil cases on disputes affecting the rights and legitimate interests of minors.

At the request of the legal representatives of a minor, cases within the jurisdiction of a specialized interdistrict juvenile court may be considered or may be transferred to the district (city) court at the child's place of residence, with the exception of cases within the jurisdiction of district (city) courts located within the capital and cities of republican significance, regional centers. The petition may be filed before the completion of the preparation of the case for trial.

4. Excluded by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 351-VI (effective from 07/01/2021).

5. Other disputes arising from legal relations involving an investor that are not related to investment activities, as well as disputes involving an investor that are subject to simplified proceedings, are subject to the jurisdiction of district (city) and equivalent courts in accordance with the jurisdiction established by Chapter 3 of this Code.

The footnote. Article 27 as amended by the Laws of the Republic of Kazakhstan dated 11.07.2017 No. 91-VI (effective after ten calendar days after the date of its first official publication); dated 28.12.2018 No. 210-VI (effective after ten calendar days after the date of its first official publication); dated 27.12.2019 No. 290-VI (effective upon the expiration of ten calendar days after the date of its first official publication); dated December 27, 2019 No. 291-VI (effective upon the expiration of ten calendar days after the date of its first official publication); dated 06/29/2020 No. 351-VI (effective from 07/01/2021); dated 03/20/2021 No. 20-VII (effective from 07/01/2021); dated 11/5/2022 No. 157-VII (effective after ten calendar days after the date of its first official publication); dated 03/27/2023 No. 216-VII (effective effective from 09/01/2023).

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