Article 35. Composition of the Court of the Civil Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 35. Composition of the Court of the Civil Procedure Code of the Republic of Kazakhstan

1. Civil cases in the court of first instance are considered and resolved by the judge alone, who acts on behalf of the court.

2. Excluded by the Law of the Republic of Kazakhstan dated 03/20/2021 No. 20-VII (effective from 07/01/2021).

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

3-1. Civil cases provided for in Article 27-1 of this Code shall be considered and resolved in a regional and equivalent court solely by a judge according to the rules of the court of first instance.

Civil cases provided for in Article 27-2 of this Code are considered and resolved in the court of cassation solely by a judge according to the rules of the court of first instance.

4. Cases in the court of appeal shall be considered by a collegial court consisting of an odd number (at least three) of judges of the regional and equivalent courts, one of whom is the presiding judge, or a single judge in accordance with Article 402 of this Code.

5. Cases in the court of cassation instance are considered by a collegial court consisting of an odd number (at least three) judges of the court of cassation, chaired by the chairman of the court or one of the judges on his behalf.

In cases of cancellation of judicial acts and referral of cases for new consideration by the Supreme Court of the Republic of Kazakhstan, the Court of Cassation considers cases by a collegial panel of an odd number (at least five) judges under the chairmanship of the Chairman of the court.

6. The review of cases in the Supreme Court of the Republic of Kazakhstan is carried out in a collegial composition in an odd number (not less than five) judges under the chairmanship of the Chairman of the Supreme Court of the Republic of Kazakhstan or one of the judges on his behalf.

7. The composition of the court for the consideration of a particular case is formed taking into account the workload and specialization of judges in a manner that excludes the influence on its formation of persons interested in the outcome of the trial, including using an automated digital system.

8. A case initiated by one judge or a court panel must be considered by the same judge or court panel.

Cases on disputes arising within the framework of the procedure for restoring solvency, the procedure for judicial bankruptcy of a citizen of the Republic of Kazakhstan, rehabilitation procedures and bankruptcy procedures for legal entities and individual entrepreneurs, including the recognition of transactions concluded by the debtor as invalid, on the return of the debtor's property, on the recovery of receivables from claims of a financial, rehabilitation or bankruptcy administrator, are considered by the same judge who made the decision on the application of the procedure for restoring solvency, judicial bankruptcy procedures of a citizen of the Republic of Kazakhstan, rehabilitation procedures and bankruptcy procedures of legal entities and individual entrepreneurs, with the exception of dispute cases, the jurisdiction of which is established by Article 31 of this Code.

9. Replacement of a judge or one of the judges is possible in the case of:

1) self-recusal or recusal of a judge declared and satisfied in accordance with the procedure established by this Code;

2) prolonged absence of the judge due to illness, vacation, study, being on a business trip;

3) if no agreement has been reached between the parties during mediation and there is no agreement between the parties to consider the case by the same judge.

10. The replacement of a judge is also carried out in cases of termination or suspension of his powers on the grounds established by law.

11. In case of replacement of the judge during the consideration of the case, the trial must be conducted from the very beginning. The commission of procedural actions in urgent cases, including the acceptance of a claim or statement and the initiation of proceedings, consideration of an application for securing a claim, postponement of court proceedings, by one judge instead of another judge in the order of interchangeability is not a substitute for a judge.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases