Article 404. Contents of the appeal, petitions of the prosecutor of the Civil Procedure Code of the Republic of Kazakhstan
1. The appeal, the prosecutor's petition must contain:
1) the name of the court to which the appeal is addressed, the prosecutor's petition;
2) the name of the person filing the appeal, the motion of the prosecutor;
3) the decision being appealed or reviewed at the appeal request of the prosecutor and the name of the court that issued this decision;
4) an indication of the illegality or groundlessness of the court's decision, as a rule, with reference to the laws to be applied and the case materials.;
5) an indication of the part in which the legality of the decision being appealed or reviewed at the appeal request of the prosecutor should be checked and what changes the person filing the complaint requires at the request of the prosecutor.;
6) a list of documents attached to the complaint or the prosecutor's request;
7) the date of filing the complaint, the prosecutor's petition and the signature of the person filing the complaint, the prosecutor's petition. A power of attorney or other document certifying the representative's authority must be attached to the complaint signed by the representative, if there is no such document in the case.
When filing a complaint or bringing a prosecutor's petition in the form of electronic documents, they are certified by an electronic digital signature of the person submitting it or his representative. Electronic copies of the documents are attached to the complaint or the prosecutor's petition in the form of electronic documents.
2. An appeal or a prosecutor's petition may not contain claims that have not been submitted to the court of first instance.
A reference to new evidence that has not been submitted to the court of first instance is allowed if the complaint or the prosecutor's petition contain a justification for the impossibility of their submission to the court of first instance, including if the person was not involved in the case before the court of first instance, as well as if the court of first instance filed a petition for their investigation. and (or) a claim, but it was left without satisfaction.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the 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
