Article 407. Return of appeals, petitions of the prosecutor of the Civil Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 407. Return of appeals, petitions of the prosecutor of the Civil Procedure Code of the Republic of Kazakhstan

1. The appeal and the prosecutor's petition are returned to the person who submitted them in the following cases::

1) failure to comply with the instructions of the judge in the ruling on leaving the complaint or the prosecutor's petition without motion within the prescribed period.;

2) requests from the person who filed the complaint, the prosecutor who brought the petition;

3) if the review period has expired and the complaint or the prosecutor's motion does not contain an application for reinstatement or refusal to reinstate it.;

4) if the complaint or the prosecutor's petition is filed by a person who does not have the right to file or sign them.

2. A ruling on the return of an appeal or a prosecutor's petition is issued by the court no later than five working days.:

1) in the case provided for in subparagraph 1) of the first part of this Article, – from the date of expiry of the time limit set by the court.;

2) in all other cases – from the date of receipt of the complaint, the prosecutor's petition.

A private complaint may be filed against the ruling on the return of an appeal or a prosecutor's motion, or a motion may be filed by the prosecutor.

President

Republic of Kazakhstan

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