Article 409. Rejection of appeals, petitions of the prosecutor and their withdrawal of the Civil Procedure Code of the Republic of Kazakhstan
The footnote. Title of Article 409 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 No. 91-VI (effective ten calendar days after the date of its first official publication).
1. A person who has filed an appeal, including a prosecutor who has filed an appeal as a party to the case, has the right to withdraw it before the court of appeal makes a decision or to withdraw it in the court of first instance when the judge performs the actions provided for in Article 405 of this Code.
The prosecutor has the right to withdraw a request for a court decision before the court of appeal issues a ruling.
A waiver of an appeal, withdrawal of a complaint, or a prosecutor's petition are filed by submitting a written application to the court of first instance or the court of appeal.
2. The court of appeal issues a ruling on the termination of the appeal proceedings if the decision has not been appealed by other persons and a higher prosecutor has not filed a petition. The ruling cannot be appealed or reviewed at the request of the prosecutor. It is not allowed to file a complaint again, and if a complaint is filed, it is returned.
3. In case of withdrawal of the complaint, the prosecutor's petition, the court issues a ruling on the return, which is not subject to appeal and protest. A complaint or a prosecutor's petition may be filed repeatedly within the time limits established by part three of Article 403 of this Code.
3-1. The court (judge) of the appellate instance, if there are grounds provided for in subparagraphs 2), 3) and 4) of the first part of Article 407 of this Code, issues a ruling on the return of the complaint, the prosecutor's petition.
This ruling is not subject to appeal, however, it does not prevent the repeated appeal or the prosecutor's petition to the court of first instance.
4. If an appeal is filed by other persons against the decision of the court of first instance, it is subject to consideration on its merits in accordance with the procedure established by this chapter.
President
Republic of Kazakhstan
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