Article 429. The procedure and time limits for appealing, bringing a petition by the prosecutor to the rulings (resolutions) of the court of first instance of the Civil Procedure Code of the Republic of Kazakhstan

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Article 429. The procedure and time limits for appealing, bringing a petition by the prosecutor to the rulings (resolutions) of the court of first instance of the Civil Procedure Code of the Republic of Kazakhstan

1. A private complaint may be filed against the ruling of the court of first instance in the cases provided for by this Code, as well as in cases where the court ruling blocks the possibility of further movement of the case, or a petition may be filed by the persons specified in Article 401 of this Code. Persons who are not involved in the case may also appeal against the court ruling if the ruling concerns their rights and interests.

A private complaint or a prosecutor's petition is filed within ten working days from the date of making the final ruling.

2. No private complaint or prosecutor's motion is filed against the remaining rulings of the court of first instance, including those made on the spot and recorded in the minutes of the court session, but objections may be included in the appeal or prosecutor's motion.

3. If a private complaint is filed or a motion is filed by the prosecutor against a ruling issued during the trial, which ended with a decision, the case is sent to a higher court only after the expiration of the time limit set for appealing the decision. At the same time, if an appeal is filed against a court decision, an appeal petition is brought by the prosecutor, the verification of a private complaint or prosecutor's petition is carried out by the court that examines the case on appeal. In this case, the appellate instance considers a private complaint, a motion by the prosecutor in a collegial composition, together with the appeal and (or) the prosecutor's motion against the court decision.

4. A private complaint or a prosecutor's petition shall be submitted to the court that issued this ruling, accompanied by copies of documents on the number of persons participating in the case, which the judge sends or hands over to them. After receiving a private complaint or a prosecutor's petition, the judge sends the civil case or materials to the court of appeal.

5. A private complaint or a prosecutor's petition shall be accepted and considered in accordance with the procedure established by this chapter for accepting and considering appeals and petitions of the prosecutor.

In accordance with the procedure provided for in Article 414 of this Code, the court of appeal shall notify the persons participating in the case of the time and place of consideration of a private complaint or a prosecutor's petition. The non-appearance of the persons participating in the case at the court session of the court of appeal does not prevent their consideration.

6. Based on the results of consideration of a private complaint, a prosecutor's petition, the court of appeal issues a ruling on:

1) leaving the court ruling unchanged, and the private complaint, the prosecutor's petition without satisfaction;

2) the annulment of the court ruling in whole or in part and the transfer of the issue for reconsideration to the court of first instance;

3) cancellation of the court ruling in whole or in part and resolution of the issue on the merits;

4) changing the definition.

7. Rulings of the court of appeal issued on a private complaint or at the request of the prosecutor on the return of claims, securing the claim, jurisdiction, correction of descriptions and obvious arithmetic errors, clarification of the decision, suspension of proceedings, abandonment of claims without consideration, are not subject to appeal and protest. In the cases established by this Code, rulings of the court of appeal that block the possibility of further progress of the case may be appealed and protested.

President

Republic of Kazakhstan

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