Article 444. Decisions taken based on the results of preliminary consideration of the petition of the Civil Procedure Code of the Republic of Kazakhstan - Excluded by the Law of the Republic of Kazakhstan.
1. Based on the results of the preliminary consideration of the petition, the judge issues a resolution.:
1) on the transfer of a petition with a case for consideration at a court session of the cassation instance, if there are grounds for reviewing judicial acts;
2) refusal to transfer the petition for consideration at a court session of the cassation instance in the absence of grounds for reviewing judicial acts;
3) to return the petition on the grounds specified in subitems 3), 4) and 5) of the first part of Article 442 of this Code.
2. The resolution must specify:
1) date and place of pronouncement;
2) the surname and initials of the judge who reviewed the petition;
3) the case in which a ruling has been issued indicating the judicial act for which a petition has been filed.;
4) last name, first name, patronymic (if it is indicated in the identity document) or the name of the person who submitted the application;
5) the arguments given in the petition;
6) the motives of the adopted procedural decision;
7) conclusions based on the results of consideration of the petition.
3. If there are grounds for reviewing judicial acts, the resolution, the petition and the documents attached to it, together with the case, are transferred to the court of cassation instance no later than five working days from the date of preliminary consideration.
4. A copy of the resolution issued based on the results of the preliminary examination of the petition shall be sent to the person who submitted the petition. If the application is returned, the documents attached to it must be returned.
President
Republic of Kazakhstan
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