Article 46. The rights and obligations of persons involved in the case of the Civil Procedure Code of the Republic of Kazakhstan
1. Persons participating in the case have the right to get acquainted with the case materials, make extracts from them and make copies; file challenges; present evidence and participate in their study; ask questions to other persons participating in the case, witnesses, experts and specialists; file petitions, including on taking measures to ensure to file a claim, to provide evidence, to request additional evidence, to apply conciliation procedures; to give oral and written explanations to the court; to present their arguments on all issues arising during the trial; to object to petitions and arguments of other persons participating in the case; to participate in court debates; to get acquainted with the minutes of the court session and submit written comments on it; to appeal against decisions, rulings and court orders; to enjoy other procedural rights granted by the legislation of the Republic of Kazakhstan on civil proceedings. They must exercise all their procedural rights in good faith, without abusing the rights of others, without violating their interests, and without intentionally delaying the consideration and resolution of the case.
Participation in the case may be ensured using technical means of communication in the cases and in accordance with the procedure established by this Code.
1-1. Persons participating in the case who have hearing and/or vision disabilities, with complete loss of speech, have the right to use the rights specified in part one of this article with the help of an interpreter, as well as using sign language and typhlotechnical means.
2. The persons participating in the case are obliged to declare to the court the actual circumstances of the case fully and truthfully, to speak out or submit to the court written documents refuting the facts claimed by the other party. Failure of the persons participating in the case to fulfill their procedural duties entails the occurrence of procedural consequences provided for by this Code.
3. The parties involved in a corporate dispute have the right to request documents relevant to the case from each other and from witnesses, without specifying each specific document.
The parties may not request from each other or from witnesses documents containing State secrets or other legally protected secrets.
4. The actions specified in parts one and two of this article may be performed by submitting applications and petitions, documents in writing or in the form of an electronic document.
President
Republic of Kazakhstan
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