Article 53. Procedural succession of the Civil Procedure Code of the Republic of Kazakhstan
1. In the event of the departure of one of the parties in a disputed or court-ordered legal relationship (death of a person, reorganization, liquidation of a legal entity, assignment of a claim, transfer of debt, and other cases of a change of persons in a disputed substantive relationship) the court allows the replacement of this party by its legal successor. Succession is possible at any stage of the process.
2. All actions performed prior to the legal successor's entry into the process are binding on him to the extent that they would be binding on the person whom the legal successor replaced.
3. In case of withdrawal of one of the parties during the consideration of the case in the courts of the first and appellate instances, the proceedings on the case are suspended in accordance with subparagraph 1) of the first part of Article 272 of this Code.
4. If one of the parties leaves at the stage of reviewing judicial acts in the court of cassation instance, the petition for review of judicial acts of the retired party and other persons participating in the case is left without consideration. The cassation appeal may be re-filed by the legal successor.
A protest is subject to dismissal if it is brought at the request of the eliminated party or another person participating in the case, except in cases of protest at the initiative of the prosecutor.
5. The cassation appeal of the legal successor, the prosecutor for the restoration of the time limit for appealing, protesting judicial acts are considered by the court of cassation instance in the manner prescribed by this Code.
President
Republic of Kazakhstan
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