Article 6. Legality of the Civil Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 6. Legality of the Civil Procedure Code of the Republic of Kazakhstan

1. When considering and resolving civil cases, the court must strictly comply with the requirements The Constitution of the Republic of Kazakhstan, the constitutional laws of the Republic of Kazakhstan, this Code, and other normative legal acts subject to the application of international treaties of the Republic of Kazakhstan.

2. Courts have no right to apply laws and other regulatory legal acts that infringe on the established principles. The Constitution defines the rights and freedoms of man and citizen. If the court considers that the law or other regulatory legal act to be applied infringes on the established According to the Constitution of the human and civil rights and freedoms, he is obliged to suspend the proceedings and apply to the Constitutional Court of the Republic of Kazakhstan with a motion declaring this act unconstitutional. Upon receipt by the court of the final decision of the Constitutional Court of the Republic of Kazakhstan, the proceedings in the case are resumed.

3. The court, having established, when considering and resolving a case, that an act of a state or other body does not comply with the law or that its publication exceeds its authority, applies the norms of the law.

4. In the absence of legal norms governing a disputed legal relationship, the court applies the legal norms governing similar relations, and in the absence of such norms, resolves the dispute based on the general principles and meaning of the legislation of the Republic of Kazakhstan.

5. If the law or the agreement of the parties to the dispute provides for the resolution of relevant issues by the court, the court is obliged to resolve these issues based on the criteria of fairness and reasonableness.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases