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Article 66. Information inadmissible as evidence of the Civil Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 66. Information inadmissible as evidence of the Civil Procedure Code of the Republic of Kazakhstan

     1. Information about facts is recognized by the court as inadmissible as evidence if it was obtained in violation of the requirements of this Code by depriving or restricting the legally guaranteed rights of persons participating in the case who influenced or could have influenced the reliability of the information about the facts, including:

     1) using violence, threats, deception, as well as other illegal actions;

     2) using the misconception of the person participating in the case regarding his rights and obligations that arose as a result of their lack of explanation, incomplete or incorrect explanation to this person;

     3) in connection with the conduct of a procedural action by a person who does not have the right to conduct proceedings in this civil case;

     4) in connection with the participation in the procedural action of the person subject to recusal;

     5) with a significant violation of the procedure for the procedural action;

     6) from an unknown source or from a source that cannot be identified at a court hearing;

     7) using methods that contradict modern scientific knowledge in the course of proving;

     8) by special fabrication or modification of the content in order to substantiate or refute the arguments of the party or other persons participating in the case.

     2. The inadmissibility of using information as evidence in the proceedings is established at the discretion of the court or at the request of the persons participating in the case.

     3. Evidence obtained in violation of the law shall be deemed to have no legal force and cannot be used as the basis for a court decision, as well as used in proving any circumstance relevant to the case. Such evidence can be used to prove the fact of violations and the guilt of those who committed them.

     4. If the dispute (conflict) is not resolved through mediation, the evidence obtained by the judge during mediation in court may not be presented to the judge in charge of the case, unless the parties object to this.

 

  

 

President    

Republic of Kazakhstan     

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