Article 76. Grounds for exemption from evidence of the Civil Procedure Code of the Republic of Kazakhstan
1. Circumstances recognized by the court as generally known do not need to be proved.
Circumstances that are not included in the subject of evidence in a case due to their widespread popularity in a certain territory, including the court and the persons involved in the case, are generally recognized as well-known.
2. The circumstances established by a court decision or resolution that has entered into legal force in a previously considered civil case are binding on the court. Such circumstances are not proven again in other civil cases involving the same persons.
3. A court verdict that has entered into legal force in a criminal case, which recognizes the right to satisfy a claim, is mandatory for the court considering the case on the civil consequences of the acts of the person against whom the court verdict was passed. A court verdict that has entered into legal force is binding on the court considering such a civil case, also on the issues of whether these acts took place and whether they were committed by this person, as well as on other circumstances established by the verdict and their legal assessment.
4. The civil consequences of an act committed by a person released from criminal liability on the grounds provided for in paragraphs 3), 4), 9), 10), 11) and 12) parts one of Article 35 and Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan, are not proved again when filing a claim in a civil case. legal proceedings.
5. The guilt of a person in committing an administrative offense, established by a court decision that has entered into legal force in the case of an administrative offense, is not proved again when considering the case on the civil consequences of the same offense committed by that person.
6. Facts that are assumed to be established by law are not proved during the civil proceedings.
7. Circumstances are also considered to be established without evidence, unless otherwise proven through due process of law.:
1) the correctness of research methods generally accepted in modern science, technology, art, and craft;
2) knowledge of the law by a person;
3) the person's knowledge of their official and professional duties;
4) the absence of special training or education from a person who has not submitted a document confirming their availability and has not indicated the educational institution or other institution where they received special training or education.
8. The illegality of an administrative act, established by a court decision in an administrative case that has entered into legal force, is not proved again when considering the case on the civil consequences of the illegality of this act.
President
Republic of Kazakhstan
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