Article 8. Judicial protection of the rights, freedoms and legitimate interests of a person of the Civil Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 8. Judicial protection of the rights, freedoms and legitimate interests of a person of the Civil Procedure Code of the Republic of Kazakhstan

1. Everyone has the right, in accordance with the procedure established by this Code, to apply to the court for protection of violated or disputed rights, freedoms or legitimate interests.

2. State bodies, within the limits of their competence, citizens and legal entities, in accordance with the procedure established by this Code, have the right to apply to the court with an application for the protection of violated or disputed legitimate interests of other persons or an indefinite circle of persons.

The prosecutor has the right to file a claim with the court in order to carry out the duties assigned to him and to protect the rights of citizens and legal entities, public and state interests.

3. The jurisdiction provided for by law may not be changed by anyone without his consent.

4. The waiver of the right to appeal to the court is invalid if it contradicts the law or violates someone's rights, freedoms or legitimate interests.

5. A claim may be filed with the court in writing or in the form of an electronic document, taking into account the specifics provided for by this Code.

6. If a law establishes or a contract provides for a pre-trial dispute settlement procedure for a certain category of cases, an appeal to the court may be made after observing this procedure.

7. State bodies exercise the right to file a lawsuit with the court, affecting the rights and legitimate interests of investors included in the register of investors, after mandatory coordination with the prosecutor.

The approval procedure is determined by the Prosecutor General of the Republic of Kazakhstan.

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