Comments on article 122. Calculation of procedural terms of the Civil Procedure Code of the Republic of Kazakhstan
1. The time limits for the performance of procedural actions are determined by an exact calendar date, an indication of an event that must inevitably occur, or a period of time that is calculated in years, months, or days. In the latter case, the action can be performed during the entire period.
2. The course of the procedural period determined by the period begins on the day following the calendar date or the occurrence of the event that determines its beginning.
1. The time limits for the performance of procedural actions are determined by: an exact calendar date; an indication of an event that must necessarily occur; a period of time that is calculated in years, months, or days.
A period determined by an exact calendar date means that a specific procedural action or a set of such actions must be performed at a precisely defined time. Thus, according to Article 173 of the CPC, the judge, having recognized the case as prepared, issues a ruling on its appointment to trial at a court hearing, notifies the parties and other participants in the process of the place and time of the case consideration. When adjourning the trial (Article 198 of the CPC), the court also indicates the day and time of the new court session in accordance with the requirements of Article 173 of the CPC. In some cases, the procedural time limits may be determined by indicating the event that is about to occur. For example, according to Article 274 of the CPC, the court suspends the proceedings until the legal successor of the retired person is determined or a guardian is appointed to the incapacitated person, until the party's stay in the Armed Forces of the Republic of Kazakhstan is terminated, until the party returns from a business trip, is discharged from a medical institution or the end of the disease, until an expert opinion is submitted to the court, until mediation and the participatory procedure are terminated. and so on.
2. The procedural time limits are calculated in years, months, days, and actions may be performed during this entire period. For example, a petition, a protest against rulings, decisions of the court of appeal may be filed within six months from the date of their entry into force (Article 403 of the CPC), three months are provided by law for applying to the court to challenge the decision, actions (or inaction) of state bodies, local governments, public associations., organizations, officials, civil servants, subject to judicial challenge (Article 294 of the CPC), A court order is issued by a judge within three days from the date of receipt of the application to the court (Article 139 of the CPC).The course of the procedural period, calculated in days, months, and years, begins on the day following the calendar date or the occurrence of the event that determines its beginning. For example, the decision of the appellate instance took place on September 29, 2015, and entered into force on the same day, therefore, the six-month period for filing a cassation petition begins on September 30, 2015. The term of consideration of the case in the court of first instance begins on the day following the date indicated in the ruling on its appointment to trial at the court session. When requirements are combined in one proceeding, of which a shortened period is established by law for some and a general two-month period for consideration and resolution for others, the case is subject to consideration within up to two months from the date of completion of the preparation of the case for trial, regardless of the fact that a shorter period is established for one of the requirements.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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
