Comments on article 149. Documents attached to the statement of claim of the Civil Procedure Code of the Republic of Kazakhstan

1. The following documents are attached to the statement of claim::

1) a document confirming the sending of copies of the statement of claim and the documents attached to it to the defendant or his representative, to third parties;

2) a document confirming the payment of the state fee;

3) a power of attorney or other document certifying the representative's authority;

4) documents confirming the circumstances on which the plaintiff bases his claims;

5) documents confirming compliance with the pre-trial dispute settlement procedure, if this procedure is established by law or provided for by an agreement.;

6) the plaintiff's request for evidence, if the evidence is in the possession of the defendant or a third party;

7) copies of the charter, certificate or certificate of state registration (re-registration), if the claim is filed by a legal entity.

2. The statement of claim filed in the form of an electronic document shall be accompanied in electronic form by copies of the documents specified in the first part of this Article.

The commented article contains a list of documents as an appendix to the statement of claim.

1. Notarization of copies of the specified documents is not necessary. Their compliance with the original can be verified in court and, as a rule, certified by a judge.

1) A document confirming the sending of a copy of the statement of claim and the documents attached to it to the defendant or his representative, to third parties, shall be attached to the statement of claim. This document may be an envelope with a delivery notification, etc. a document confirming the sending or delivery of relevant documents to the defendant or his representative. In accordance with subparagraph 2) of Article 165 of the CPC, if the defendant or other persons involved in the case declare to the court that they have not received the documents attached to the statement of claim, despite evidence that they have been sent by the plaintiff, the court ensures that they are reviewed in court. If there is a request from these persons to provide them with copies of the documents, the court obliges the plaintiff to provide them.

2) In accordance with Article 535 of the Tax Code, the statement of claim must be paid with a state fee. The procedure for payment and the amount of the state duty, as well as the grounds for exemption from payment, are determined by the Tax Code. Plaintiffs do not pay the state fee if they are classified as persons exempt from paying it by the Tax Code. It is advisable to indicate this in the statement of claim. In accordance with part three of Article 106 of the CPC, in cases of consumer protection claims filed by a citizen, the court defers payment of the state fee until an appropriate decision is made, which it issues a ruling on. This should be indicated in the statement of claim or in the petition filed at the same time as the statement of claim for postponement of payment of the state fee. Accordingly, such a statement of claim is subject to acceptance by the court. Payment of the state fee to the budget must be confirmed by payment or cash documents, and when payments are made via ATMs, electronic terminals, remote communication channels and the electronic government payment gateway, they must be confirmed by checks and receipts on paper or in electronic form (see the commentary to Article 103 of the CPC).3) If the statement of claim is filed by a representative, the application must be accompanied by documents confirming his authority, drawn up in accordance with the requirements of Articles 60, 61 of the CPC.

4) The application should be accompanied by evidence confirming the circumstances on which the plaintiff bases his claims.

5) In cases where the pre-trial settlement of a dispute is mandatory, the statement of claim is not accepted for court proceedings without observing the appropriate procedure before applying to the court. The evidence of this has both a procedural significance related to the right to appeal to the court, and a general one, which may confirm certain circumstances in the case (see the commentary to Article 165 of the CPC).

6) If the plaintiff is unable to claim documents confirming the circumstances on which he bases his claims in the statement of claim or a separate petition attached to the application, the plaintiff may ask the court to claim the necessary documents and other evidence.

7) Copies of the statute, certificate or certificate of state registration (re-registration) are attached to the statement of claim if the claim is filed by a legal entity (organization).

2. The materials (documents and evidence) of the statement of claim filed in electronic form are also attached in electronic form.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

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