Comments on article 166. Review of the statement of claim of the Civil Procedure Code of the Republic of Kazakhstan

1. The defendant submits to the court a response to the statement of claim, accompanied by documents that refute the arguments regarding the claim, as well as documents on sending copies of the response and accompanying documents to the plaintiff and other persons involved in the case.

2. The review shall be submitted within the time limit set by the court, which provides an opportunity to review it before the start of the court session.

3. Other persons participating in the case, whose interests are affected by the claim filed by the plaintiff, may also provide a response to the statement of claim.

4. The review indicates:1) the name of the plaintiff, his location or place of residence; 2) the name of the defendant, his location; if the defendant is a citizen, his place of residence is indicated; 3) arguments on the merits of the stated claims with reference to evidence substantiating them; 4) a list of documents attached to the recall. The review may contain phone numbers, fax numbers, e-mail addresses, and other information necessary for proper and timely consideration of the case.

5. Failure by the defendant to provide a response and evidence does not prevent the consideration of the case based on the evidence available in the case.

6. The review is signed by the respondent or his representative. A power of attorney or other document confirming his authority is attached to the review signed by the representative. The review submitted in the form of an electronic document is certified by the electronic digital signature of the respondent or his representative. The electronic copies of the documents specified in this article shall be attached to the review submitted in the form of an electronic document.

1. The preliminary actions of the parties are the exchange of written documents (the plaintiff sends the defendant a copy of the statement of claim with copies of the documents on which his claims are based, the defendant sends the plaintiff a copy of the withdrawal with copies of the documents on which his withdrawal is based). The defendant submits to the court a response to the statement of claim, accompanied by documents that refute the plaintiff's arguments on the claim, as well as documents on sending copies of the response and accompanying documents to the plaintiff and other persons involved in the case. It is possible that the review will not contain objections to the claim, or on the contrary, counterclaims may be filed, but they are expressed in a document called the review. When preparing a case for trial, the court should clarify the essence of the response from the defendant. If the response indicates the existence of a counterclaim, the judge explains to the defendant the procedure for its presentation. Such clarification will preclude the filing of a counterclaim in the last days of the deadline for preparing the case for trial or filing it during the trial.

2. The response shall be provided by the defendant within the time period established by the court, which provides an opportunity to review it before the start of the court session. If the plaintiff does not receive a response, for example due to a change of residence, etc., the review is provided by the court in court, in the same way as with the plaintiff's statement of claim, if the defendant or other persons involved in the case have not received it.

3. Other persons participating in the case, whose interests are affected by the claim filed by the plaintiff, may also provide a response to the statement of claim. At the stage of preparing the case for trial, all persons involved in the case should familiarize themselves with the review before considering the case in court. On the basis of the provided review, petitions may be filed to verify certain circumstances, which, depending on the validity, the court performs in order to ensure the completeness of the examination of evidence in the case and to establish circumstances relevant to the proper resolution of the case.

4. The defendant submits to the court a review drawn up in accordance with the commented norm. The requirements are virtually identical to the requirements for the statement of claim. The review may contain phone numbers, fax numbers, e-mail addresses, and other information necessary for proper and timely consideration of the case. It is possible that this data will relate to persons whom the defendant requests to be called as a witness, or persons or organizations from whom the defendant requests assistance in requesting assistance.

5. Failure by the defendant to provide a response and evidence does not preclude the consideration of the case based on the evidence available in the case. If the defendant is present at the court session, but has not provided the specified documents, the court finds out the reason for their failure to provide them at the stage of preparing the case for trial. Depending on what is established, the court evaluates the defendant's actions in accordance with the requirements of this chapter and Article 73 of the CPC. If the defendant is not personally present at the court session, the court may consider the case if there is evidence of proper notification of the defendant about the time and place of the trial, established by Chapter 11 of the CPC.6. The review is signed by the respondent or his representative. A power of attorney or other document confirming his authority in accordance with Article 60 of the CPC is attached to the recall signed by the representative, and the authority must be issued in accordance with Article 61 of the CPC. The review submitted in the form of an electronic document is certified by the electronic digital signature of the claimant or his representative. The electronic copies of the documents specified in this article shall be attached to the review submitted in the form of an electronic document. If the review is provided by a representative, then documents confirming his authority, drawn up in accordance with the requirements of Article 61 of the CPC, must be attached.

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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