Comments on Article 171. Recognition of the claim by the defendant of the Civil Procedure Code of the Republic of Kazakhstan
1. The defendant has the right to recognize the claim in whole or in part when preparing the case for trial or before the court is removed to the conference room by submitting a written application to the courts of first and appellate instances.
2. The recognition of the claim by the defendant shall release the court from the obligation to examine evidence. If the claim is recognized in part, the examination of evidence is carried out only in the part in which the claim is not recognized by the defendant.
3. Before accepting the recognition of the claim, the court explains to the plaintiff, the defendant or the parties the consequences of the relevant procedural actions.
4. The acceptance of the defendant's recognition of the claim in whole or in part, or the non-acceptance of such recognition on the grounds provided for in the second part of Article 48 of this Code, shall be indicated in the court decision or resolution.1. The rules for an application for recognition of a claim or acceptance by a court of recognition of a claim are similar to the rules established for applications for rejection of a claim (see commentary to Article 170 of the CPC). The defendant has the right to recognize the claim in whole or in part when preparing the case for trial or before the court is removed to the conference room by submitting a written application to the courts of first and appellate instances.
2. If the claim is recognized as a defendant in full, the court has the right to hold a preliminary court hearing and decide to satisfy the claim, completing the preparation of the case for trial, if the recognition of the claim meets the requirements of Article 171 of the CPC. If the court accepts the recognition of the claim, there is no need to verify and examine the evidence and appoint a trial.In case of recognition of the claim in part, a decision is made as a whole on all the claims submitted after the trial and acceptance of the recognition of the claim by the court. The examination of evidence is carried out only in the part in which the claim is not recognized by the defendant. When recognizing a claim in part, it is not possible to make a decision in a preliminary court hearing due to the need to study the arguments of the parties and evidence, and therefore it is necessary to assign the case to trial.
3. Within the same case, the court may consider both the plaintiff's claims and the defendant's claims if they have filed a counterclaim and each of the parties, acting as a defendant independently, may recognize the claim in whole or in part. Depending on this, the court shall explain to the plaintiff, the defendant or the parties the legal consequences of recognizing the claim provided for in part two of this article before accepting the recognition of the claim.
4. The acceptance of the recognition of the claim by the defendant in whole or in part, or the non-acceptance of such recognition on the grounds provided for in the second part of Article 48 of the CPC, is indicated in the court decision or resolution. A separate ruling on this issue is not being made. The plaintiff, the defendant, or both parties may indicate objections to the non-acceptance of the claim by the court in their complaints against the court's decision.
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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