Comments on article 195. Court resolution of petitions of persons participating in the case of the Civil Procedure Code of the Republic of Kazakhstan
Petitions of the persons participating in the case and representatives on issues related to the proceedings of the case are resolved after hearing the opinions of the persons participating in the case, as indicated in the minutes of the court session. In the cases established by this Code, a court ruling is issued.
Along with other rights provided for in Article 46 of the CPC, the persons participating in the case, and therefore their representatives, have the right to file petitions for the performance of procedural actions necessary, in the applicant's opinion, for the proper consideration and resolution of the case.It should be noted that the petitions of the parties and other persons involved in the case are one of the main forms of exercising their civil rights. The peculiarity of legal proceedings, based to a significant extent on the dispositivity and competitiveness of the parties, requires the active exercise by the persons involved in the case, primarily by the parties, of their procedural rights.Petitions may be filed to dismiss the judge, prosecutor, and other participants in the process, to assist the court in collecting evidence, securing evidence, appointing, if necessary, an expert examination, suspending proceedings, or terminating proceedings., leaving the application without consideration, etc .During the consideration of the case, various statements may be made, mainly of an informational nature, about the reasons for non-attendance at the court session, about the absence of additional evidence if the court invited the parties and other persons involved in the case to present them, etc.Petitions and applications can be made both orally and in writing. In our opinion, the content of oral petitions should be reflected in the minutes of the court session. With regard to written petitions, it will only be sufficient to indicate the application of a specific written petition and its presence in the case file.The opinion of the persons involved in the case and the opinion of the prosecutor are heard on the validity of the petitions and their relation to the case under consideration. Within the meaning of the norms of the commented article, petitions are resolved by the court immediately after their application in the preparatory part of the court session. Petitions that were submitted earlier and submitted to the court in writing must also be considered.Depending on the content and nature of the application or petition, the court issues a ruling, which is recorded in the minutes of the court session.The issuance of a ruling entered into the minutes of the court session is the main form of making a procedural decision on the petitions filed. If necessary, when this is provided for by the norms of civil procedural legislation, the court may issue a written ruling based on the results of consideration of the petition of the person participating in the case.The court's refusal to grant the petition does not deprive the person involved in the case of the right to file it again, depending on the course of the trial. The court has the right, upon a new petition or on its own initiative (in case of a change in circumstances during further consideration of the case), to review the previously issued ruling.
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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