Comments on Article 21. Obligation of judicial acts of the code of Civil Procedure of the Republic of Kazakhstan

1.the court of first instance shall adopt judicial acts in civil cases in the form of orders, decisions, rulings, court decisions.Courts of appellate and Cassation instances adopt judicial acts in the form of rulings and resolutions.2. Judicial acts that have entered into legal force, as well as orders, requirements, instructions, calls, requests and other appeals of courts and judges in the administration of justice, are mandatory for all state bodies, local self-government bodies, legal entities, officials, citizens and must be executed throughout the territory of the Republic of Kazakhstan.Judicial acts based on a law or other normative legal Act recognized as unconstitutional by the Constitutional Council of the Republic of Kazakhstan are not subject to execution.3. Failure to comply with judicial acts, as well as other manifestations of contempt of court, entails liability provided for by law.4.the obligation of a judicial act does not deprive interested persons who are not involved in the case of the opportunity to apply to the court for the protection of violated or disputed rights, freedoms and legitimate interests.1.when resolving civil cases, the court makes decisions of the authorities in various forms, namely: in the form of decisions, rulings, resolutions and orders. The decisions mentioned in the commented article are combined into a single concept of "judicial acts".In accordance with article 223 of the code of criminal procedure, a judicial act of the court of First Instance, on the merits of which the case is resolved, is issued in the form of a decision. A judicial act in the form of a decision is the final stage of the discussion of a civil case at a court session, which is issued for all types of civil proceedings (claim, special claim and special proceedings). It is not allowed to include in the court decision conclusions on the same part of the claim requirements that are not considered on the merits. The conclusions of the court on such requirements must be recorded in the form of a ruling separately from the court decision.When considering a case in a simplified (written) procedural order, a brief decision is issued, consisting of an introductory, reasoned and resolution part. Prior to the entry into force of the decision, at the written request of the declared parties or at the discretion of the court, a reasoned decision is made, consisting of introductory, descriptive, motivational and parts of the resolution.A court order is issued on indisputable requirements, the full list of which is contained in Article 135 of the code of criminal procedure. 

A judicial act in the form of a court ruling is issued when the case is not resolved on its merits (on neglect, termination of proceedings, return of the statement of Claim, etc.). In cases provided for by some industry laws, courts issue rulings on specific issues of certain categories of casesthe judicial act in the form of a court ruling is issued when the case is not resolved on its merits (on neglect, termination of proceedings, return of the statement of Claim, etc.). In cases stipulated by some industry laws, courts issue rulings on specific issues of certain categories of cases. Thus, a decision on the appointment of a temporary administrator when conducting a rehabilitation procedure, on the cancellation of a court decision on the recognition of the debtor as bankrupt and its liquidation with the initiation of a bankruptcy procedure, and in the form of another court ruling, thus, a decision on the appointment of a temporary administrator when conducting a rehabilitation procedure, on the recognition of the debt as bankrupt and the cancellation of a court decision on its liquidation with the initiation of a bankruptcy procedure andJudicial acts in the form of a resolution are adopted mainly when considering cases in appeal and Cassation (425 of the code of Criminal Procedure, Articles 444, 451), and in administrative cases in the court of First Instance.All judicial acts must be recorded by the judge in writing in the deliberation room. An exception to this rule is the so-called" protocol " rulings, which are accepted on the spot by the court on ordinary issues without being released to the deliberation room. For example, when interrogating additional witnesses, discussing a request to include any written documents in the case materials. Such a decision is entered in the minutes of the court session.Judicial acts enter into legal force only after they enter into legal force. The terms of entry into legal force of judicial acts are regulated by the relevant norms of the code of Criminal Procedure (articles 141, 240, 429, 431, 453, 463 "I'm sorry," he said.2. This provision of the law, in addition to court decisions that have entered into legal force, rulings, rulings and orders that have entered into legal force, stipulates the obligation and other legal orders, requirements, instructions, summons and other appeals of courts and judges.Article 1 of the constitutional law" on the judicial system and status of judges of the Republic of Kazakhstan " defines judicial acts and requirements of judges in the exercise of their powers by all state bodies and their officials, it is established that individuals and legal entities are obliged to perform.Among such legal orders are:-an order to maintain proper order at a court session (part three of Article 185 of the civil code);-a request to obtain evidence at the request of one of the parties or other persons participating in the case, a request to obtain evidence from officials or other persons (Article 63 of the civil code); - instructions - a court considering the case in accordance with Article 74 of the civil code. if it is necessary to collect evidence in another city or district, it instructs the relevant court to carry out certain procedural actions, in particular, to interrogate a witness, hand over a copy of the statement, receive explanations, etc.; - summons - judicial notification provided for in Chapter 11 of the criminal code, along with judicial notifications provided for in Chapter 11 of the criminal code, usually persons participating in the case, their representatives, as well as witnesses, experts, specialists and translators are invited to the court with summons.  If necessary, the legislator does not exclude the possibility of inviting these persons by registered mail with a notification of delivery, telephone or Telegram, as well as using other means of communication that provide for the registration of a notification or invitation (Article 127 of the code of criminal procedure).The decision taken by the court may violate the rights, freedoms and legally protected interests of persons not participating in the case. In this case, they can go to court to protect the rights violated by filing a claim on their own. In addition, subparagraph 4) of part four of Article 427 of the Civil Code provides that if the court decides on the rights and obligations of persons not involved in the case, the decision of the court of first instance, regardless of the arguments of the complaint, protest, is subject to cancellation. Judicial acts affecting the interests of persons who are not parties to the case may be reviewed in Cassation (part one of Article 434 of the code of criminal procedure). The choice, in his opinion, remains with the person whose rights are violated.3, 4. judicial acts that have entered into legal force are subject to strict execution throughout the territory of the Republic of Kazakhstan. Failure to comply entails liability established by law. Decisions of Arbitration are subject to compulsory execution in cases stipulated by law when it is not executed in a voluntary manner. On the grounds specified in Article 255 of the criminal code, the court may refuse to enforce the arbitration decision on the grounds specified in Article 255 of the criminal code.For non-execution of judicial acts that have entered into legal force, administrative and criminal liability is established.According to Article 669 of the administrative code, liability arises if evasion of execution does not include signs of a criminally punishable act. In accordance with article 430 of the criminal code, criminal liability arises for non-execution of a court sentence, court decision or other judicial act or executive document that has entered into legal force.In addition, the legislator also established other responsibilities. For the forced execution of a judicial act that has entered into legal force, it is envisaged to collect an enforcement sanction in the amount of 10% of the amount collected on state revenue (Article 124 of the law"on enforcement proceedings and the status of bailiffs"), and the recoverer has the right to apply to the court with a request to index the amounts issued (Article 239 of the code of criminal procedure).Administrative responsibility is provided for contempt of court. Further consideration of the case as disrespect for the court under the disposition of Article 653 of the administrative code in the absence of them further consideration of the case as disrespect for the court under the disposition of Article 653 of the administrative code in the absence of them, if it is impossible for the court to appear in court by invitation, notification, notification or invitation of the participants in the, also, the disobedience of the order of the presiding judge at the court session clearly testifies to the conduct in the premises of the court and other actions (inaction), disrespect for the court and the rules established in court.When establishing the fact of disrespect for the court during the trial, the court shall, in accordance with the procedure provided for in part five of Article 188 of the code of Criminal Procedure, notify the administration of

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016.

UDC 347 (574)  

To 63.

ISBN 978-601-236-042-4

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