Comments on article 210. Investigation of physical evidence of the Civil Procedure Code of the Republic of Kazakhstan
1. Material evidence shall be examined by the court and presented to the persons participating in the case, representatives, and, if necessary, experts, specialists, and witnesses. Persons who have been presented with material evidence may draw the court's attention to the circumstances related to the inspection, as indicated in the minutes of the court session.
2. The protocols of the inspection of physical evidence, drawn up in accordance with the procedure provided for in Articles 71, 75, 96, 97 and subparagraph 12) of Article 165 of this Code, shall be announced at a court hearing, after which the persons participating in the case, their representatives may give explanations.
1. As a general rule, physical evidence is examined by inspection at a court hearing. Depending on the nature of the claims filed, the inspection of physical evidence may pursue various goals. If we are talking about the vindication of an individually defined thing, then persons interested in examining the thing may pay attention to the distinctive features of the thing, some designations applied to the thing.When justifying the degree of wear and damage to a thing, when their establishment is related to the definition of the rights and obligations of the parties to the litigation under certain contracts (property lease, sale, etc.), the persons involved in the case will pay attention to other signs. For example, the change in the surface of the object, the degree of loss of value of the damaged object under investigation, presented as evidence in the case, will be established.The examination of physical evidence is carried out, as a rule, by its inspection by the court and the persons participating in the case. The persons participating in the case and their representatives may give explanations at the court session regarding the evidentiary value of the information obtained as a result of the inspection.If necessary, witnesses who are aware of the facts related to the loss of the value of the object being examined as evidence are involved in the inspection.If special knowledge is required when examining physical evidence, for example, on the issue of the degree of loss of value of a damaged item, an expert examination may be ordered by the court, taking into account the opinion of the persons involved in the case. The court may limit itself to presenting physical evidence to experts or specialists who can provide their explanations about the characteristics of the thing.
2. The protocols of the inspection of material evidence, drawn up in accordance with a court order, providing evidence of the inspection during the preparation of the case for trial in accordance with the provisions of Articles 71, 75, 96, 97 and subparagraph 12) of Article 165 of the CPC, must be announced at a court hearing. The persons participating in the case have the right to provide explanations regarding the information contained in the protocols of inspection of physical evidence, compiled based on the results of the procedural actions in accordance with the norms of the above articles.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
Comments on article Civil Procedure Code Civil Code Criminal Procedure Code Criminal Code Normative Resolution of the Supreme Court Criminal legislation Normative legal acts of the Republic of Kazakhstan
