Comments on article 247. Reversal of the execution of a court decision of the Civil Procedure Code of the Republic of Kazakhstan

1. In the event of cancellation of a judgment of the court of first instance that has entered into legal force, a decision of the court of appeal and cassation instances that has been fully or partially executed, and the court issues a new decision to dismiss the claim in whole or in part, the plaintiff shall be charged with everything he received under the canceled decision (reversal of the execution of the decision).

2. A reversal of the execution of a decision shall also be made in the event of the cancellation of the executed court decision in whole or in part and the issuance of a ruling on the termination of proceedings or a ruling on the dismissal of a claim.

1. In the event that a court decision is executed, and then it is overturned by a higher court (appellate, cassation) and, upon a new hearing of the case, the claim is denied (in whole or in part), or the case is terminated, or the claim is left without consideration, the execution of the decision is reversed. The reversal of the execution of the decision means the restoration of the rights and legitimate interests of the defendant, violated by the execution of the decision, which was subsequently canceled.In the legal literature, three conditions have been identified under which it is possible to reverse the execution of a decision: a court decision that has entered into force has been fully or partially executed; and a court decision that has been fully or partially executed has been canceled in accordance with the established procedure.; at the new hearing of the case, a new decision was made to dismiss the claim in whole or in part, or a court ruling was issued to terminate the proceedings in the case, or to dismiss the claim.If these signs occur, the plaintiff is obliged to return to the defendant all the money recovered from the defendant, all items previously owned by the defendant and transferred to the plaintiff during the execution of the requirements of the enforcement document, the cost of these items (if they have already been consumed by the plaintiff or have lost their useful properties).

2. The commented article does not exclude that a reversal of execution is possible in the event of a ruling on the termination of the proceedings or a ruling on the dismissal of the claim. The provision of this article also applies to the consideration of cases by the court of first instance on newly discovered circumstances.According to the executed court order, which was canceled, the reversal of execution is carried out by analogy with the court 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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