Comments on article 37. Inadmissibility of repeated participation of a judge in the consideration and resolution of a case of the Civil Procedure Code of the Republic of Kazakhstan

1. A judge who participated in the consideration and resolution of a civil case in a court of first instance may not participate in the consideration of this case again in a court of first instance, as well as in courts of appeal and cassation instances, as well as participate in a new hearing of the case in case of cancellation of a decision taken with his participation.

2. A judge who participated in the consideration of a case in a court of appeal may not participate in the consideration of this case in the courts of the first and cassation instances, as well as participate in a new hearing of the case in the court of appeal in the event of the cancellation of a judicial act adopted with his participation.

3. A judge who participated in the consideration of a case in a court of cassation instance may not participate in the consideration of the same case in the courts of the first and appellate instances, as well as participate in a new consideration of the case in the court of cassation instance in the event of the cancellation of a judicial act adopted with his participation.

1. The inadmissibility of repeated participation of a judge in the consideration of the same case in courts of higher and lower instances is an important guarantee of the impartiality of judges.

These restrictions should not apply to the review procedure for newly discovered or new circumstances, regulated by the norms of Article 476 of the CPC and the procedure for reviewing an absentee decision in accordance with Article 263 of the CPC, as well as decisions in a case considered in a simplified (written) procedure in accordance with Article 147 of the CPC.

2. A judge of the appellate instance may not participate in a new hearing of the case in this court in the event of the cancellation of a judicial act adopted with his participation.

3. The commented article does not prohibit a judge from re-participating in the consideration of the case in the court of cassation instance.

The judge who participated in the consideration of the case in the court of cassation, who made the decision to transfer the case for a new hearing to the court of appeal, may again participate in the consideration of the case in the court of cassation, if a complaint has been filed or a protest has been filed against a new decision in the case.

The main requirement for the recusal of a judge of the appellate and cassation instances is that the decision made with his participation was overturned.

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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