Comments on article 386. Suspension of execution of the judicial act on expulsion of the Civil Procedure Code of the Republic of Kazakhstan
The court's decision to expel a foreigner or a stateless person from the Republic of Kazakhstan in case of receipt of a complaint or protest before the time specified by the court, during which the foreigner or a stateless person must leave the territory of the Republic of Kazakhstan, is suspended until the complaint or protest is considered.A foreigner or a stateless person must leave the territory of the Republic of Kazakhstan within the period specified in the court decision on the expulsion of a foreigner or a stateless person from the Republic of Kazakhstan. According to article 28 of the Law "On the Legal Status of Foreigners", a foreigner is obliged to leave the Republic of Kazakhstan within the time period specified in this decision. In this case, the execution of the court's decision on expulsion from the Republic of Kazakhstan is carried out by a controlled independent departure of the expelled person from the Republic of Kazakhstan.If the person against whom the decision on expulsion has been taken does not leave the territory of the Republic of Kazakhstan within the time period specified in the decision, he is subject to detention and forced expulsion with the approval of the prosecutor. At the same time, detention is allowed for the period necessary for expulsion. Its maintenance is carried out in special institutions of the internal affairs bodies in accordance with the procedure determined by the Government of the Republic of Kazakhstan.The internal affairs bodies executing the court's decision on compulsory expulsion at checkpoints across the State border of the Republic of Kazakhstan shall transfer the expelled foreigner or stateless person to the Border Service of the National Security Committee for the official transfer of the foreigner or stateless person to a representative of the authorities of a foreign state., to the territory of which the said person is being expelled.If a complaint or protest is received against a court decision on the expulsion of a foreigner or stateless person from the Republic of Kazakhstan before the time period specified by the court during which the foreigner or stateless person must leave the territory of the Republic of Kazakhstan, the execution of the court decision on expulsion is suspended until the complaint or protest is considered.
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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