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Home / Codes / Comments on article 397. Court decision on the case of the return of a child or on the exercise of access rights of the Civil Procedure Code of the Republic of Kazakhstan

Comments on article 397. Court decision on the case of the return of a child or on the exercise of access rights of the Civil Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Comments on article 397. Court decision on the case of the return of a child or on the exercise of access rights of the Civil Procedure Code of the Republic of Kazakhstan

1. The court's decision in the case of the return on the basis of an international treaty ratified by the Republic of Kazakhstan of a child illegally transferred to the Republic of Kazakhstan or held in the Republic of Kazakhstan must comply with the requirements established by Chapter 19 of this Code and contain justification for the need to return the child to the state of permanent residence in accordance with an international treaty ratified by the Republic of Kazakhstan, the procedure for returning the child, distribution of court costs and expenses related to the return of the child, or a justification for the refusal to return the child to the state of permanent residence in accordance with an international agreement of the Republic of Kazakhstan and an indication of the distribution of court costs.

2. The court's decision in the case of the exercise of access rights in respect of a child illegally transferred to the Republic of Kazakhstan or held in the Republic of Kazakhstan on the basis of an international treaty ratified by the Republic of Kazakhstan must comply with the requirements established by Chapter 19 of this Code and contain justification for the plaintiff's exercise of access rights in accordance with an international treaty ratified by the Republic of Kazakhstan, measures to ensure the plaintiff's exercise of access rights, an indication of the distribution of court costs or the justification for the refusal to exercise access rights in accordance with an international treaty ratified by the Republic of Kazakhstan, and an indication of the distribution of court costs.1, 2. See the commentary to Chapter 19 of the CPC and the regulatory decision of the Supreme Court No. 5 dated July 11, 2003 "On 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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