Comments on article 411. Suspension of execution of the decision of the Civil Procedure Code of the Republic of Kazakhstan
Before considering the case, the court of appeal may, at the request of the person who filed the appeal, protest, suspend the execution of the decision taken by the court of first instance and applied for immediate execution in accordance with the procedure provided for in Article 244 of this Code, except for decisions on cases, listed in Article 243 of this Code.When there is no need to suspend the execution of the decision, the suspension order is canceled.The decision to suspend the execution of the decision or to cancel the suspension is sent (served) to the bailiff and the parties.It follows from the commented article that the court of appeal has the authority to suspend the immediate execution of the decision. At the same time, the court of appeal has no right to suspend the execution of a court decision that is subject to immediate execution by virtue of the peremptory norm of Article 243 of the CPC. In this case, we are talking about the following types of court decisions: on awarding alimony or wages to an employee; on reinstatement at work; on compensation for damage caused by damage to health or loss of a breadwinner; on recognizing a strike as illegal; on the settlement of insolvency or on the recognition of bankruptcy, as well as in other cases specified in the law.The suspension of the immediate execution of a decision of the court of first instance is carried out by a decision of the court of appeal on the basis of an application from the person who filed the appeal or protest.An application for suspension of immediate execution must be motivated by the absence of the grounds specified in the first part of Article 244 of the CPC, that is, special circumstances., when slowing down the execution of a decision may lead to significant damage to the recoverer or the impossibility of execution.If there is no need to suspend the immediate execution, the court of appeal may, on its own initiative or at the request of the persons participating in the case, revoke its 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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