Comments on article 420. Investigation of evidence of the Civil Procedure Code of the Republic of Kazakhstan

1. The procedure and limits of the examination of evidence shall be determined by the court, taking into account the opinions of the persons participating in the case.

2. After explanations from the parties and other persons participating in the case, the court verifies the evidence available in the case, as well as the evidence presented in accordance with the rules of part two of Article 413 of this Code.

3. The court has the right to announce the explanations of the persons participating in the case who did not appear at the court session, as well as the testimony of witnesses who were not called to the court session of the appellate instance.

4. The parties have the right to file petitions for summoning and questioning witnesses and for examining and (or) requesting evidence, the interrogation and examination of which they were refused by the court of first instance. If the testimony of witnesses is disputed by the parties, these persons may be summoned to the court of appeal.

5. The evidence contested by the person who filed the appeal or protest from the standpoint of their relevance, admissibility, and reliability shall be examined and evaluated in court in conjunction with other evidence available in the case.

1-5. The commented article regulates the procedure for examining the evidence collected in the case.The party presenting new evidence to the court of appeal in a case that was not the subject of research in the court of first instance must substantiate the reason for presenting such evidence in the court of appeal (for example, to justify to the court the impossibility of presenting this evidence earlier, to provide proof of the application rejected by the court of first instance for research, requesting evidence).

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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