Comments on article 44. Civil procedural legal capacity of the Civil Procedure Code of the Republic of Kazakhstan
The ability to have civil procedural rights and obligations (civil procedural legal capacity) is recognized equally for all citizens and legal entities that are subjects of substantive law.Civil procedural legal capacity - the ability to have civil procedural rights and bear procedural duties, that is, to be a participant in a civil procedural legal relationship.They have the following procedural legal capacity::1) legal entities whose legal capacity arises from the moment of their creation and ceases at the moment of their abolition in accordance with the established procedure; 2) individuals whose procedural legal capacity arises from the moment of birth and ceases with death; 3) the prosecutor, state authorities, local governments, public organizations, officials. These entities have procedural legal capacity in cases where their participation in civil proceedings is provided for by the procedural law or other legislative acts of the Republic of Kazakhstan; 4) the court (judge), the secretary of the court session, representatives, experts, specialists, witnesses, interpreters.The procedural legal capacity of a legal entity is determined by its statutory activities. The law does not provide for the restriction or deprivation of civil procedural legal capacity.
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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