Comments on article 97. Inspection of material evidence subject to rapid deterioration of the Civil Procedure Code of the Republic of Kazakhstan
1. Material evidence that is subject to rapid deterioration, no later than the next business day after the application for their inspection is made, shall be examined and examined by the court, after which they are returned to the person who submitted them for inspection.2. The persons participating in the case shall be notified of the place and time of the inspection and examination of such material evidence, if they can arrive at the location of the material evidence at the time of their inspection. The non-appearance of the notified persons participating in the case does not prevent the inspection and examination of material evidence. The examination and examination data are recorded in the protocol.3. The inspection of material evidence subject to rapid deterioration and the recording of its results shall be carried out in accordance with the procedure provided for in parts two and three of Article 96 of this Code.1. Material evidence that is subject to rapid deterioration includes certain food products, other items that require special storage conditions, the creation of which is impossible, and others. If the material evidence is quickly damaged, its inspection is carried out promptly no later than the next business day after the person involved in the case has filed and the court has granted the request to inspect the evidence, otherwise the possibility of carrying out procedural actions will be lost.After the inspection, the material evidence is returned to the person who submitted it for inspection on the basis of a ruling issued by the court in accordance with part four of Article 98 of the CPC.
2. The second part of this article provides for a rule on notifying the persons involved in the case about the inspection of material evidence that is subject to rapid deterioration.: The persons participating in the case shall be notified by the court of the place and time of the inspection and examination of such evidence, if they can arrive at the location of the material evidence by the time of their inspection.From the analysis of this rule in conjunction with the provisions of part four of Article 15, subparagraph 12) of Article 165, part two of Article 224 of the CPC that the court bases the decision only on the evidence, participation in the investigation of which was ensured on an equal basis by each of the parties; the judge, in urgent cases, performs, with the notification of the persons participating in the case, an on-site inspection of written and material evidence.; The court bases the decision only on the evidence that was presented by the parties and examined at the court session, it should be concluded that the court should, using all possible means of communication, inform all persons involved in the case about the place and time of inspection of the physical evidence, regardless of whether they can actually come to inspect the evidence. The persons participating in the case have the right to exercise their right to participate in the examination of material evidence through their representative.The non-appearance of the notified persons participating in the case does not prevent the inspection and examination of material evidence. All the data of the inspection and examination of physical evidence are recorded in the protocol of a separate procedural action or the protocol of the court session. Persons participating in the case who were unable to take part in the inspection and examination of physical evidence have the right to participate in the examination of the protocol, which records the progress and results of the inspection.3. Since the procedural action provided for in this article is one of the types of inspection of physical evidence, the results of the inspection are recorded according to the general rules for inspection of physical evidence established by parts two and three of Article 96 of the CPC.
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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