Comments on article 99. Evidence on tangible media of the Civil Procedure Code of the Republic of Kazakhstan

1. Evidence may be presented on tangible media containing: audio and video recordings, including those obtained by surveillance and recording devices, photographic and film footage, and other materials on electronic and digital media that are relevant to the case and meet the criteria of relevance and admissibility.2. A person presenting evidence on tangible media or requesting assistance in their recovery must indicate when, by whom, under what conditions and under what circumstances the recordings were made.Failure by a person to provide such information precludes the possibility of examining such evidence at a court hearing.This article regulates the specifics of the presentation and research of evidence presented on tangible media.

1. This article is a novel and represents a legislative consolidation of the introduction of new means of proof into the civil process.Evidence on tangible media is provided as an independent means of proof, which is due to the use of the latest technical means in everyday life, business turnover, as well as legal proceedings, which make it possible to record facts using audio, video recordings, and photo materials.- and filming, as well as other materials on electronic and digital media.The study of such evidence is carried out by playing audio and video recordings using special equipment. When examining evidence obtained via the Internet, web pages are examined. Such evidence may contain signs, audio and video information.Evidence must meet the criteria of relevance and admissibility (see commentary to Articles 64, 65 of the CPC).2. The second part of this article establishes the conditions for the admissibility of evidence on tangible media: the person presenting evidence on tangible media or requesting assistance in their recovery must indicate when, by whom, under what conditions and under what circumstances the recordings were made.

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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