Comments to Article 121. Terms of performance of procedural actions of the Civil Procedure Code of the Republic of Kazakhstan

1. Procedural actions shall be performed within the procedural time limits established by this Code.

2. If the time limit for the performance of a procedural action is not established by this Code, it shall be appointed by the court. The procedural time limit set by the court must be reasonable and sufficient for the performance of the procedural action.

1. The time set by the CPC or the court, during which certain procedural actions can or should be performed, is primarily aimed at the correct and timely consideration and resolution of civil cases.

The terms of the most important procedural actions are set by the CPC. For example, the time limit for issuing a court order (Article 139), the time limit for considering and resolving civil cases (Article 183), the time limit for drawing up the minutes of the court session (part four of Article 283), the time limit for making comments on the minutes of the court session (Article 284), the time limit for applying to the court to challenge citizens' decisions and actions (or inaction) of state bodies, local self-government bodies, public associations, organizations, officials, civil servants (Article 294), the time limit for filing an appeal, protest (Article 403), the time limit for challenging, appeals against judicial acts that have entered into legal force (article 436) and others. The procedural time limits established by the CPC are mandatory for both the persons involved in the case and the court and cannot be changed by either the parties or the court.

However, in cases established by the CPC, the court may exceed the statutory time limits. For example: according to Article 164 of the CPC, the preparation of civil cases for trial must be carried out no later than fifteen working days from the date of acceptance of the application to the court, unless otherwise established by this Code and other laws. At the same time, the legislator in this article grants the court the right in exceptional cases in cases of special complexity, except in cases of recovery of alimony, compensation for damage caused by injury or other damage to health, as well as in the case of loss of the breadwinner and the requirements arising from labor relations, to extend this period for an additional one month as determined by the judge..Violation of the procedural deadlines established by the CPC deprives the persons involved in the case of the opportunity to commit certain procedural actions for which deadlines are set.

Among the persons, the procedural time limits are set: for persons participating in the case (part five of Article 172, Articles 264, 284, part three of Article 297 of the CPC, etc.); for the court, bailiffs (Articles 139, 183, 262, 296, 300 CPC, Article 10 of the Law "On Enforcement Proceedings and Status bailiffs"); for other persons who do not participate in the process (Articles 73, 270 of the CPC).2. For a number of procedural actions, the time limits are set by the court. For example, the court sets a time limit for correcting the shortcomings of an appeal or protest (part one of Article 406 of the CPC).

The court may also set deadlines for persons who are not participants in the process.Thus, Article 73 of the CPC provides for the right of the court, at the request of a party to request evidence, to issue a request to a person to obtain evidence within the time limit set by the court.As can be seen from the content of this rule, it provides for deadlines set by both the court and 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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