Comments to Article 128. Content of a court summons or other notification, summons of the Civil Procedure Code of the Republic of Kazakhstan

1. A court summons or other notice or summons must contain:

1) an indication of the person being notified or subpoenaed (surname, first name, patronymic (if it is indicated in the identity document) and the place of residence of the person or the name of the legal entity and its location);

2) name and address of the court;

3) indication of the place and time of appearance in court;

4) the name of the case on which the notification or summons is being made to the addressee;

5) an indication of who the addressee is being notified or called.;

6) an invitation to the persons participating in the case to present all the evidence they have in the case, indicating the consequences of their failure to submit in accordance with the requirements of this Code;

7) an indication of the rights and obligations provided for in Article 46 of this Code;

8) an indication of the obligation of the person who accepted the summons or other notification, summons in connection with the absence of the addressee, to deliver it to the addressee as soon as possible;

9) an indication of the consequences of the failure of the person being notified or summoned to appear in court and his obligation to inform the court of the reasons for the non-appearance;

10) the signature of the person who sent the summons or other notification, summons. The person who transmitted the telephone message about the notification or call must certify it with his signature and indicate to whom and when it was transmitted.

2. A message sent to a cellular subscriber number or e-mail address must contain:

1) an indication of the person being notified or subpoenaed (surname, first name, patronymic (if it is indicated in the identity document) of the person to whom it is addressed, or the name of the legal entity);

2) name and address of the court; 3) indication of the place and time of appearance;

4) the short name of the case on which the notification or summons of the addressee is made;

5) an indication of who the addressee is being notified or called.;

6) last name and first name of the person who sent the message. The document confirming the sending of the message is attached to the case file.

3. The parties who have received the notification have the right to familiarize themselves with the claim and the materials attached to it through the official Internet resource of the court, with the exception of cases to be considered in a closed court session.

1. The commented article regulates the content of the summons or other notification. The elements of the agenda are a receipt for its receipt, a notification of receipt of the agenda.

2. An electronic notification (SMS summons, e-mail message) allows you to promptly notify and summon the parties, as well as other persons involved in the case, to court. A short message to a cellular subscriber's number or email address containing information prescribed by law has the same effect as a traditional written notification on signed paper.

To send a notification to a participant in the trial, it is necessary to fill out an electronic form containing:

phone number (indicating the mobile operator); 

email address; message template; message text. The text of the message indicates the surname, first name, patronymic of the person being notified of the summons to court, the name and exact address of the court, the time and date of the appearance, the name of the case in which the notification (summons) of the addressee is being made, as whom the addressee is being called. The electronic court summons also contains information such as the short number of the judicial authorities' Call Center, a unique number, the date of receipt, and a barcode.When sending a notification via SMS, information about its delivery is available to the number of the participant in the trial, and after sending the electronic notification (notification), the printed form of the dispatch report is signed by the specialist who sent the message and attached to the court case (material).To view and print an electronic court summons, you should use the Internet. On the official website of the Supreme Court (www.sud.gov.kz ) there is a service for viewing and printing messages - "Judicial summons". To find your SMS, you need to enter the cell phone number to which the SMS message was sent and the code in the text of the message. As a result, an electronic court summons in PDF format is downloaded to the user's computer, which can be saved and printed. A printed summons can be provided, for example, to the employer. It should be noted that in order to provide this subpoena as evidence of notification or subpoena, there is no need to affix a seal or signature to the subpoena due to the presence of an electronic digital signature on the electronic subpoena.

3. The online service "Familiarization with court documents" has been implemented and operates on the official Internet resource of judicial authorities, which is intended for viewing electronic court documents, with the exception of documents on cases to be considered in a closed court session. The participant in the trial receives a login and password by e-mail to a cell phone number or e-mail address. Next, he enters the login, password and NIN in the Judicial Office. Through the service, you can view, save and download judicial acts in electronic form on a specific court case. Upon review through the specified online service, a notification is sent to the relevant court stating that the party or person involved in the case has reviewed the available case materials.

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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