Comments to Article 131. Consequences of the addressee's refusal to accept a court summons or other notification of the Civil Procedure Code of the Republic of Kazakhstan

1. If the addressee refuses to accept a court summons or other notice, the person delivering or handing them over shall make an appropriate note on the summons or other notice, summons, which shall be returned to the court, and shall also have the right to draw up an act on this. A note on the addressee's refusal to receive a court summons or other notification is certified by an authorized person of the cooperative of owners of premises (apartments), the housing maintenance and communal services service, or the manager of an apartment building, an authorized person of a local government body or the relevant executive body at the addressee's place of residence or the administration at his place of work.2. The addressee's refusal to accept a court summons or other notification is not an obstacle to the consideration of the case or the commission of certain procedural actions, and the person is considered to have been duly notified.1. If the addressee refuses to receive the received mail or postal orders, he must make a note about this on the postal item or notification. If the addressee refuses to make such a mark, it is made by the postal worker or the person who delivered it. A note on the addressee's refusal to receive a court summons or other notification is certified by an authorized person of the cooperative of owners of premises (apartments), the housing maintenance and communal services service, or the manager of an apartment building, an authorized person of a local government body or the relevant executive body at the addressee's place of residence or the administration at his place of work.At the same time, the postal worker or the person who delivered the postal item or notification has the right to draw up an act on this. The addressee who refuses to accept the notice or summons is considered to have been notified of the time and place of the trial. Consequently, the refusal to accept the summons does not preclude the consideration of the case. In this regard, the addressee's refusal to accept a court summons entails the consequences provided for in Articles 196, 197 of the CPC.2. A court summons with the mark provided for in the first part of the commented article must be attached to the case file and confirm the fact of proper notification of the person about the time and place of the court session.The relevant note must be made by a disinterested person, otherwise the addressee has the right to further challenge the fact of the delivery of the summons, referring to the dishonesty of the interested person who was entrusted with the delivery of the summons (for example, the plaintiff).

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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