Comments to article 132. Change of surname, first name, patronymic (if it is indicated in the identity document), change of address, cellular subscriber number and e-mail address during the proceedings of the Civil Procedure Code of the Republic of Kazakhstan
The persons participating in the case and their representatives, in case of a change of surname, first name, patronymic (if it is indicated in the identity document), a change of address, cellular subscriber number, or e-mail address during the proceedings in the case, are obliged to inform the court about this. In the absence of such a message, a summons or other notification or summons is sent based on the latest information known to the court and is considered delivered, even if the addressee no longer resides or is not located at this address, does not use this cellular subscriber number or email address. Such notification is appropriate.The persons participating in the case and their representatives are obliged to inform the court about the change of their address during the proceedings. In the absence of such a message, a summons or other notification or summons is sent to the last address known to the court and is considered delivered, although the addressee no longer resides or is located at that address.The persons participating in the case are obliged to inform the court about the change of their address. The provisions of Article 132 of the CPC apply to cases where the case has already been initiated by the court and the persons involved in the case have been informed that they are participants in the process. The person participating in the case may inform the court orally or in writing about the change of his address.In case of non-fulfillment of this obligation, notification by the court of the addressee at the last known place of residence will be considered proper notification, and therefore adverse consequences may occur for the addressee.Submitting an application for a change of address is often used as one of the ways to delay the process. Regardless of the place of state registration or the place of residence of the person involved in the case, the latter has the right to inform the court of another address to which documents should be sent to him in the future.According to the meaning of the article being commented on, after receiving an application for a change of address, the court cannot send court documents to the person's previous address. After all, the purpose of reporting a change of address is to ensure that the person is notified not formally, but actually.
In practice, it is very common for a person involved in a case to indicate as the address for court correspondence the address of his representative, who directly conducts all court cases or a specific case.For example, a foreign person participating in a case informs the court of the address of his representative, indicating that all court documents addressed to the foreign person should be sent to this address.There are other situations when a person participating in a case located in the Republic of Kazakhstan informs the court that court notices addressed to him should be sent outside the Republic., for example, at the address of a foreign law firm or law firm, which is its representative in court.Such actions may aim to make it difficult to notify the person involved in the case in order to delay the process, since under the circumstances described, the foreign person would have to be notified according to the rules established for notifying foreign persons. At the same time, filing an application for a change of address cannot be considered an abuse of procedural law on purely formal grounds, because informing the court about a change of address during the proceedings is not called a right in the law, but an obligation of the persons involved in the case.
Additional comment Establishes the obligation of the persons participating in the case and their representatives in case of a change of surname, first name, patronymic (if it is indicated in the identity document), change of address, cellular subscriber number, e-mail address during the proceedings to inform the court about it. Such data about the respondent can also be an electronic subscriber's mailbox. In the absence of such a message, a summons or other notification or summons is sent according to the latest data known to the court, including the electronic subscriber mailbox, and is considered delivered, although the addressee does not use them. Such rules will exclude unjustified delays in the processes, abuse of the rights of others.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
