Comments to article 141. Sending a copy of the court order to the debtor. Objections to the court order of the Civil Procedure Code of the Republic of Kazakhstan

1. No later than the next day after its issuance, a court order must be served or sent to the debtor using means of communication that ensure that its receipt is recorded.

2. The debtor has the right, within ten working days from the date of receipt of a copy of the court order or from the day when he became aware of its issuance, to send objections to the stated claim to the court that issued the court order.

3. The debtor's objections must be supported by appropriate evidence of the existence of the subject of the dispute, indicated in the application for the issuance of a court order. Electronic copies of the documents are attached to the objections submitted in the form of an electronic document.

4. Objections shall be signed by the person specified in the second part of this article or by his representative. When submitting objections in the form of an electronic document, they are certified by the electronic digital signature of the debtor or his representative. The objections submitted by the representative must be accompanied by a power of attorney certifying his authority.

5. Objections that do not comply with the requirements of parts three and four of this Article shall be returned by a court ruling.6. The deadline for filing an objection that has been missed for valid reasons may be restored by the court that issued the court order on the grounds and in accordance with the procedure provided for in Article 126 of this Code.

1. The commented norm provides for provisions on sending a copy of the court order to the debtor and sending objections to the court order by the debtor. The court is obliged to serve or send the court order to the debtor no later than the next day after its issuance. Obviously, taking into account the fourth part of Article 123 of the CPC, in the case when the next day falls on a non-working day (weekend or holiday), the court order is sent or served to the debtor on the first working day after it. When sending or handing over, such means of communication should be used that would ensure that the debtor receives it (see the commentary to Article 127 of the CPC).

2. The debtor has the right to object to the claim filed by the recoverer. This right may be exercised within a period of ten working days, which is calculated from the date of receipt of a copy of the court order or from the day when he became aware of its issuance. The second condition applies if, contrary to the requirements of part one of this norm, the debtor has not received a copy of the court order.

3. Objections must be supported by appropriate evidence of the existence of the subject of the dispute, indicated in the application for a court order. That is, he must attach to the objections documents confirming the existence of a dispute over the claim claimed by the claimant. If the objections are submitted in the form of an electronic document, then, accordingly, electronic copies of the documents are attached.

4. Objections are signed by the debtor or his representative. In the latter case, a power of attorney certifying his authority must be attached to the objections. In this case, no special indication is required in the power of attorney for the representative's authority to sign objections.

5. If objections do not comply with the requirements established by parts three and four of this Article, they shall be returned by the judge's ruling.

6. The time limit missed for filing objections may be restored if the reasons for its omission are recognized by the judge as valid. The grounds and procedure for restoring this procedural period are regulated by Article 126 of the CPC. According to this rule, the debtor submits an application for reinstatement of the missed deadline if he has sent objections to the court within more than ten working days, but not later than one month, when he became aware of its issuance. At the same time, objections to the court order are filed simultaneously with the application for reinstatement of the term. A document confirming the validity of the reasons for missing the deadline is attached to the application.

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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