Comments to article 151. Refusal to accept a statement of claim of the Civil Procedure Code of the Republic of Kazakhstan

1. The judge refuses to accept the statement of claim if:1) the application is not subject to consideration and resolution in civil proceedings; 2) there is a court decision that has entered into legal force or a court ruling on the termination of proceedings on the grounds provided for in this Code, issued in a dispute between the same parties, on the same subject and on the same grounds; 3) there is a decision on a dispute between the same parties, on the same subject and on the same grounds, was decided by the arbitral tribunal and the court became aware of this.

2. The judge shall issue a ruling on the refusal to accept a statement of claim within five working days from the date of its receipt, which shall be handed over or sent to the applicant with all documents attached to the claim.

3. The refusal to accept the statement of claim prevents the plaintiff from filing a claim with the court against the same defendant on the same subject and on the same grounds.4. The court's ruling on the refusal to accept the statement of claim indicates which body the plaintiff should apply to if the case is not subject to consideration and resolution in civil proceedings.

5. The ruling on the refusal to accept the statement of claim may be appealed or protested.

1. The commented norm establishes an exhaustive list of grounds for refusal to accept a statement of claim.1) The first ground is a violation of jurisdiction. When deciding whether to accept a statement of claim, the judge should check whether the stated claim is subject to the jurisdiction of the court. It should be borne in mind that the application may be considered in a different manner (administrative, criminal) or by officials or organizations whose competence includes resolving the issues raised.2) Another basis defines the identity of claims, which means that the statements have the same subject, grounds and subject matter. If there is a ruling on the termination of proceedings in an identical claim, the court refuses to accept the application. If an identical claim is filed by the prosecutor or by the persons specified in Articles 55, 56 of the CPC, the judge also refuses to accept the application.If there is doubt about the identity of the claims, the judge accepts the statement of claim for court proceedings and considers this issue during the preparation of the case for trial or at a court hearing. The case is subject to termination if the existence of this ground is established.Meanwhile, claims for divorce, deprivation or restriction of parental rights, and other claims, depending on the nature of the legal relationship, may be filed again after the termination of the proceedings. At the same time, the grounds of the claim change, for example, when filing a claim for divorce, it may be indicated that the parties did not come to reconciliation or the reconciliation was short-lived.; 3) The grounds for refusal to accept a statement of claim similar to subparagraph 2) of part one of this article may have changed with respect to claims for deprivation or restriction of parental rights. The grounds for refusal to accept a statement of claim may apply to a decision taken by arbitration in a dispute between the same parties, on the same subject and on the same grounds.

2. The judge issues a ruling on the refusal to accept a statement of claim within five working days from the date of its receipt by the court, which is served or sent to the applicant with all the documents attached to the application (see the commentary to the second part of Article 150 of the CPC).

3. A refusal to accept a statement of claim prevents a person from applying to court again with a statement of claim against the same defendant and on the same grounds.

The circumstances that do not prevent a second appeal to the court are listed in Article 152 of the CPC and are the basis for the return of the statement of claim. A statement of claim may not be refused for reasons of lack of proof of the stated claims, submission of an application to an improper defendant, omission of the limitation period or the time limit for applying to court.

4. If the application is refused due to the fact that it is not subject to consideration and resolution in civil proceedings, the judge indicates in the definition which body the plaintiff should apply to.

5. A judge's ruling on the refusal to accept a statement of claim may be appealed or protested in accordance with the procedure established by 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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