Comments to Article 164. Terms of preparation of the case for trial of the Civil Procedure Code of the Republic of Kazakhstan
1. Preparation of civil cases for judicial proceedings must be carried out no later than fifteen working days from the date of acceptance of the statement of claim in court proceedings, unless otherwise established by this Code and other laws.In exceptional cases, in cases of special complexity, except in cases of recovery of alimony, compensation for damage caused by injury to health, as well as in the case of loss of a breadwinner and claims arising from an employment relationship, after the expiration of the period provided for the preparation of the case for trial., This period may be extended by an additional one month according to the judge's ruling.
2. A ruling on extending the time limit for preparing a case for trial is not subject to appeal or appeal.
1. Article 152 of the CPC establishes that statements of claim that do not meet the requirements of the CPC in form and content, as well as in the event of failure to provide the necessary documents, may be returned if it is found impossible to eliminate deficiencies in the preparation of the case for trial. It seems that such cases may include: non-payment of state duty, non-compliance with the pre-trial dispute settlement procedure when it is binding, established by law or contract, failure to sign a statement of claim or its signing by an unauthorized person in the absence of properly executed powers in accordance with the requirements of Article 61 of the CPC.In all other cases, applications are accepted and preparatory actions for the trial must be carried out. For these purposes, the deadline for preparing the case for trial is set at 15 working days. The parties must present and disclose evidence at the stage of preparing the case in accordance with Article 73 of the CPC.The CPC also sets other deadlines for preparing a case for trial, for example, in cases considered in special proceedings submitted to the court of appeal, the preparation period is set at 10 working days. The specified period cannot be extended.In cases of special complexity, it is possible to extend the time for preparing the case for another month upon a reasoned determination by the judge from the expiration of the period of 15 working days. A ruling on the extension of the time limit may be issued either based on the results of a preliminary court hearing or without a preliminary court hearing, if there are grounds for extending the time limit for preparing the case for trial. At the same time, it should be borne in mind that when conducting procedural actions entailing the suspension of proceedings, there is no need to extend the time limit, since the time limit is interrupted. There must be exceptional grounds for extending the time limit for preparing a case for trial by another month.
In the ruling, the judge must indicate the exclusivity of the grounds for extending the term. Such cases may include: the need to provide additional evidence, petitions of the parties and other persons involved in the case for assistance in obtaining evidence in accordance with the requirements of parts three and four of Article 73 of the CPC. The grounds may also be failure to comply with the ruling on the seizure of documents and sending it to the court, failure to obtain the evidence requested by the court due to abuse of rights by officials and other persons, and other significant circumstances that prevent the completion of the preparation of the case and the fulfillment of its tasks regulated by Article 163 of the CPC. Under the stated circumstances and the existence of grounds, the legal consequences specified in parts seven and eight of Article 73 of the CPC may occur.The term of preparation of the case is calculated from the first day of preparation of the case for trial to the last day of the expiration of the additional monthly period (15 working days plus 1 month). If the preparation of the case has been completed earlier, the judge issues a ruling on the appointment of the case for trial. If a preliminary court session was held, but due to the need for additional procedural actions, the preparation period was extended and all procedural actions for the preparation of the case were completed, a ruling on the appointment of the case for trial is also issued. There will be no repeated preliminary meeting.In cases where shorter review periods are provided, the one-month time limit for preparing the case cannot be extended.
2. It is logical that the decision on the preparation of the case for trial cannot be appealed and protested. The judge establishes a list of necessary procedural actions that should be performed in order to complete the tasks of preparing the case for trial. In case of disagreement with the content of the procedural actions, the parties or other persons involved in the case may file petitions, submit objections, for example, about the inadmissibility of examining written or material evidence, rejecting the petition of one party, sending a separate order, etc.Arguments against certain procedural actions of the judge may subsequently be included in the content of the appeal.
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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