Comments to Article 232. The decision obliging the defendant to commit certain actions of the Civil Procedure Code of the Republic of Kazakhstan

When making a decision obliging the defendant to perform certain actions not related to the transfer of property or money, the court specifies the actions and the time period for their commission, which the defendant is obliged to perform in order to restore the violated rights, freedoms or legitimate interests of a citizen or a legal entity.The operative part of the decision states that in case of non-fulfillment of the court's decision, the plaintiff has the right to perform these actions independently with the recovery of expenses incurred from the defendant, except in the following cases:, when actions can only be performed by the defendant.Any award decisions oblige the debtor to perform certain actions or refrain from performing them. The commented article does not apply to actions related to the transfer of certain property. Among the actions provided for in the commented article may be reinstatement at work, eviction from housing, refutation of information discrediting honor and dignity, etc. In some cases, a court decision can only be enforced by the defendant, for example, a decision on reinstatement. In cases where the decision can be executed by another person, for example, a decision to publish a refutation of defamatory information, the plaintiff can execute it at the expense of the defendant. The operative part of such a decision should indicate that in the event of non-compliance with the court's decision, the plaintiff has the right to perform these actions independently with the recovery of the costs incurred from the defendant.If the actions specified in the court decision can only be performed by the defendant, the court sets a time limit within which the decision must be executed.

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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