Comments to article 29. Filing a claim at the location of the defendant of the Civil Procedure Code of the Republic of Kazakhstan
1. The claim is filed in court at the defendant's place of residence. The place of residence of an individual, including one engaged in individual entrepreneurial activity without forming a legal entity, is determined according to the rules established by the Civil Code of the Republic of Kazakhstan.
2. A claim against a legal entity is filed in court at the location of the legal entity in accordance with the constituent documents and (or) the address entered in the National Register of Business Identification Numbers. A claim against an organization without forming a legal entity is filed at its location.
1. The plaintiff submits a statement of claim according to the general rules of territorial jurisdiction to the district court in whose jurisdiction the defendant resides. According to Article 16 of the Civil Code, the defendant's place of residence is the locality where the citizen permanently or predominantly resides. The place of residence of persons under the age of fourteen (minors) or citizens under guardianship is recognized as the place of residence of their legal representatives. A citizen has a legal address used in relations with individuals and legal entities, as well as the state. The legal address of a citizen is the place of his registration. The procedure for registration of citizens is determined by the Government of the Republic of Kazakhstan.
Currently, the number of real estate owned by individuals is not limited, and therefore it is difficult to determine the place of residence of persons who have apartments and houses in various districts and regions of the republic. In such cases, the place of residence will be the place of his registration, that is, his legal address. The place of residence of the defendant cannot be recognized as the place of his temporary stay, as well as the place where he is in custody as a preventive measure, is serving a custodial sentence, or is undergoing inpatient treatment. A claim against such persons is filed at the last place of residence before the occurrence of these events. A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Republic of Kazakhstan may be filed at the location of his immovable property or at his last known place of residence.
2. A claim against a legal entity is filed in court at the location of the legal entity in accordance with the constituent documents and (or) the address entered in the National Register of Business Identification Numbers. A claim against an organization without forming a legal entity is filed at its location. According to Article 36 of the Civil Code, the location of a legal entity is recognized as the location of its permanent body. The location of the legal entity is indicated in its constituent documents with a record of the full postal address. In relations with third parties, a legal entity has no right to refer to the discrepancy between the actual address and the address entered in the National Register of Business Identification Numbers. At the same time, third parties have the right to send postal and other correspondence to a legal entity both to the address entered in the National Register of Business Identification Numbers and to the actual address.
Branches and representative offices are not legal entities. They are endowed with property by the legal entity that created them, and act on the basis of regulations approved by it. A claim against them is filed at the location of the legal entity, except in cases of determining jurisdiction at the choice of the plaintiff on the basis of part three of Article 30 of the CPC.Article 47 of the CPC stipulates that the parties to the civil procedure may be individuals and legal entities.At the same time, part three of the above-mentioned article states that in cases provided for by law, organizations without forming a legal entity may also be parties.A claim against an organization without forming a legal entity is filed at its location. Organizations without the formation of a legal entity include, for example, the Commission on Juvenile Affairs and the Protection of Their Rights, a permanent collegial body that coordinates the activities of government agencies and institutions in the field of crime prevention, neglect and homelessness among minors, protection of their rights and legitimate interests. An interdepartmental commission is formed under the Government of the Republic of Kazakhstan, regional, city, district in the city, district - under the relevant local executive body (akimat). They operate without forming a legal entity on the basis of a Model Provision approved by Resolution No. 789 of the Government of the Republic of Kazakhstan dated June 11, 2001. The Model Provision explicitly provides for challenging the commission's resolution and submission in court.
Akimats are another example of organizations without forming a legal entity. In practice, there are often cases when lawsuits are filed not against the mayor, but against the akimat. According to the Law "On Local Public Administration and Self-Government in the Republic of Kazakhstan", the akimat is a collegial executive body headed by the akim of a region, a city of republican significance and the capital, a district (city of regional significance), which carries out local public administration and self-government in the relevant territory within its competence.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
Comments on article Civil Procedure Code Civil Code Criminal Procedure Code Criminal Code Normative Resolution of the Supreme Court Criminal legislation Normative legal acts of the Republic of Kazakhstan
