Comments to Article 3. The effect of the Civil Procedure Law in the time of the Civil Procedure Code of the Republic of Kazakhstan
1. Civil legal proceedings shall be conducted in accordance with the civil procedure law, which was put into effect at the time of the performance of the procedural action or the adoption of the procedural decision.
2. The Civil Procedure Law, which imposes new duties, cancels or diminishes the rights belonging to the participants in the process, and restricts their use to additional conditions, has no retroactive effect.
3. The admissibility of evidence is determined in accordance with the law in force at the time of its receipt.
1. The Civil Procedure Law, like all other laws, is valid only after its official publication. As a general rule, the law is not retroactive and applies only to those relations that arose after the enactment of the act, except in cases of a special clause in the law. Regardless of which law was in force at the beginning of the process, the court is obliged to apply the procedural law that is in force at the time of the procedural action. This is a feature of the procedural legislation. For example, if a case in the first instance is considered in a certain order, and the procedural norm has changed by the stage of appeal and cassation consideration, then the case is considered in these instances according to the rules of the new procedural law that has entered into force. However, there may be exceptions to this rule in cases stipulated by law.
2. A civil procedure law that imposes new duties, cancels or infringes on the rights of the participants in the process, and restricts their use to additional conditions, has no retroactive effect. The admissibility of evidence is determined in accordance with the law in force at the time of its receipt.
3. The circumstances of cases that must be confirmed by means of evidence determined by law cannot be proved by other means. In particular, the ownership of immovable property, confirmed by a registration certificate issued by the real estate registration authority, cannot be refuted by a private receipt. Therefore, the admissibility of evidence means obtaining it by means prescribed by law.
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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