Comments to Article 322. Consequences of the appearance or discovery of the place of residence of a citizen recognized by a court decision as missing or declared dead by the Civil Procedure Code of the Republic of Kazakhstan
1. In the event of the appearance or discovery of the place of residence of a citizen recognized by a court decision as missing or declared dead, the court of first instance shall overturn its earlier decision with a new decision. This decision is the basis for the termination of custody of the property of a citizen recognized as missing, and the cancellation of the death record of the person declared dead in the civil registry book.
2. The cancellation of a court decision declaring a citizen missing or declaring him dead is the basis for restoring the property rights of these persons.
1. This article establishes an exception to the general rule on the inadmissibility of a court review of its own decision. However, the procedure for revoking a decision provided for in Article 322 of the CPC applies only to cases where the decision on the case was lawful and justified at the time of its issuance and is not applicable to correct a mistake made by the court. In the latter case, the decision is subject to review on general grounds.
2. Within the meaning of Article 322 of the CPC, in the event of the appearance or discovery of the place of residence of a citizen recognized as missing or declared dead, the issue of revoking an earlier decision may be brought before the court both at the request of any interested person, the prosecutor, and on the initiative of the person himself, recognized as missing or declared dead (subparagraph g) of paragraph 3 of the normative resolution of the Supreme Court No. 9 of September 25, 1968 "On judicial practice in cases of recognizing a person as missing or declaring a person dead."The cancellation of a decision to declare someone missing or declared dead is carried out in the same case without opening a new proceeding. The court resumes the proceedings on the case and cancels its earlier decision with a new decision. Such a decision is the basis for the removal of custody of the property and the cancellation of the record of his death in the register of civil status records. The decision to overturn an earlier decision may be appealed and protested on general grounds, since there is no exception in the law in this sense.
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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