Comments to article 396. Consideration of an application for the return of a child or for the exercise of access rights of the Civil Procedure Code of the Republic of Kazakhstan
1. An application for the return of a child or for the exercise of access rights is considered with the mandatory participation of the prosecutor and the body performing the functions of guardianship or guardianship.
2. An application for the return of a child or for the exercise of access rights shall be considered by a court within a period not exceeding forty-two days from the date of acceptance of the application by the court, including the time for preparing the case for trial and drafting a reasoned decision.
1. According to the second part of Article 54 of the CPC, the prosecutor has the right to enter into the process to give an opinion on the case in order to carry out the duties assigned to him by law. The participation of the prosecutor in civil proceedings is mandatory in cases affecting the interests of the State, when it is necessary to protect public interests or citizens who cannot defend themselves on their own, as well as when the need for the prosecutor's participation is recognized by the court or prosecutor.In part one of the commented article, the law explicitly provides for the obligation of participation in the consideration of an application for the return of a child or for the exercise of access rights to it by both the prosecutor and the body performing guardianship or guardianship functions based on the interests of the child.
2. Applications for this category of cases are considered in a shorter period than stipulated in Article 183 of the CPC, since this is related to the protection of the rights and interests of a child located in another country and is aimed at prompt consideration of the application.
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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