Comments to article 5. Principles of civil procedure of the Civil Procedure Code of the Republic of Kazakhstan

1. Civil legal proceedings shall be conducted on the basis of the principles set out in this chapter.2. Violation of the principles of civil proceedings, depending on its nature and materiality, entails the cancellation of judicial acts.1. The principles of law are general, most important, guiding principles that are legally fixed and determined by the nature of socio-economic relations.

The principles of civil procedure law are the fundamental guiding principles (ideas) fixed in the current legislation, expressing the essence of the norms of civil procedure law and the main directions of state policy in the field of legal regulation of public relations related to the protection of violated or disputed rights, freedoms and legitimate interests of subjects of civil procedure. They permeate all civil procedure norms and institutions and are the starting (initial) provisions defining the content of the norms on civil proceedings.In the most general form, the principles of civil proceedings are divided into organizational and functional.Organizational principles include those principles that are directly related to the organization of civil proceedings, on which civil proceedings are based.The principles that define the essence of the civil procedure, its procedure and content are functional.2. Violation of any of the principles of civil proceedings, depending on the nature and materiality of the violation, entails the cancellation of the judicial act. The degree of materiality and nature of the violation is assessed by a higher court, taking into account the circumstances of the case and the impact of the violation on the objectivity and legality of the decision.

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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