Comments to Article 96. Storage and inspection of physical evidence of the Civil Procedure Code of the Republic of Kazakhstan
1. Material evidence shall be kept in the case file or, according to a special inventory, handed over to the court's physical evidence storage room. The Court takes measures to preserve the physical evidence in an unchanged state.2. Items that cannot be brought to court are stored at their location. They must be examined by the court when preparing the case for trial or during the trial of the case. Upon inspection, the appearance, properties and condition of the objects are subject to recording in the protocol of a separate procedural action or in the protocol of a court session, and if necessary, these objects can be photographed, videotaped and sealed.3. The inspection of material evidence shall be carried out by the court with the participation of persons participating in the case and, if necessary, experts. The protocol of inspection of physical evidence is attached to the case.4. The costs of storing physical evidence may be distributed between the parties in accordance with Article 109 of this Code.This article regulates the rules for the storage and inspection of physical evidence, as well as the allocation of storage costs.
1. The court shall take measures for the storage of physical evidence. Storage of physical evidence is an activity aimed at ensuring the immutability of the appearance, properties, other signs, and condition of objects after exposure to them and changes in their original appearance, properties, and condition.Physical evidence may be kept in the file. This storage method is applicable to small-sized items (for example, discs in a consumer protection case) and documents that have been unlawfully affected (erasures, corrections). Such small-sized physical evidence may be kept in the file sealed in an envelope.Physical evidence may be stored in the court's physical evidence storage room in accordance with the Instructions "On the procedure for the seizure, accounting, storage, transfer and destruction of physical evidence, documents in criminal cases, civil cases and cases of administrative offenses by the court, prosecutor's offices, preliminary investigation, inquiry and forensic examination", approved by a joint order of the Minister of Justice of the Republic of Kazakhstan dated November 12, 1998 No. 121, Prosecutor General of the Republic of Kazakhstan No. 1043 dated December 1, 1998, Chairman of the National Security Committee of the Republic of Kazakhstan No. 73 dated December 8, 1998, Minister of Finance of the Republic of Kazakhstan No. 598 dated December 22, 1998, Minister of Internal Affairs of the Republic of Kazakhstan No. 429 dated December 2, 1998, Minister of State Revenue of the Republic of Kazakhstan dated December 28, 1998 year No. 111.Measures aimed at preserving physical evidence in an unchanged state are the following measures:, preventing unauthorized access and excluding the possibility of influencing evidence in order to change its appearance, properties or condition, as well as measures to create appropriate storage conditions and prevent damage to physical evidence.
Thus, documents, letters and other records attached to the case as physical evidence should be kept in envelopes enclosed between blank sheets of paper. It is forbidden to make any marks, inscriptions or bend them. The envelopes are sealed, filed in the file and numbered with a separate sheet. If there are a large number of letters and documents attached to the case, they are placed in a separate package attached to the case. The envelope should have an inscription with a list of enclosed documents. It is prohibited to store physical evidence and other objects in a moistened, etc. condition, which may lead to their damage and the impossibility of further investigation and use as evidence. If necessary, measures should be taken to bring the seized objects into a condition that allows their further storage (paragraphs 27, 29 of the above Instructions).
2. Items that, due to their properties or dimensions, cannot be brought to court (real estate, bulky items, etc.), are stored at their location. When examining physical evidence, they are examined, since such evidence can serve as a means of establishing circumstances relevant to the case.
The inspection is carried out by the court when preparing the case for trial in order to provide evidence (subparagraph 12) of Article 165 of the CPC) or during a court hearing during the examination of material evidence (Article 210 of the CPC).When examining physical evidence, the appearance, properties and condition of the objects are recorded in the protocol of a separate procedural action or the protocol of a court session.
If there is reason to believe that the examined items may become objects of expert investigation, including due to the fact that during the inspection of the physical evidence, new disagreements between the parties regarding the causes of the formation of traces of exposure have not been eliminated or new disagreements have arisen regarding the causes of the formation of traces of exposure, the examined physical evidence may be photographed, videotaped and sealed.For example, a party who gained access to an object during an inspection declares the need to record the appearance and condition of the physical evidence in connection with the fear, that the other party may worsen the condition of the object before the end of the dispute (remove equipment or interior parts from the premises, remove individual spare parts from the car, etc.). In this case, you can seal the door in the room with the seal of the court, blocking access to the room until the dispute is resolved.3. Inspection of physical evidence is carried out in the order of securing evidence (Article 69 of the CPC) or during court proceedings. The inspection is aimed at examining physical evidence, and therefore, the persons involved in the case participate in the inspection.A protocol on the inspection of material evidence is drawn up for a separate procedural action (inspection of material evidence), if the inspection is carried out outside the court, or the course and results of the inspection are entered into the minutes of the court session, if the inspection is carried out at a court session. The protocol of inspection of physical evidence must comply with the requirements established by Article 282 of the CPC.An expert (experts) participates in the examination of physical evidence if an expert examination is ordered by the court and the examination is part of the expert examination of the evidence.
The protocol of inspection of physical evidence is attached to the case.4. Storage of physical evidence may entail expenses for the persons charged with storage. The costs of storing physical evidence relate to court costs (subparagraph 3) of Article 108 of the CPC), which can be distributed in accordance with the rules of Article 109 of the CPC.The indication that expenses "may be" distributed means that these expenses are distributed only if these expenses are reported by the person involved in the case before the court is removed for adjudication and the court is provided with appropriate evidence confirming the incurrence of such expenses and their amount.
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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