Disputes related to the upbringing of children, decisions, verdicts and other court decisions are binding throughout the Republic.
Sh. He filed a lawsuit against K. to determine the place of residence of minor children together with him. By the ruling of the specialized interdistrict Juvenile Court of the North Kazakhstan region dated December 27, 2017, the civil case was terminated. Sh. returned the state fee in the amount of 3,419 tenge in accordance with Article 548 of the Tax Code of the Republic of Kazakhstan. With S. in favor of K. the incurred court costs for the provision of legal assistance by a representative in the amount of 20,000 tenge were recovered. By the ruling of the Judicial Board for Civil Cases of the North Kazakhstan Regional Court dated February 5, 2018, the ruling of the court of first instance remained unchanged. With S. in favor of K. the costs of paying for the services of a representative in the court of appeal in the amount of 10,000 tenge were collected. The Judicial Board for Civil Cases of the Supreme Court left the judicial acts of the local courts unchanged, and the petition of Sh. without satisfaction on the following grounds. It follows from the case file that the parties had been in a registered marriage since 2003, which was dissolved by the decision of the Petropavlovsk City Court No. 2 dated September 2, 2015. They have three minor children from a joint marriage: A., born on September 19, 2007, I., born on July 9, 2010, and T., born on July 9, 2010. By the decision of the specialized interdistrict Juvenile Court of the North Kazakhstan region dated February 18, 2016, the place of residence of minor children was determined with the mother of K. Sh. He filed a lawsuit to determine the place of residence of minor children with him. At the same time, the plaintiff motivated his claims by the achievement of his son A. at the age of ten, who, in accordance with the requirements of Article 62 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", has the right to express his opinion, as well as the attachment of the child to his brothers. The court of first instance, with which the appellate instance agreed, pointing out that there is a court decision that has entered into force, made in a dispute between the same parties, on the same subject and on the same grounds, with reference to subparagraph 2) of Article 277 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter – CPC), came to the conclusion on the termination of the proceedings. These conclusions of the courts are based on the norms of the law and correspond to the circumstances of the case.
In accordance with article 76 of the Constitution of the Republic of Kazakhstan, decisions, verdicts and other court rulings are binding throughout the Republic. By virtue of Part 2 of Article 21 of the CPC, judicial acts that have entered into force are binding on all citizens and are subject to execution throughout the territory of the Republic of Kazakhstan. The case was established and confirmed by the parties at a court hearing by the decision of the specialized interdistrict Juvenile Court of the North Kazakhstan region dated February 18, 2016, the place of residence of the children with K.'s mother, which has not yet been executed.
The stated circumstances indicate that there is an abuse of law on the part of Sh., since it is unacceptable to file a similar claim with the court in the presence of an unfulfilled court decision that has entered into legal force. Reaching the age of ten by one of the children is not a new reason for going to court, since the opinion of one child will contradict both his interests and the interests of younger children. In the circumstances described, there are no grounds to declare the judicial acts in the case illegalstated circumstances indicate that there is an abuse of law on the part of Sh., since it is unacceptable to file a similar claim with the court in theified.
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