How to file a claim in court and determine jurisdiction
The statement of claim is filed in accordance with the requirements of jurisdiction and jurisdiction, the courts are responsible for civil cases of claim proceedings in disputes arising from civil, family, labor, housing, financial, economic, land and other legal relations in accordance with Article 23 of the Civil Procedure Code of the Republic of Kazakhstan. In accordance with Chapter 3 of the Civil Procedure Code of the Republic of Kazakhstan, civil cases on the above-mentioned disputes are considered and resolved by district (city) and equivalent courts, as well as specialized courts.
However, in some cases, a dispute (conflict) arising from a civil law relationship where the jurisdiction and jurisdiction of the dispute are stipulated is referred to arbitration and/or Notaries. A notary accepts cases based on indisputable contractual obligations, unless this is explicitly prohibited by Law. In most cases, claims are filed at the location of the defendant in accordance with art. 29 of the Civil Procedure Code of the Republic of Kazakhstan, which provides for the filing of a Statement of Claim to an individual at the place of residence, including those engaged in individual entrepreneurial activity without forming a legal entity. A claim against a legal entity is filed in court at the location of the legal entity according to the constituent documents and (or) the address entered in the National Register of Business Identification Numbers. A claim against an organization without forming a legal entity is filed at its location.
There are also concepts such as Jurisdiction at the choice of the plaintiff, Exclusive Jurisdiction, Contractual jurisdiction, Jurisdiction of several related cases. In order not to get confused about the jurisdiction of your Claim, you should contact the Law and Law Law Firm, which is an independent professional legal adviser and will provide legal advice by phone for free. You can call us right now and get answers to your questions in just 10 minutes. The knowledge and experience of our specialists allow Kopania to effectively represent the interests of clients in cases of any level of complexity, quickly and professionally resolve all legal issues that arise with our clients. Civil proceedings are conducted in paper or electronic format, depending on the method chosen by the plaintiff to apply to the court.
When conducting legal proceedings in an electronic format, an electronic civil case is formed. In this case, the original of the judicial act is an electronic judicial act posted in the automated information system of the court. A statement of claim can be submitted to the court through the Judicial Office of the official Internet resource of the Supreme Court of the Republic of Kazakhstan in electronic form, since the procedural acts and actions of the court and the persons participating in the case can be executed in the form of an electronic document certified with an electronic digital signature. These documents are equivalent to written documents. You can also file a statement of claim through the court's office or send a Claim to the court where your Statement of Claim is under jurisdiction by registered mail with a notification of its delivery to the addressee.
When sending a statement of claim by mail, you must keep a receipt in your hands in case the letter does not reach the court office. The statement of claim must be filed with the court in several copies so that it is sufficient for all parties. If the court accepts this document, the decision is made in the form of a ruling on the acceptance of the statement of claim for consideration. After that, the case is initiated in the first instance.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
