Judicial practice on recognizing a citizen as missing or declaring him dead

This summary was conducted in accordance with the Supreme Court's work plan for the first half of 2018, in order to study judicial practice in civil cases on recognizing a citizen as missing or dead, identify problematic issues when considering cases in this category, and develop proposals for the formation of uniform judicial practice and improving legislation. The generalization was carried out in accordance with the Methodological Recommendations for organizing and conducting generalizations of judicial practice in civil cases, approved by Order of the Chairman of the Supreme Court on June 20, 2005 No. 115, Standard Forms of analytical and informational documents sent by local courts to the Supreme Court, based on the study of civil cases requested from the courts of the republic, certificates based on the results of generalizations regional and equivalent courts.

Judicial practice on recognizing a citizen as missing or declaring him dead

Earlier, the North Kazakhstan Regional Court conducted a summary on this topic on behalf of the Supreme Court in the first half of 2017 through the Information base "Torelik". Regulatory legal framework The regulatory legal acts regulating these legal relations and subject to application in the consideration of cases in this category are: - The Constitution of the Republic of Kazakhstan, - The Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), – the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), - Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated September 25, 1968 No. 9 "On Judicial practice in cases of recognizing a person as missing or declaring a person dead" (as amended and supplemented by Resolutions of the Supreme Court of the Republic of Kazakhstan dated June 18, 2004 No. 14, December 29, 2012 No. 6, March 31 2017 No. 2, dated April 20, 2018 No. 7), - Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the preparation of civil cases for trial" dated December 13, 2001 No. 21 (as amended by Resolutions of the Supreme Court of the Republic of Kazakhstan dated June 23, 2006 No. 5, December 25, 2007 No. 12, December 22, 2008 No. 19, 30 December 2011 No. 5, December 29, 2012 No. 6, March 31, 2017 No. 2, January 19, 2018 No. 2, April 20, 2018 No. 7), - Normative Resolution of the Supreme Court of the Republic of Kazakhstan "On the application by Courts of certain norms of civil procedure legislation" dated March 20, 2003 No. 2 (with amendments and additions made by Resolutions of the Supreme Court of the Republic of Kazakhstan dated June 23, 2006 No. 5, December 25, 2007 No. 12, December 22, 2008 No. 19, dated December 30, 2011 No. 5, December 29, 2012 No. 6, May 20, 2016 No. 3, March 31, 2017 No. 2, January 19, 2018 No. 2, April 20, 2018 No. 7), - The Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (hereinafter referred to as the Tax Code), is the Rules for Organizing State Registration of Civil Status Acts, Making Changes, Restoring, and Canceling Civil Status Records, approved by Order No. 115 of the Minister of Justice of the Republic of Kazakhstan dated February 25, 2015, as well as other regulatory legal acts Of the Republic of Kazakhstan.  Statistical data on the number and quality of cases in this category are based on generalizations conducted by regional courts. In this category, a total of 2,687 cases were completed during the period under review, 1,900 of them were adjudicated, 1,755 were satisfied, 146 were dismissed, 161 were terminated, 602 cases were left without consideration. In 2015, the number of completed cases amounted to 908, of which 660 or 72.6% were adjudicated, including 608 with satisfaction of the application, 52 with denial of satisfaction, 37 with termination of proceedings, and 211 cases with dismissal of the claim. In 2016, the number of completed cases amounted to 855, of which 595 or 69.5% were adjudicated, including 552 with satisfaction of the application, 43 with denial of satisfaction, 55 with termination of proceedings, 200 with dismissal of the claim. In 2017, the number of completed cases amounted to 924, of which 645 or 69.8% were adjudicated, including 595 with satisfaction of the application, 51 with denial of satisfaction, 69 with termination of proceedings, and 191 cases with dismissal of the claim. It follows from the above statistics that the largest number of cases of this category in this period were completed by district and equivalent courts of Karaganda (547), Kostanay (314), East Kazakhstan (310) regions. Thus, the rates of receipt of applications for the generalized category have remained unchanged for three years. 

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