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Participation of the civil plaintiff and the civil defendant

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Participation of the civil plaintiff and the civil defendant

The participation of the civil plaintiff and the civil defendant in the main court proceedings should be ensured in order to fully investigate the circumstances surrounding the civil claim. Instead of the civil plaintiff and the civil defendant, their representatives may participate in the trial of the case, whose powers must be properly formalized.  At the request of the civil plaintiff or his representative, the court has the right to consider a civil claim in their absence. Although in accordance with Part 5 of art . 319 of the CPC, the non-appearance of a civil plaintiff or his representative does not stop the consideration of a civil claim, but this may affect the court's decision on the civil claim. If the victim was not released by the court from participation in the consideration of a civil claim and did not appear at the court session without a valid reason, did not apply for consideration of the claim without him, the court has the right to leave the claim without consideration, then the victim will have to apply to the court in civil proceedings to protect his property rights violated by the defendant's act (part3, Article 319 of the CPC). In accordance with part 4 of Article 319 of the CPC, the court considers a civil claim regardless of the appearance of the civil plaintiff or his representative, if the court finds it necessary or if the claim is supported by the prosecutor. 

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       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. 

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