The issues of involving interested parties should be resolved during the preparation of cases for trial.
A study of the submitted cases showed that in some cases, when considering cases of this category, the courts did not find out which individuals and organizations were interested in resolving the case to establish a legal fact and were subject to summons to court. Not involving persons legally interested in the outcome of the case to participate in the trial contradicts the provisions of Article 304 of the CPC, according to which the court considers special proceedings with the participation of the applicant and interested persons. During the preparation of the case for trial, the judge is obliged to find out why the applicant needs to establish the fact, which persons and organizations may be interested in resolving the case and are subject to summons to the court session. Interested persons may be involved at the request of the applicant, at the initiative of the court, or at the request of the person concerned. As a rule, the NAO "Government for Citizens State Corporation", city departments of employment, social programs and civil registration under akimats, guardianship and guardianship authorities under akims are involved as interested parties when the issue of establishing the fact of recognition of paternity in relation to minor children is raised, as well as the Department of Justice, education departments (Atyrau City Court, Aksu District Court of Almaty region, Uralsk city Court No. 2).
As mentioned above, in the vast majority of cases, the basis for applying to the court and establishing the fact of recognition of paternity by the court is caused by the need to grant the child a survivor's pension in accordance with the Law of the Republic of Kazakhstan "On State Social benefits for Disability, Survivor's loss and age in the Republic of Kazakhstan", entry into inheritance rights. In this regard, the practice of the courts of the Karaganda and Pavlodar regions seems to be correct, which, upon receipt of applications related to the need for a survivor's pension, involve the Department of the Committee of Labor and Social Protection and Migration of the Ministry of Health and Social Development of the Republic of Kazakhstan in the region as an interested party. The competence of these bodies includes consideration of issues of assigning state social benefits in case of loss of the breadwinner. At the same time, the study showed that some courts did not clarify the circle of persons and organizations interested in the outcome of the case, and did not take measures to involve them in the process. It seems that if the establishment of the fact of recognition of paternity or the fact of paternity is necessary for the applicant to register the inheritance, the courts should request information from the notary chamber on the existence of the inheritance opened after the death of the person, as well as a certificate of registered property rights.
Upon receiving a positive response, the circle of heirs should be established and they should be involved in the case as interested parties. The study established that rulings on the initiation of proceedings, the preparation of the case for trial, and the appointment of the case for a hearing are issued from one date. Judges use pre-prepared templates of definitions on the preparation of a case for trial in cases of claim proceedings, which indicate the need to invite the plaintiff and the defendant to a conversation, explain their rights and obligations, etc., while these cases are considered in a special proceeding.
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