Transfer of cases under the jurisdiction of the specialized juvenile court
19 juvenile courts have been established in the Republic of Kazakhstan: two courts each in the Almaty, East Kazakhstan and Karaganda regions and one court each in all regional centers, the cities of Astana and Almaty. Disputes of the generalized category in accordance with part 3 of Article 27 of the Civil Procedure Code (hereinafter referred to as the CPC) are subject to consideration and resolution in specialized inter–district juvenile courts (hereinafter referred to as the juvenile court). At the same time, in order to ensure the exercise of the right of access to justice, at the request of the legal representatives of a minor, cases within the jurisdiction of a specialized interdistrict juvenile court may be considered or may be transferred to the district (city) court at the child's place of residence (location), with the exception of cases within the jurisdiction of district (city) courts, located within the city of republican significance and the capital, regional centers. The petition may be filed before the completion of the preparation of the case for trial.
Transfer of cases under the jurisdiction of the specialized juvenile court
The generalization showed that there are facts of unjustified transfer of cases under the jurisdiction of the specialized juvenile court to the courts of general jurisdiction. For example, by the ruling of the Juvenile Court of the South Kazakhstan region (hereinafter referred to as the South Kazakhstan region) dated September 21, 2017, the case on the claim of the State Department of Education of the Maktaaral district for the deprivation of T.'s parental rights was transferred at the request of the defendant, the child's mother, to the district court at her place of residence, while the child was in the Central This is where the juvenile court is located. There are also cases of cancellation of judicial acts due to violations of the rules on jurisdiction. Example: In the case of the claim of Sh., O. to S., Ts., F. on determining the order of communication with the child, it was established that the child's father, defendant F., and the child himself are citizens of the Russian Federation, where they have permanent residence. According to paragraphs 1, 3 of Article 32 of the Minsk Convention, the court of the Contracting Party in whose territory the children permanently reside is competent in cases of legal relations between parents and children. Since the child has a permanent place of residence in the Russian Federation, and was temporarily in the Republic of Kazakhstan, this dispute was not subject to consideration in the courts of the Republic of Kazakhstan. The generalization showed that plaintiffs often file lawsuits directly to the court of general jurisdiction without applying to the juvenile court with a request for consideration of the case in this court at the place of residence (location) of the child. However, it follows from the content of part 3 of Article 27 of the CPC that such a petition may be filed before the completion of the preparation of the case for trial, which implies the need to apply to the juvenile court, which resolves the petition. Since the claim must be filed in compliance with the rules of jurisdiction and the issue of transferring the case to a court of general jurisdiction must be decided by a juvenile court, consideration should be given to amending Part 3 of Article 27 of the CPC by deleting the words: "may be considered or".
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