APPLICATION AND COMPLIANCE WITH DEADLINES WHEN CONSIDERING COMPLAINTS BY THE COURTS OF THE REPUBLIC OF KAZAKHSTAN ON THE ACTIONS (INACTION) OF PRIVATE BAILIFFS
Keywords:
appeal of actions (omissions), court, court decision, private bailiff, debtor, recoverer, enforcement documents, writ of execution, termsAbstract
The topic of the article is devoted to the legal analysis of the procedure for appealing actions (omissions) of a private bailiff in court, calculation and compliance with procedural deadlines. Action of the court when the claimant or debtor submits a complaint after the expiration of the period established by part one of article 250 of the CPC of the Republic of Kazakhstan, and there is no request to restore the missed period. Repeated appeal to the court with the application for reinstatement of the missed deadline attached to the complaint. Examples are given, with a tab of procedural documents on the application of the Statute of limitations by courts and the return/abandonment of complaints without consideration. Description of judicial practice on the actions of the applicant / plaintiff, who, when filing a complaint and during the trial, does not provide evidence of the validity of the reasons for missing the Statute of limitations, limited only to stating the fact of the omission itself, ignoring the obligation to prove the validity of the reason for the omission. All this leads to the fact that during the trial, the reasons are not established and, accordingly, the Statute of limitations is not restored [1].
It should be noted that the restoration of the missed deadline is decided by the court at the stage of accepting the complaint in accordance with part two of article 126 of the CPC of the Republic of Kazakhstan.
Let us draw attention to the observance, suspension, extension and restoration by the courts of procedural deadlines in connection with the introduction of a state of emergency. Whether the state of emergency affects the calculation of procedural terms. Whether the court is obliged to extend or restore the procedural term missed due to the introduction of the state of emergency in the Republic of Kazakhstan.