NON-COMPLIANCE WITH UNIFORMITY IN JUDICIAL PRACTICE AS A BLOW TO PUBLIC CONFIDENCE TO THE JUDICIAL BRANCH

Authors

  • Marat Asanuly Yestemirov

DOI:

https://doi.org/10.52026/2788-5291_2021_67_4_54

Keywords:

uniformity, judicial practice, challenging decisions of the general meeting, inclusion of a claim in the register of creditors' claims, voting in the creditors' meeting, shared ownership, consequences of the invalidity of the transaction

Abstract

Sometimes we witness a situation when, on the part of local courts, uniformity in the interpretation and application of legal norms in the resolution of civil disputes is not observed. In our opinion, in addition to the local judicial corps, the country's legal community should also take an active part in resolving this issue and improving this situation.

In the current version of paragraph 3) paragraph 6 of Article 438 of the Civil Procedure Code of the Republic of Kazakhstan "cases when the adopted resolution violates the uniformity in the interpretation and application of the law by courts" is one of the grounds for the review in cassation of judicial acts that have entered into force, specified in parts three and five of Article 434 of the CPC RK.

The author, using the example of specific civil law disputes, draws the reader's attention to the facts of non-compliance with uniformity in judicial practice. The given examples are placed in the following blocks as, corporate law, bankruptcy law, transactions, property law, obligations from causing harm. According to the author, non-compliance with uniformity in the resolution of civil law disputes may negatively affect public confidence in the entire judicial corps. The judicial branch of government, which has high trust in society, is one of the reliable supports in attracting investment. Considering this, the author suggests not to leave this issue without attention by local legal community.

Published

30.12.2021

How to Cite

Yestemirov М. А. . (2021). NON-COMPLIANCE WITH UNIFORMITY IN JUDICIAL PRACTICE AS A BLOW TO PUBLIC CONFIDENCE TO THE JUDICIAL BRANCH . Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(67). https://doi.org/10.52026/2788-5291_2021_67_4_54