SOME AMENDMENTS AND ADDITIONS MADE TO THE CIVIL PROCEDURE CODE OF THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/2788-5291_2022_71_4_94Keywords:
pre-trial protocol procedure, Constitutional Court, automated information system, jurisdiction of a civil case, draft procedural documents of the courtAbstract
In order to improve the norms of civil proceedings, significant changes and additions have been made to the Civil Procedure Code of the Republic of Kazakhstan.
Today, the Civil Procedure Code of the Republic of Kazakhstan has been amended with regard to jurisdiction, an automated information system of the court, a new procedure for the pre-trial protocol and draft procedural documents of the court have been introduced, explanations have been given on the concept of subparagraph 1-1 of paragraph 1 of Article 273 of the CPC of the Republic of Kazakhstan; the institute of absentee proceedings and making a decision in absentia have also been completely excluded, and other changes.
On June 5, 2022, a referendum on amendments to the Constitution was held for the second time in the Republic of Kazakhstan. It makes a proposal to create a Constitutional Court based on citizens' appeals to restore violated human rights and freedoms and citizens. Currently, section VI of the Constitution of the Republic of Kazakhstan is devoted to the Constitutional Court. Of course, amendments to the Civil Procedure Code of the Republic of Kazakhstan on cases considered by the Constitutional Court and on the order of consideration, that is, on the jurisdiction of a civil case, will be made taking into account foreign experience. This will make it possible to improve civil procedural legislation.
One of the changes made to Article 150 of the Civil Procedure Code of the Republic of Kazakhstan is that it clearly outlined the actions of the court and the parties during the period of the claim, that is, before the initiation of the case in court and after the filing of the statement of claim in court.
This article describes in detail the features of amendments and additions to the Civil Procedure Code of the Republic of Kazakhstan. In addition, proposals for improving civil procedural legislation are presented.