SOME PROBLEMS AND PROSPECTS OF IMPROVEMENT OF CIVIL PROCEDURE CODE OF THE REPUBLIC OF KAZAKHSTAN
Keywords:
civil litigation, a court, an attorney, new circumstances, newly reviled circumstancesAbstract
The article presents the main results of the analysis of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter - the CPC of the RoK) as amended. The analysis identified areas for further improvement of civil procedural legislation and relevant recommendations.
The CPC of the RoK contains a number of novels. These novels relate to the simplification of civil proceedings with aspiration to ensure the acceleration of the court procedural activities to the protection and restoration of violated subjective rights and legitimate interests of individuals or legal entities. Moreover, such novels facilitate persons (involved in a trial) to fulfil procedural responsibilities based on the criteria of good faith.
At the same time some legal provisions of the CPC of the RoK need to be further developed. If the rules of substantive law may be fixing a common legal structure of a public relation, but in the rules of the procedural law, it is necessary to fix the detailed content of relevant procedural institutions regulating the content of the procedural rights and responsibilities.
In this regard, the author’s analysis of some institutions and provisions of the CPC of the RoK from the prospective of its vulnerability is timely and allows determining the direction of further improvement of the legislation in this area.
The article provides general description of the CPC of the RoK novels. The author pays special attention to some of the institutions and norms of the Code, which, in the author’s opinion, need to be reviewed and further improved.
The author pays special attention to the issue of participation of an attorney in the civil litigation, division of notions “new” and «newly reviled circumstances», problem of duplication of certain categories of cases referred to the writ and simplified (written) proceedings.
According to the author, legislator has performed extensive work on the improvement of civil procedural legislation. At the same time, there is need to continue the analysis of legislation and legal practice in order to develop proposals for the improvement of justice administration in civil cases.
