Simplified procedure in civil courts of Republic of Kazakhstan

Code of Civil Procedure of the Republic of Kazakhstan provides along with the lawsuit, special suits and special proceedings and simplified procedure. Simplified procedure, in turn, has two branches:

- Writ proceedings;

- Simplified (written) procedure.

             Writ production starts with the receipt and acceptance of the application to the production of a court order. This statement must comply with the requirements of Art.136 Code of Civil Procedure of RK. Since an application was filed to the Court, the judge has three working days to issue a judicial order. The court order, after its adoption, shall be sent to the debtor. The debtor may, within ten working days to send to the court that issued the writ, an objection to the claimed requirements. In this case, the objection must be supported by appropriate evidence. Judge cancels trial order, if the debtor within a reasonable time protests to the declaration requirement, or if another person makes application, the rights and obligations of whom were affected by court order. The applicant, after canceling of court order may apply to the judicial authorities of the Republic of Kazakhstan with the request, but in the order of lawsuit proceedings.

           The court order is issued based on the following categories of cases:

- On the implementation of commitments, based on the notarized transaction;

- On the implementation of commitments, based on a written transaction, which execution deadline came and failure of the debtor to be recognized, including in response to a claim directed to the collector in the order of pre-trial settlement of the dispute;

- On the implementation of commitments, based on the bill of exchange protest for non-payment, non-acceptance and undated acceptance committed by a notary;

- Alimony on the maintenance of minor children who are not related to the establishment of paternity (maternity), or the need to involve third parties;

- To recover from individuals back taxes and other obligatory payments to the budget and penalties, as well as the debt on customs payments, taxes and fines;

- On the recovery of accrued but not paid to the employee wages and other payments, including for the transfer of mandatory pension contributions in the Single accumulative pension fund;

- For reimbursement of expenses to search for the debtor, the defendant and (or) a child, declared by the authorized bodies;

- For the recovery of the leased asset, in accordance with the lease agreement or the laws of the Republic of Kazakhstan;

- To foreclose on the collateral at the end of the loan repayment period, the pawnshop brought against the debtor, mortgagor;

- To recover the debt from the owners of premises (apartments), deviating from participation in mandatory spending for the maintenance of the common property of the condominium object, approved by the Law of the Republic of Kazakhstan "On Housing Relations", with the exception of claims for the recovery of the additional costs;

- Debt collection on the basis of public contracts for services actually consumed (electricity, gas, heat, water, etc.), as well as other contracts for services according to the tariffs for which the payment became due;

- A one-time recovery of remuneration under the contract on passage of military service, in the event of early termination of the contract on the initiative of a soldier;

- On the recovery of the amounts spent on the training of cadets of educational institutions, training or services passing ceased voluntarily and dismissed or expelled on the grounds provided by the legislation of the Republic of Kazakhstan, before the expiry of the term of the contract;

- On the recovery of state grants to individuals who discontinued the training or not returned to the Republic of Kazakhstan after graduation in a foreign country, or violated the obligation to return the grant agreement;

- On the recovery of state grants, lifting, benefits to young professionals, aimed to the countryside, in the case of non-performance or improper performance of their obligations under the contracts;

- The return to the budget paid lump-sum payments in connection with the adoption of orphans and (or) a child left without parental care, in case of cancellation of adoption;

- About collecting rent payments because of their failure to pay within the period specified by the lease contract;

- For the recovery of costs of proceedings terminated by the criminal prosecution criminal cases.

In the case of not receiving an objection from the debtor in a reasonable time, from stakeholders an application for cancellation of a court order, a court order is issued to the applicant. The court order has the force of executive document.

            Simplified (written) procedure is a very young institution for the procedural law of the Republic of Kazakhstan, the Institute appeared in 2014. In accordance with par. 1, Art. 145 Code of Civil Procedure of Kazakhstan: in summary (written) made subject to consideration of the case:

- On the statements of claim for the recovery of money, if the claim for legal entities is no more than seven hundred monthly calculation indices, for individual entrepreneurs, citizens - two hundred monthly calculation indices;

- Irrespective of the amount of the claim on the statements of claim, based on documents submitted by claimant establishing the monetary obligations of the defendant, and (or) on the documents confirming the debt under the contract;

- Implementing arrangements for the settlement of disputes (conflicts) in the order of mediation, the prisoners in pretrial settlement in the cases specified by law or specified in the agreement;

- On the implementation of the settlement agreement, certified by a notary public in order of pre-trial settlement in the cases established by the Law of the Republic of Kazakhstan "On notary" or stipulated in the contract;

- On the implementation of the settlement agreement concluded with the participation of a lawyer under an agency agreement of the parties or the lawyers and the parties in order of participatory procedures in accordance with the Law of the Republic of Kazakhstan "On Advocacy";

- Implementing arrangements on disputes related to business and investment activities of prisoners in pretrial settlement in the cases specified by law or specified in the agreement;

- Implementing arrangements for insurance disputes and disputes arising from bank loan contracts concluded by way of court settlement in the cases established by law or specified in the agreement;

- Implementing arrangements on disputes in the area of ​​consumer protection rights of prisoners in pretrial settlement in the cases specified by law or specified in the agreement;

- Implementing arrangements on disputes in the sphere of protection of intellectual property rights, prisoners in pretrial settlement in the cases specified by law or specified in the agreement;

- Implementing arrangements on disputes in the area of ​​marriage and family relations, prisoners in pretrial settlement in the cases specified by law or specified in the agreement;

- Implementing arrangements on disputes concerning the publication of information refuting discrediting the honor, dignity or business reputation of a citizen or business reputation of a legal entity, any response in the mass media;

- On the implementation of other agreements concluded in the order of pre-trial settlement of disputes in cases specified by law or specified in the agreement.

             The Court considers the case in summary (written) procedure within one month from the date of the statement of claim, without summoning the parties, based only at the plaintiff's statement of claim and attached evidences, as well as on the objection of the defendant and attached evidences. The defendant is entitled to apply to the court that issued the decision in summary (written) procedure the statement on the abolition of the decision within five working days of receipt of a copy of the Court's judgment. The application is submitted in the case, if the defendant was not properly informed of the receipt of the statement of claim and review it in a simplified (writing) procedure and was unable to submit a review, as well as evidence that may affect the content of the decision. The decision may be appealed by the parties or by the prosecutor in the appellation order after the expiration of the term to submit an application to overturn the decision, and if the application is submitted, - within one month after the Court's ruling on refusal to satisfy this request.