Key Novelties in Civil Proceedings
On 21st January 2019, the Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Strengthening the Protection of Property Rights, Arbitration, Optimizing the Judicial Burden and Further Humanization of Criminal Law” (hereinafter the “Law”) was adopted. The Law came into force on 2nd February 2019.
This Law introduces significant changes in civil proceedings. It aims to reduce the workload of the courts and improve the quality of administering justice.
Let’s take a look at some of the significant changes made to the Code of Civil Procedure of the Republic of Kazakhstan.
One of the notable changes has been the transfer of indisputable cases from the court to a notary. The following categories of cases, which were previously considered in the courts for simplified proceedings, have now been transferred to the review of notaries:
When an obligation has been made based on a notarized transaction;
When a debtor fails to oblige on the payments terms of a claim settlement within the deadline period;
The performance of the obligation based on the protest of a bill of exchange in default, non-acceptance and non-donation of the acceptance made by a notary;
Cases which deal with recovery of a leased asset in accordance with the lease agreement or the laws of the Republic of Kazakhstan;
When there is a foreclosure of collateral upon the expiration of the loan repayment period which was submitted by the pawnshop to the debtor-pledger;
Cases regarding recovery of debt from owners of premises (apartments) who fail to contribute towards mandatory expenditures on the maintenance of common property of a condominium object, approved by the Law of the Republic of Kazakhstan “On Housing Relations”, with the exception of claims for the recovery of additional expenses;
Cases which deal with recovery of debt or failure to make payment within the due date for the service consumed (electricity, gas, heat, water, etc.) and other services in accordance with established tariffs;
When payment terms of the lease agreement are violated and defaulted;
When wages and other payments accrued are not paid to the employee.
The law further identified the following cases for which a court order shall be issued:
Individuals defaulting on payments of customs, taxes, special, anti-dumping, countervailing duties, penalties, interest, etc.;
On the transfer of mandatory pension contributions to the Unified Accumulation Pension Fund;
On the execution of agreements on the settlement of disputes (conflicts) in the order of mediation, concluded in the order of pre-trial settlement in cases established by law or stipulated by the contract;
On the execution of dispute settlement agreements certified by a notary in the order of pre-trial settlement in cases established by the Law of the Republic of Kazakhstan “On Notaries” or stipulated by the agreement;
On the implementation of agreements on the settlement of disputes concluded with the participation of a lawyer under a contract of assignment of the parties or lawyers and the parties in a participatory procedure in accordance with the Law of the Republic of Kazakhstan “On Lawyers and Legal Aid”;
On the execution of agreements on disputes related to business and investment activities, concluded in the order of pre-trial settlement in cases established by law or stipulated by the contract;
On the execution of agreements on insurance disputes and disputes arising from bank loan agreements concluded in the order of pre-trial settlement in cases established by law or stipulated by the agreement;
On the execution of agreements on disputes in the field of consumer rights protection, concluded in the order of pre-trial settlement in cases established by law or stipulated by the contract;
On the execution of agreements on disputes in the field of protection of intellectual property rights, concluded in the order of pre-trial settlement in cases established by law or stipulated by the contract;
When there is a defaulting of lease payments which violate the terms established by the lease agreement declared by the state body
Considering the current situation in the judicial system, we hope that these changes will improve the ways of working of the judiciary and enhance the efficiency of civil cases. Due to such changes, the work of the judicial system will focus mainly on cases where there is an issue of law, which will lead to a better consideration of court cases.
Information contained in this Client Update is of general nature and cannot be used as legal advice or recommendation. Please note that Kazakhstan is an emerging economy, and its legislation and legal system are in constant development. Should you have any questions or want to discuss matters addressed in this Client Update, please contact us.
