Overview Of Recent Significant Developments In The Civil Procedure Code Of Kazakhstan

On 17 November 2014 significant modifications were introduced into the Republic of Kazakhstan Code of Civil Procedure (CPC). Although such changes have been widely discussed among practitioners within the context of the new Code of Civil Procedure, introduction of these novelties came as a surprise to most practitioners, even to some of the judges. Modification of the existing procedural law to reflect some of the novelties anticipated in the draft of the new CPC may indicate that the new Code is not likely to be adopted as soon as initially expected.

The modifications into the CPC, in our view, would have an overall positive effect on the delivery of justice, although some of items may raise concerns. Please see our summary below:

Introduction of the requirement to pay a state duty for filing appeals, cassation appeals, or motions to initiate a supervisory proceeding; Introduction of the new simplified category of court proceedings; Introduction of the requirement for the representatives of parties acting on the basis of a power of attorney to possess a law degree; Introduction of new rules applicable to settlement agreements; Guilt established in the course of administrative proceedings would no longer require proof in civil proceedings; Other changes. Introduction of the requirement to pay a state duty for filing appeals, cassation appeals, or motions to initiate a supervisory proceeding;

From now on, in order to file an appeal, cassation appeal, or a motion to initiate supervisory proceedings a party submitting an appeal must provide documents which proves payment of a state duty. Otherwise, the appeal would be returned. Article 535 of the Republic of Kazakhstan Tax Code, which specifies amounts of the state duty payable for filing statements of claim, was amended to reflect rates of the state duty payable for filing appeals.

A state duty payable for filing an appeal, cassation appeal, or a motion to initiate a supervisory proceeding, in relation to non-monetary claims, would equal to 50 per cent of the state duty payable for filing a non-monetary claim. For monetary claims, it would be 50 per cent of the state duty normally payable for filing monetary claims, except that it would be calculated out of the disputed amount. Thus, in order to file an appeal in a monetary claim, for example, a legal entity would have to pay 1.5 per cent of disputed amount. For individuals, the figure would be 0.5 per cent of the disputed amount.

It is without doubt, these changes will significantly reduce the number of appeals. And the parties would now be more willing to settle their claims to avoid significant costs.

Introduction of the new simplified category of court proceedings;

New Chapter 13-1 was introduced to the CPC to govern so-called simplified proceedings. This new category of civil proceedings is shorter than the ordinary proceedings, it does...