Article 152. Return of the claim of the Civil Procedure Code of the Republic of Kazakhstan
1. The judge returns the claim if:
1) the plaintiff has not complied with the procedure for pre-trial or out-of-court dispute settlement established by law for this category of cases or stipulated by the parties' agreement, and the possibility of applying this procedure has not been lost.;
2) the case is beyond the jurisdiction of this court;
3) the claim does not comply with the requirements of Article 148, subitems 1), 2), 3) and 5) of Part one, parts 1-1 of Article 149 of this Code and it will be established that it is impossible to eliminate deficiencies at the stage of preparing the case for trial.;
4) the application was submitted by an incompetent person;
5) the application is signed by a person who does not have the authority to sign or present it.;
6) in the proceedings of the same or another court or arbitration, there is a case on a dispute between the same parties, on the same subject and on the same grounds;
7) an agreement has been concluded between the parties in accordance with the law on the transfer of the dispute to arbitration, unless otherwise provided by law.;
8) the body authorized to manage communal property has applied to the court for recognition of the right of communal ownership of an immovable thing before the expiration of one year from the date of registration of this thing by the body carrying out state registration of the right to immovable property, with the exception of the case specified in paragraph 3 of Article 242 of the Civil Code of the Republic of Kazakhstan;
9) the plaintiff has declared the return of the claim filed by him.
2. The judge issues a ruling on the return of the claim, in which he indicates which court the person should apply to if the case is beyond the jurisdiction of this court, or how to eliminate the circumstances preventing the initiation of a civil case. The ruling must be issued within five working days from the date of receipt of the claim in court and handed over or sent to the plaintiff with all attached documents.
3. The return of the claim does not prevent the plaintiff from filing a lawsuit against the same defendant again, on the same subject and on the same grounds, if they eliminate the violation.
4. A private complaint may be filed against a court ruling on the return of a claim, or a motion may be filed by the prosecutor with the court of appeal, whose decision is final.
President
Republic of Kazakhstan
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