Article 442. Return of the cassation appeal or protest of the prosecutor of the Civil Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 442. Return of the cassation appeal or protest of the prosecutor of the Civil Procedure Code of the Republic of Kazakhstan

1. The cassation appeal or protest of the prosecutor is subject to return to the persons who submitted them, on the following grounds:

1) the cassation appeal or protest of the prosecutor does not comply with the requirements of parts 1-1 of Article 435, Articles 440 and 441 of this Code;

2) the cassation appeal or protest of the prosecutor is filed by persons who, in accordance with Article 435 of this Code, do not have the right to challenge or protest the judicial act that has entered into legal force.;

3) the cassation appeal or the prosecutor's protest was filed after the expiration of the period specified in the first part of Article 436 of this Code, and there are no valid reasons for its restoration.;

4) prior to the consideration of the cassation appeal or the prosecutor's protest, they were withdrawn;

5) in case of termination of the cassation proceedings in the cassation instance court in connection with the rejection of the cassation appeal;

6) the cassation complaint or protest of the prosecutor has been filed with the court of cassation instance in violation of the appeal procedure established by this Code.;

7) there is a decision of the court of cassation instance on leaving the cassation appeal without satisfaction on the complaint of the same participant in the process;

8) the cassation appeal on challenging the judicial act is not accompanied by a document confirming the payment of the state fee.

2. The court of cassation instance shall issue a decision on the return of the cassation appeal or protest of the prosecutor on the grounds provided for in subparagraphs 3), 4) and 5) of the first part of this Article. In other cases provided for by the sub-paragraphs 1), 2), 6), 7) and 8) of the first part of this Article, the complaint or protest is returned by a letter from the judge within five working days.

3. If the deficiencies that served as the basis for the return of the cassation appeal or protest of the prosecutor are eliminated, they may be filed again on general grounds.

4. The prosecutor has the right to return to the applicant a petition for bringing a cassation protest in order for him to file a cassation appeal for a cassation review of the judicial act directly to the court of cassation instance, if this right has not been exercised by him, except in cases where the petition is filed in compliance with the requirements of Article 441 of this Code by the persons listed in the first part of Article 112 of this Code.

President

Republic of Kazakhstan

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