Article 451. Powers of the Court of Cassation instance of the Civil Procedure Code of the Republic of Kazakhstan

     1. Based on the results of consideration of the cassation appeal, the cassation instance court issues a ruling.

     2. The court of cassation, in conditions that exclude the presence of unauthorized persons and the disclosure of the secrecy of the meeting, makes one of the following decisions:

     1) leaves the ruling, the decision of the court of appeal in force, and the cassation appeal or protest without satisfaction;

     2) repeals the ruling, the decision of the court of appeal and leaves in force the ruling, the decision of the court of first instance;

     3) repeals the decision of the court of appeal and sends the case for a new hearing to the court of appeal with a different composition of judges in the event of violations provided for in Article 427 of this Code.;

     4) repeals the decision of the court of first instance, the decision of the court of appeal and sends the case for a new hearing to the court of appeal with a different composition of judges in case of violations provided for in Article 427 of this Code.;- Excluded by the Law of the Republic of Kazakhstan.

     5) repeals the ruling, the decision of the court of first instance, the ruling and the decision of the court of appeal in whole or in part and sends the case for new consideration to the court of appeal or, if the case was not considered in the court of appeal or on the merits, to the court of first instance.;

     6) revokes the decision, resolution and ruling of the courts of the first or appellate instance in whole or in part and terminates the proceedings on the grounds provided for in Article 277 of this Code in connection with the approval of a settlement agreement, an agreement on the settlement of a dispute (conflict) through mediation or an agreement on the settlement of a dispute through a participatory procedure, or leaves a statement without consideration on the grounds provided for in the sub-paragraphs 2), 3), 4), 5), 9) and 10) Article 279 of this Code;

     7) repeals the rulings of the courts of first and appellate instances on the restoration of the procedural time limits for appeal and sends the case for consideration of the appeal to the court of appeal;

     8) modifies the decision, ruling, resolution of the courts of first instance or of the appellate instance, or, having overturned the decision, ruling, resolution of the court of first instance or resolution, ruling of the court of appeal in whole or in part, without transferring the case for a new hearing, issues a new judicial act if the circumstances of the case are established by the court of first instance or appellate instance fully and correctly, but a mistake was made in the application of substantive law;

     9) leaves unchanged, cancels or modifies the cassation decision in cases of its revision on the grounds provided for in part six of Article 438 of this Code, with the adoption of one of the procedural decisions provided for in subparagraphs 1) -8) of part two of this Article.

     3. When judicial acts are annulled and a case is referred for a new hearing, the court of cassation has no right to prejudge questions about the reliability or unreliability of a particular evidence, the advantage of some evidence over others, which rule of substantive law should be applied, as well as what decision should be made during a new hearing of the case.

     4. The court of cassation instance has no right to establish or consider proven circumstances that were not specified in judicial acts or not refuted by it.

     4-1. Instructions on the need to perform the procedural actions set out in the decision of the court of cassation instance, in case of cancellation of judicial acts and transfer of the case for a new hearing, are mandatory for the court reviewing the case.

     5. If the court has made a correct decision, but violations provided for in parts one and two of Article 427 of this Code have been committed, the decision shall specify the motives, norms of substantive and procedural law, according to which judicial acts are left unchanged.

     6. The operative part of the resolution is announced in the courtroom.

     7. The final resolution must be prepared within ten working days.

8. Consideration of the case in the cassation instance in case of cancellation by the Supreme Court of the Republic of Kazakhstan of the decision of the cassation instance with the referral of the case for a new judicial review to the court of cassation instance is carried out according to the rules of this chapter.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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