Comments on article 101. Return of written evidence of the Civil Procedure Code of the Republic of Kazakhstan

1. The originals of written evidence, as well as personal letters available in the case, at the request of the persons who submitted them, shall be returned to them after the court decision enters into force.2. Prior to the entry into force of the decision, written evidence may be returned to the persons who submitted it, if the court finds it possible.

3. Upon the return of the original written evidence, a copy (photocopy) of the written evidence, certified by the judge, shall be left in the case.

4. Evidence on tangible media is kept in the file. After the court's decision has entered into legal force, this evidence may be returned by the court to the person who provided it at his request. A copy of the record remains in the file in all cases.At the request of a person participating in the case, he may be given a copy of the recording made at his expense. A receipt is selected for receipt of a copy of the record.This article regulates the procedure for the procedural action on the return of written evidence.

1. The first part of this article establishes the general rule that the originals of written evidence, including personal letters, are returned to the persons who submitted them after the court decision enters into force. This rule is conditioned by the possibility of appealing or appealing against a court decision regarding the legal assessment of written evidence and the need in this case to verify the disputed written evidence.The person who provided the original written evidence must file a petition for the return. The need to return written evidence may be due to its further use by the person who provided the evidence (for example, they are asked to return the originals of accounting documents, the register of notarial acts, the materials of an internal audit, etc.).

The rules of the first part of this article shall also apply in the event of the termination of the case without a court decision, upon termination of the proceedings or abandonment of the claim without consideration.The petition is considered by the judge without holding a court session and notifying the persons involved in the case. The judge indicates the return of the original written evidence in the resolution on the petition. A receipt is taken from the person who submitted the original written evidence.2. The second part of this article provides for an exception to the general rule - written evidence may be returned even before the decision enters into force. The resolution of this issue is at the discretion of the court, which finds it possible.

The return of written evidence before it enters into legal force is possible if the persons involved in the case do not dispute the existence in the written evidence of certain information about the factual circumstances (relevance) and the admissibility of this evidence.

If a request for the return of the original written evidence is filed by a person participating in the case at a court hearing, the court has the right to issue a ruling with its entry in the minutes of the court session.

3. Upon the return of the original written evidence, a copy (photocopy) of it shall be left in the case file. The judge attests to the accuracy of a copy of the original evidence with the inscription "The copy is correct", his signature and an impression of the seal or stamp of the court.The presence of such a copy makes it possible for the courts of appeal and cassation to verify the validity of the conclusions of the court of first instance in relation to certain facts.

4. Evidence on tangible media is kept in the file.With regard to evidence on tangible media, the rule is that it can be returned to the person who provided it only after the decision enters into force. A petition is filed for the return of evidence on tangible media, which is considered by a judge without holding a court session. The judge indicates the return of evidence on tangible media in the resolution on the petition. On receipt of evidence on tangible media, a receipt is taken from the person who submitted it.

This rule also applies if the court has terminated the proceedings or dismissed the claim.Before the return of evidence on tangible media, copies are made of them, which remain in the file.At the request of the person participating in the case, a copy of the recording may be given to him. Making a copy of the recording at the expense of the person means that the material medium to which the recording is being made is provided by the person who submitted the application. Upon receipt of a copy of the record, a receipt is taken from the person participating in the case, which is attached to the case.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

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