Comments on article 263. Powers of the Court of the Civil Procedure Code of the Republic of Kazakhstan

The court, having considered the application for the cancellation of the absentee decision, issues a ruling on the refusal to satisfy the application or on the cancellation of the absentee decision and the resumption of consideration of the case on its merits in the same or another composition of the court.The list of powers of the court considering the application for cancellation of the absentee judgment is exhaustive.In the event that the reason for the defendant's non-appearance is not recognized as valid and (or) the defendant does not have serious and convincing evidence to refute the decision, the court issues a ruling on the refusal to satisfy the application. In this case, the parties may appeal the decision to the court of appeal or cassation within one month from the date of the ruling.If the application is satisfied by the court, then the consideration of the case on the merits in the same or a different composition of judges is resumed.The grounds for granting the application and revoking the absentee decision are provided for in Article 265 of the CPC (see comment).The decision taken on the application for cancellation of the absentee decision is formalized by a court ruling.The civil procedure legislation does not provide for the possibility of appealing a court's refusal to satisfy an application for revocation of a decision in absentia. Objections to it may be included in an appeal or cassation appeal.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases