The basis for making specific definitions
Improper performance of procedural evidentiary duties by persons participating in the case cannot serve as a sufficient basis for making private determinations. So, in a civil case, according to the statement of the State Institution "Department of Internal Affairs of the Zharminsky district of the Department of Internal Affairs of the East Kazakhstan region" on the expulsion of a citizen of the Russian Federation U. By virtue of the provisions of Article 163 of the CPC, the tasks of preparing a case for trial include clarifying the circumstances relevant to the case, determining the evidence that each of the parties must provide in support of their claims and objections, as well as determining the law that the court should follow. In this regard, the circumstances recognized by the court as grounds for issuing a private ruling could have been eliminated during the above-mentioned stage of civil proceedings. Making private rulings by the courts before the final decision on the case. According to Article 270 of the CPC, the court has the right to make a private ruling when cases of violations of the rule of law are identified, while the stage in which it can be made is not specifically specified. In judicial practice, there are cases of making private determinations before making a decision on a case. For example, in a civil case against K. K. M. On April 19, 2019, Aktau City Court No. 2 issued a private ruling to the Department of Justice, the Office of the State Labor Inspectorate and the Regional Chamber of Private Bailiffs of the Mangystau Region on the facts of violations committed as part of the enforcement proceedings, and on June 20, 2019, the lawsuit was dismissed based on the plaintiff's statement.
It follows from the contents of the judicial act that the failure of the above-mentioned persons to comply with the earlier court decision imposing the obligation to investigate the accident led to K.'s filing this claim. Thus, the violations identified by the court did not prevent the consideration of the case on its merits and there was no need to make a decision on the case before it was decided. In addition, paragraph 4 of the Regulatory Resolution clarifies that a private ruling is issued by the court in a conference room in the form of a separate procedural document simultaneously with the judicial act on the case under consideration. Therefore, in this part, the Regulatory Resolution is subject to correction and clarification of whether it is lawful to make private determinations at the stage of judicial proceedings.
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