Comments on article 43. The composition of persons involved in the case of the Civil Procedure Code of the Republic of Kazakhstan
1. Parties; third parties; the prosecutor; state bodies; local self-government bodies; legal entities or citizens who enter into the process on the grounds provided for in Articles 55 and 56 of this Code; applicants and other interested persons in cases considered by the court in the order of special proceedings listed in Article 302 of this Code are recognized as persons participating in the case. The Code.2. The composition of the persons participating in the case is determined by the content of the subject matter and the grounds for the claims, objections of the parties and other persons participating in the case, and the laws to be applied.1. The commented article contains an indication of the subjects who are the persons involved in the case, they are recognized as:1) the parties are the plaintiff and the defendant; 2) third parties who make independent claims on the subject of the dispute; 3) third parties who do not make independent claims on the subject of the dispute; 4) the prosecutor; 5) persons who apply to the court for protection of the rights, freedoms and legitimate interests of others; 6) persons who join to enter the process in order to give an opinion on the case; 7) applicants and other interested persons in cases of special proceedings; 8) interested persons.2. The legal status of the subjects participating in the civil process is determined by the categories of civil cases and the type of legal proceedings. For example: having their own interest in the process - parties and third parties in the claim proceedings; applicants and other interested persons - in cases of special proceedings; the prosecutor, persons applying to the court for protection of the rights, freedoms and legitimate interests of other persons - in cases arising from public legal relations of public interest.The persons involved in the case are participants in the civil process, who are united by the following characteristics::
1) they act independently in civil proceedings, that is, they perform the appropriate procedural actions on their own behalf; 2) they have their own legal interest in the outcome of the case.The status of a person participating in the case arises from the moment the relevant application is submitted or from the moment the court is involved in 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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