Comments on article 46. The rights and obligations of persons involved in the case of the Civil Procedure Code of the Republic of Kazakhstan

1. Persons participating in the case have the right to get acquainted with the case materials, make extracts from them and make copies; file challenges; present evidence and participate in their study; ask questions to other persons participating in the case, witnesses, experts and specialists; file petitions, including for taking measures to ensure to file a claim, to provide evidence, to request additional evidence, to apply conciliation procedures; to give oral and written explanations to the court; to present their arguments on all issues arising during the trial; to object to petitions and arguments of other persons participating in the case; to participate in court debates; to get acquainted with the minutes of the court session and submit written comments on it; to appeal against decisions, rulings and court orders; to enjoy other procedural rights granted by the legislation of the Republic of Kazakhstan on civil proceedings. They must exercise all their procedural rights in good faith, without abusing the rights of others, without violating their interests, and without intentionally delaying the consideration and resolution of the case.

2. The persons participating in the case are obliged to declare to the court the actual circumstances of the case fully and truthfully, to speak out or submit to the court written documents refuting the facts claimed by the other party. Failure of the persons participating in the case to fulfill their procedural duties entails the occurrence of procedural consequences provided for by this Code.

3. The parties involved in a corporate dispute have the right to request from each other documents relevant to the case, without specifying each specific document.

The Parties may not request from each other documents containing State secrets or other legally protected secrets.

4. The actions specified in parts one and two of this Article may be performed by submitting applications and petitions, documents in writing or in the form of an electronic document.

1. Article 46 of the CPC regulates the procedural rights vested in the persons participating in the case. By virtue of Article 8 of the Civil Code, citizens and legal entities, at their discretion, dispose of their civil rights, including the right to protection. The rights of the participants in the process listed in the commented article are not exhaustive.

Depending on the stage of the proceedings and the procedural status, the persons involved in the case may be granted other additional rights, for example: to transfer the case to arbitration, to file with the court that made the decision in absentia, an application for the cancellation of this decision, to choose the jurisdiction of cases, etc.

The court is obliged to create the necessary conditions for the realization of the rights of the persons participating in the case. Restrictions on the procedural rights of a person participating in the case are not allowed.Familiarization with the case materials can take place both during the trial and outside it. When reviewing the case file, the parties and third parties must present identification documents.

When asking questions to other persons involved in the case, witnesses, experts, specialists, the parties and third parties should remember that the exercise of this right should take place within the circumstances included in the subject of evidence.

During the hearing of the case, the petitions of the persons participating in the case are resolved on the basis of a court ruling after hearing the opinions of other persons participating in the case. Petitions filed outside the court proceedings must also be considered by the court in accordance with the procedure established by the procedural law.

It should be noted that the explanations of the parties and third parties are the means of proving the case.

The persons participating in the case are obliged to exercise in good faith all the procedural rights belonging to them, as well as to perform procedural duties, otherwise the court may apply procedural measures of influence provided for by the legislation on civil proceedings to unscrupulous participants in the process.

2. The persons participating in the case are obliged to declare to the court the actual circumstances of the case fully and truthfully, to speak out or submit to the court written documents refuting the facts claimed by the other party.

At the same time, the persons involved in the case, exercising their procedural rights, must respect the rights of others and strictly comply with the requirements of civil procedural legislation.

The persons participating in the case have the right to review the minutes of the court session (see the commentary to Chapter 26 of the CPC).

3. The parties involved in a corporate dispute have the right to request from each other documents relevant to the case, without specifying each specific document.

In case of non-presentation of documents by one of the parties, these documents may be requested by the court if they are important for the proper resolution of the case and a request for this has been filed.

The Parties may not request from each other documents containing State secrets or other legally protected secrets.

4. The actions specified in parts one and two of this Article may be performed by submitting applications and petitions, documents in writing or in the form of an electronic document.

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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