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Comments to article 32. Contractual jurisdiction of the Civil Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Comments to article 32. Contractual jurisdiction of the Civil Procedure Code of the Republic of Kazakhstan

The parties may, by agreement between themselves, change the territorial jurisdiction for this case, including in cases pending before the court, at the stage of preparing the case for trial. The jurisdiction established by Article 31 of this Code cannot be changed by agreement of the parties.This article provides for the right of the parties to change the territorial jurisdiction on the basis of an agreement between them. Such an agreement is binding on both the parties and the court and must be expressed in writing.However, this right is limited in nature, since the parties cannot change the generic and exclusive jurisdiction provided for in Article 31 of the CPC.An agreement on jurisdiction by the parties may be stipulated in the contract to be concluded before the case is considered in court, concluded in cases pending before the court.A unilateral change of jurisdiction is not allowed.

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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The court of cassation instance, if the case is considered in an illegal composition of the court or in violation of the rules of jurisdiction, is obliged to cancel both the decision of the court of first instance and the decision of the court of appeal and send the case for a new hearing to the appropriate court of first or appellate instance in a different composition of judges.

The court of cassation instance, if the case is considered in an illegal composition of the court or in violation of the rules of jurisdiction, is obliged to cancel both the d...

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