Jurisdiction - Claims for establishing paternity and for collecting alimony may also be filed by the plaintiff at his place of residence.
By virtue of part 1 of Article 29 of the CPC, a claim is filed in court at the defendant's place of residence. Claims for establishing paternity and for collecting alimony may also be filed by the plaintiff at his place of residence in accordance with part 4 of Article 30 of the CPC. Disputes of the generalized category in accordance with Part 3 of Article 27 of the CPC are subject to consideration and resolution in specialized inter–district juvenile courts (hereinafter referred to as the juvenile court). At the same time, in order to ensure the exercise of the right of access to justice, at the request of the legal representatives of a minor, cases within the jurisdiction of a specialized interdistrict juvenile court may be considered or may be transferred to the district (city) court at the child's place of residence (location), with the exception of cases within the jurisdiction of district (city) courts, located within the city of republican significance and the capital, regional centers. The petition may be filed before the completion of the preparation of the case for trial. The study showed that, in general, the norms of the procedural law on the rules of jurisdiction are respected.
Jurisdiction - Claims for establishing paternity and for collecting alimony may also be filed by the plaintiff at his place of residence.
However, there are isolated cases of cancellation of judicial acts due to the incorrect referral of the case to another court. Thus, according to Zh. to M.'s claim for establishing paternity and collecting alimony, it was initially accepted into the proceedings of the juvenile court of the West Kazakhstan Region. In the case, it was established that the father of the child, defendant M., left for the city of Astana, where he has a permanent place of residence. By the ruling of the Juvenile Court of the West Kazakhstan Region dated January 25, 2017, this case was sent to the Juvenile Court of Astana city for jurisdiction at the request of the plaintiff to transfer the case for consideration by the court at the defendant's place of residence. According to Part 1 of Article 34 of the CPC, a case accepted by a court for trial in compliance with the rules of jurisdiction must be resolved on its merits, at least later it became the jurisdiction of another court. In addition, the claim was under consideration by the court at the place of residence (location) of the plaintiff and her child, therefore, this dispute was not subject to consideration in the juvenile court of Astana. By the ruling of the Supreme Court judge dated March 1, 2017, this civil case was referred to the jurisdiction of the juvenile court of the West Kazakhstan Region.
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