Jurisdiction of civil cases claims against an individual are filed at his place of residence; against a legal entity - at his place of residence according to the constituent documents
The jurisdiction of cases is determined in accordance with the general rules of jurisdiction provided for in Article 29 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC): claims against an individual are filed at his place of residence; against a legal entity – at his place of residence according to the constituent documents and (or) the address entered in the National Register of Business Identification Numbers. A claim against an organization without forming a legal entity is filed at its location. If a claim is to be brought against several defendants residing or located in different places, then jurisdiction is determined according to the rules of part 12 of Article 30 of the CPC, that is, at the place of residence or location of one of the defendants at the plaintiff's choice. It is allowed to apply the rules of contractual jurisdiction provided for in Article 32 of the CPC, when the parties, by agreement among themselves, determine in which court their dispute will be considered. According to Part 9 of Article 30 of the CPC, consumer protection claims may be filed at the plaintiff's choice, namely at the plaintiff's place of residence or at the place of conclusion or execution of the contract.
Jurisdiction of civil cases claims against an individual are filed at his place of residence; against a legal entity - at his place of residence according to the constituent documents
So, for example, in a civil case on the claim of the NGO "Consumer Protection Society "Amanat" in the interests of J. K. U. for compensation for material damage, moral damage and penalties, the defendant resides in the Zhambyl region, but the claim was filed at the plaintiff's place of residence, that is, in a court located in the city of Ust-Kamenogorsk. Considering that the claim for the recovery of a penalty and compensation for moral damage are derived from a property claim, the question of the jurisdiction of the dispute should be resolved depending on the main claim. If, at the conclusion of a contract, including a loan agreement, the consumer has exercised his right to choose the court to consider the dispute, if any, then, guided by the principle of dispositivity of the civil procedure, the dispute must be resolved by the specified court. The inclusion in the contract of a condition on the contractual jurisdiction of the dispute does not deprive the consumer of the right to challenge such a condition of the contract in accordance with the procedure established by applicable law. According to paragraph 15 of Article 1 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection", a consumer is an individual who intends to order or purchase or orders, purchases and/or uses goods (work, service) exclusively for personal, family, home or other use unrelated to entrepreneurial activity, therefore, lawsuits cases related to consumer protection are subject to the jurisdiction of district and equivalent courts dealing with civil cases. Public consumer organizations have the right to independently file a lawsuit in court to recognize the actions of the seller, manufacturer (their representatives), contractor, who are legal entities, as well as the governing body, as illegal in relation to an indefinite circle of consumers (a class action) and to terminate these actions. Cases on such claims, in accordance with Article 27 of the CPC, are under the jurisdiction of specialized interdistrict economic courts. In general, the generalization showed that all claims submitted to the local courts were accepted for trial in compliance with the rules of jurisdiction. The President of the NGO "National League of Consumers" R. – S. addressed the issue of incorrect determination of jurisdiction by the courts of Almaty to the Supreme Court in the interests of consumers. The author of the appeal indicated that the NGO "National League of Consumers" appealed to Almaly District Court No. 2 of Almaty in the interests of T. with a claim for improper provision of services by IP "A". The claim was filed by the NGO in this court at its location, located in Almaty, Almaly district, Shevchenko Street, 164 "G", office 1. By the ruling of the aforementioned court dated February 6, 2018, this civil case was sent for consideration to another court at the place of residence of T., in whose interests the NGO filed a lawsuit with the court. Considering that the lawsuit was filed
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