Settlement of a dispute (conflict) in the manner of a participatory procedure
The participatory procedure is conducted without the participation of a judge through negotiations between the parties with the assistance of lawyers of both parties to settle the dispute, and the parties have the right to file a petition for settlement with the participative procedure before the court leaves the deliberative room. The participatory procedure is carried out on the basis of the following principles: 1) voluntary participation of the parties; 2) equal rights of the parties in negotiations; 3) inadmissibility of interference in the participatory procedure; 4) compliance of the actions of a lawyer participating in negotiations within the framework of a participatory procedure, acting in the interests of his principal, with the law of the Republic of Kazakhstan "on advocacy". 4.3.a condition for participation in a participatory procedure is an expression of the Mutual will of the parties expressed in the contract of assignment concluded with a lawyer, as well as in the petition of the party to settle the dispute in the manner of a participatory procedure to the court in which the dispute is being considered in the proceedings. 4.4.the parties to the case and the lawyers of both parties are participants in the participatory procedure. 4.5. When resolving disputes arising from civil, labor, family and other legal relations involving individuals and (or) legal entities, negotiations in a participatory procedure with the participation of lawyers may be used both before applying to the court and after the start of the trial.
4.6.the conduct of a participatory procedure within the framework of civil proceedings begins on the day when one of the parties declares it in court within the time and in accordance with the procedure provided for in the APC. 4.7.in case of termination of the partisan procedure, the parties shall send to the court in whose proceedings the civil case is located: 1) in case of settlement of the dispute - a signed agreement on settlement of the dispute in the manner of a partisan procedure; 2) in other cases - a written application on appointment of a date of consideration of the case on its merits in connection with the impossibility of concluding an agreement on settlement of the dispute in the manner of a partisan procedure. In such circumstances, the judge may oblige the parties to provide evidence and documents obtained during the participatory procedure; ask the plaintiff for the claims of the statement on the merits of the claim, clarify the facts being disputed from him, make possible objections from the defendant, if necessary, a proposal to provide additional evidence, explain to the parties their procedural rights and obligations. 4.8. when the parties choose a participatory procedure, the court has the right to suspend proceedings in the case. 4.9. If an agreement is reached, the judge in the proceedings checks the content of the agreement on the settlement of the dispute in the manner of a participatory procedure and issues a ruling on its approval and termination of the proceedings in the case (appendix No. 3.
Sample agreement on the settlement of a dispute in the manner of a participatory procedure). 4.10.the agreement must contain data on the parties to the participatory procedure, the subject of the dispute, the lawyers involved in the negotiations, as well as the terms of the agreement agreed by the parties, the methods and terms of their implementation and the consequences of their non-performance or improper performance. The agreement must be signed by the parties and their lawyers. 4.11. The court issues a ruling on approval of the agreement on the settlement of the dispute in the manner of a participative procedure and termination of proceedings in the case, which states: 1) specifies the terms of the agreement to be approved on the settlement of the dispute in the manner of a participative procedure and the terms of its execution; 2) approves the agreement on the settlement of the dispute in the manner of a participative procedure; 3) terminates proceedings in the case; 4) allocates legal costs (Article 115 of the APC, part four of Article 176 of the APC); If the participatory agreement does not specify the condition for the distribution of court costs (state duty and court costs), they are recognized as mutually reimbursed in accordance with part four of Article 176 of the APC. 5) refund of the paid state duty from the budget, taking into account the provisions of Article 548 of the tax code and part two of Article 109 of the APC. 4.12.judicial acts in cases concluded with an agreement on the settlement of a dispute (conflict) in the manner of a participatory procedure are not subject to revision in Cassation.
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