Civil procedure of the Republic of Kazakhstan: the general provisions.

 

The court shall institute a civil case by application from a person who has applied for the protection of his rights, freedoms and lawful interests.

Seen as the tasks set to the civil court procedure shall be the correct and timely consideration and resolution of the civil cases for the purposes of protecting the violated or the disputed rights, freedoms and lawful interests of citizens and organizations, of the rights and interests of the Republic of Kazakhstan, who are the subjects of civil, labor and other legal relations. The civil court procedure shall facilitate consolidation of the legality and of the law and order, prevention of law offences and formation of a respectful attitude towards the law and the court.

Justice on the civil cases shall be administered on the principles of equality before the law and the court of all the citizens, irrespective of their sex, race and nationality, of the language, the origin and the property or the official status, of their place of residence, of their relation to religion and convictions, affiliation to public associations and other circumstances, and all organizations, regardless of their legal organizational form, their form of ownership and of their location, their subordination and other circumstances.

Civil cases in the courts of the first instance shall be considered by the judges of these courts alone or, in the cases, stipulated in the law, collegiately.

If the Civil procedural Code grants the judge the right to consider civil cases and to perform the individual procedural acts alone, the judge shall be seen as acting on behalf of the court.

The judicial proceedings in all courts shall be open.

The judicial proceedings in closed court sessions shall be conducted on cases containing information which comprises a state secret, or the secret of the adoption of a child (for a son or daughter), and also on other cases, if this is stipulated in law. Trial in camera shall also be admissible when satisfying a petition of the person taking part in the case who refers to the need to keep a commercial or other kind of law-protected secret, or to the immunity of the citizens' personal privacy, or to other circumstances whose open discussion may interfere with the correct investigation of the case or entail the divulgence of the above secrets or violation of the lawful interests of a citizen.

The persons taking part in the case, and the other persons attending the performance of the procedural act, in the course of which may be exposed information mentioned in the second part of the present Article shall be warned by the court about responsibility for its divulgence.

On the investigation of the case in camera, the court shall issue a motivated ruling in respect of the whole or of a part of the legal proceedings.

 When the case is considered in a closed court session, in attendance shall be the persons taking part in the case and their representatives, and if necessary also witnesses, experts, specialists and interpreters.

 A case tried in camera shall be considered and resolved with the observation of all the rules for the civil court procedure.

The persons taking part in the case and the citizens present in an open court session shall have the right to fix the course of judicial proceedings in writing and with the assistance of the audio recording devices. Taking photographs, video recording and broadcasting of the court session on the radio and on television shall be admissible by permission of the court.

The court decisions shall be announced in public, with the exception of cases when such announcement of the decisions infringes the rights and the lawful interests of the underaged.