Int'l conference devoted to draft Civil Procedure Code took place in Astana

Deputies of the Parliament of the Republic of Kazakhstan, representatives of state authorities and non-governmental organizations, scientists, Kazakhstani and international experts took part in the international conference.

The Chairman of the Supreme Court RK Kairat Mami, deputy Chief of the President’s Administration RK Talgat Donakov, and chief of the German fund of international legal cooperation (IRZ) Dirk Miro opened the conference with a welcome speech.

It was noted that "Head of State N.Nazarbayev speaking at the VI Session of judges of the Republic of Kazakhstan noted that the procedure of consideration of civil cases should be convenient and quick for parties of a process, oriented on their conciliation and extensive use of modern technologies".

"Building of a new model of civil procedure of Kazakhstan is based on a pragmatic approach, which ensures a balance of interests of parties, the state itself and its citizens. We proceed from a concept of restorative justice, which is close to the Kazakhstani society"  K.Mami noted.

In the new edition of the Code an objective balance of procedural rights and obligations of participants of a judicial procedure is foreseen. The draft contains 533 articles, 60 chapters and 4 sections. The draft foresees the following main provisions, aimed at simplification of a procedure of consideration of civil cases, as well as by an extensive use of technical means in the activity of courts. All proposed measures will be taken taking into account the necessity of ensuring protection of interests of socially vulnerable layers of the society.

A new chapter "Pre-trial settlement of property disputes» was introduced on separate categories of cases. A stage of preparation of a case for court trial was improved. In the chapter «Evidences and proving» a new definition of evidences was given – "actual data".

In development of a principle of independence of judges it was established that reclamation of a civil case, which is in a court procedure, before coming of judicial acts passed on it into legal effect is not admitted.

An institute of representation of parties in a civil process was improved. The sub-section "Simplified procedure", which includes "Written proceeding" and "Writ proceedings" was introduced into section 2.

A procedure of consideration of cases in the court of appeal is improving. Bases of sending cases for new consideration were minimized. A possibility of submission of claims (statements) and complaints, as well as enclosed documents to courts of first, appeal, cassational and supervisory instances in an electronic format is foreseen.

The draft also foresees a number of other amendments, aimed at improvement of procedural norms.

The chairman of the supervisory board on civil and administrative cases of the Supreme Court RK Abdykadyrov Ye.N. (report: "Objectives and tasks of the draft of the Civil Procedure Code. Simplification and acceleration of civil procedure"), lawyer of the European Court on Human Rights of the Council of Europe Lukashevich V.A. (report: "Issues of implementation of international standards and fair court trial in the draft of the new Civil Procedure Code"), chairing judge of a land court of the city Berlin, expert of the German fund of international legal cooperation (IRZ) Lotar Yunemann – (report: "Experience of Germany on preparation of a case to a court trial and conciliation procedures in court"), judge of the Supreme Court of the Russian Federation Klikushina A.A. (report: "Reconsideration of judicial acts. Experience of the Russian Federation") and others made speeches in the conference.

Overall results of discussions were summarized and relevant recommendations were taken upon completion of the conference.