COURT REPRESENTATION

The Code sets a closed list: advocates; employees of legal entities — in that entity's cases and in the cases of other legal entities under the direct or indirect control of the same person; authorised representatives of trade unions — in the cases of workers whose rights those unions protect; authorised representatives of organisations entitled by law, charter or regulation to protect the rights of their members and of other persons; the Commissioner for Human Rights; one of several co-parties on the others' instructions; and members of a chamber of legal consultants. Giving a power of attorney to a lawyer who is neither an advocate nor a member of a chamber of legal consultants is not enough — the court will not admit them.

Legal basisPart 1 of Art. 58 of the Civil Procedure Code of the RK

Judges, investigators, prosecutors and deputies of the Kurultai or of local representative bodies may not act as representatives, except where they take part as representatives of the relevant organisations or as statutory representatives. Advocates and members of a chamber of legal consultants who accepted the engagement in breach of the legislation on advocacy may not act either. In addition, a person may not represent a party if in this case they are giving or have given legal assistance to persons whose interests conflict with those of the represented party; if they previously took part in the case as judge, prosecutor, expert, specialist, interpreter, consultant, witness or attesting witness; or if they are related to the other party, a third party, the judge, the prosecutor, the court clerk or an expert.

Legal basisParts 1, 2 and 3 of Art. 59 of the Civil Procedure Code of the RK

A representative may take all procedural steps except those requiring an express authorisation: signing the claim, referring the case to arbitration or to the Court of the Astana International Financial Centre, entering into a settlement agreement, a mediation settlement or a settlement in a participatory procedure, withdrawing the claim in whole or in part, admitting the claim, increasing or reducing the subject matter of the claim, changing its subject matter or grounds, delegating authority, appealing a judicial act in appeal or cassation, filing an application for review on newly discovered or new circumstances, demanding enforcement of a judicial act, receiving the property awarded, and withdrawing an appeal or a cassation complaint.

Legal basisPart 1 of Art. 60 of the Civil Procedure Code of the RK

A representative's powers are set out in a power of attorney drawn up in accordance with the law; it is filed with the court in writing or as an electronic document certified by the principal's electronic digital signature. A power of attorney on behalf of a legal entity is issued by its head or another authorised person. For an advocate the rule differs: authority to conduct a particular case is confirmed by the advocate's certificate and a written notice of defence or representation. To take any of the steps requiring express authorisation, however, the advocate still needs a power of attorney.

Legal basisParts 1, 3 and 4 of Art. 61 of the Civil Procedure Code of the RK

Representatives who are advocates or members of a chamber of legal consultants have, in addition to the general procedural rights, the right to request information and documents needed to provide legal assistance in the case. Other categories of representative do not have that right.

Legal basisPart 2 of Art. 60 of the Civil Procedure Code of the RK

Yes. On the application of the party in whose favour judgment was given, the court awards against the other party the costs of representation by a representative who took part in the proceedings and is not in an employment relationship with that party, in the amount actually incurred. For monetary claims the total may not exceed ten per cent of the part of the claim upheld. For non-monetary claims the amount is awarded within reasonable limits but may not exceed three hundred monthly calculation indices.

Legal basisPart 1 of Art. 113 of the Civil Procedure Code of the RK

The court awards the party in whose favour judgment was given all the court costs incurred in the case, against the other party. Where the claim is upheld in part, costs are awarded to the claimant in proportion to the part of the claim upheld, and to the defendant in proportion to the part in which the claim was dismissed.

Legal basisPart 1 of Art. 109 of the Civil Procedure Code of the RK

Where the dispute arose because a party breached the pre-action or other pre-court settlement procedure provided for by law or contract — including missing the deadline to reply to a claim letter or leaving it unanswered — the court places the court costs on that party regardless of the outcome of the case. The same applies to a breach of a statutory out-of-court settlement procedure. The court may also place all costs on a party abusing its procedural rights.

Legal basisPart 2 of Art. 109 of the Civil Procedure Code of the RK

A claim is filed with the court of first instance in writing or as an electronic document. It states the name of the court; the claimant's details — surname, name, patronymic, date of birth, place of residence and individual identification number, and for a legal entity its full name, location, business identification number and bank details; the name and address of the representative where the claim is filed by one; and the mobile telephone number and email address of the claimant and the representative, where they exist. The remaining requirements as to content and enclosures are set out in the same article.

Legal basisParts 1 and 2 of Art. 148 of the Civil Procedure Code of the RK

A court order is issued for a closed list of claims: recovery from individuals of arrears of customs payments, taxes, special, anti-dumping and countervailing duties, late-payment interest and interest; enforcement of mediation settlement agreements concluded as part of pre-court settlement in the cases established by law or provided for by contract; recovery of maintenance for minor children where this does not involve establishing parentage or joining third parties; and the other claims expressly named in Article 135.

Legal basisArt. 135 of the Civil Procedure Code of the RK

A court order on the merits of an undisputed claim is issued by the judge within three working days of the application reaching the court.

Legal basisArt. 139 of the Civil Procedure Code of the RK

The period must correspond to the actual complexity of the case and to the interests of the participants. As a general rule cases are heard and decided within two months of the completion of preparation for trial. Cases on reinstatement at work, establishing parentage and recovering maintenance, and cases in special claim and special proceedings, are heard within one month of the completion of preparation.

Legal basisParts 1 and 2 of Art. 183 of the Civil Procedure Code of the RK

An appeal is filed through the court that gave the judgment, within one month of the judgment being given in final form, save in the cases established by the Code. For persons who did not take part in the hearing the period runs from the date a copy of the judgment was sent to them. The appeal is filed with copies for each participant in the case.

Legal basisParts 1, 2 and 3 of Art. 403 of the Civil Procedure Code of the RK

A cassation complaint may be filed by the parties, by persons taking part in the case, by other persons whose interests are affected by the judicial acts, and by their representatives. A territorial subdivision of a state body files a complaint with the mandatory approval of its superior body. The right to bring a cassation protest belongs to the Prosecutor General and the deputies, the head of the prosecution agency for the protection of investors' rights, and the Chief Military and Chief Transport Prosecutors.

Legal basisParts 1, 1-1 and 2 of Art. 435 of the Civil Procedure Code of the RK

The courts of Kazakhstan hear cases involving foreign persons where the defendant organisation is located, or the defendant individual resides, in Kazakhstan. Jurisdiction also arises where the management body, branch or representative office of the foreign person is in Kazakhstan; where the defendant has property here; in cases on the recovery of maintenance and establishing parentage where the claimant resides in Kazakhstan; in cases on compensation for harm caused by injury, other damage to health or the death of a breadwinner where the harm was caused in Kazakhstan; and in the other cases named in Article 466.

Legal basisParts 1 and 2 of Art. 466 of the Civil Procedure Code of the RK

The exclusive jurisdiction of the courts of Kazakhstan covers cases concerning rights to immovable property located in Kazakhstan; claims against carriers arising out of contracts of carriage where the carriers are located in Kazakhstan; and cases on the dissolution of marriages between citizens of Kazakhstan and foreign nationals or stateless persons where both spouses reside in Kazakhstan. For these categories the parties cannot vary jurisdiction by agreement.

Legal basisPart 1 of Art. 467 of the Civil Procedure Code of the RK

Judgments, rulings and decisions approving settlement agreements, court orders of foreign courts, and arbitral awards of foreign arbitral tribunals are recognised and enforced by the courts of Kazakhstan where this is provided for by legislation and by an international treaty ratified by Kazakhstan, or on the basis of reciprocity. The conditions and procedure are determined by law unless a ratified international treaty provides otherwise.

Legal basisParts 1 and 2 of Art. 501 of the Civil Procedure Code of the RK

Kazakhstan recognises foreign judgments that by their nature require no enforcement: those affecting the personal status exclusively of citizens of the state whose court gave the judgment; those dissolving or invalidating marriages between citizens of Kazakhstan and foreign nationals where at least one spouse resided outside Kazakhstan at the time of dissolution; and those dissolving or invalidating marriages between citizens of Kazakhstan where both spouses resided outside Kazakhstan at that time.

Legal basisArt. 502 of the Civil Procedure Code of the RK

A dispute may be referred to arbitration where the parties have concluded an arbitration agreement — a written agreement to refer to arbitration a dispute that has arisen or may arise out of civil law relations. The agreement may cover disputes under a particular civil law relationship. Where the dispute is already before a court, an arbitration agreement may be concluded before that court gives judgment: the court then rules that the claim is left without consideration.

Legal basisSub-para. 4) of Art. 2 and paras. 1, 2 and 3 of Art. 8 of the Law of the RK on Arbitration

For contracts whose terms are set by one party in standard forms and could be accepted by the other party only by adhering to the contract as offered, the Law lays down special requirements for the arbitration agreement. The restriction is aimed at preventing an arbitration clause being imposed on the weaker party, so including one in standard forms requires regard to Article 8 of the Law.

Legal basisPara. 4 of Art. 8 of the Law of the RK on Arbitration

Mediation applies to disputes and conflicts arising out of civil, employment, family and administrative relations and other social relations involving individuals and legal entities, administrative bodies and officials, and to disputes considered in administrative offence proceedings and in criminal proceedings. The outcome of mediation is a written settlement agreement reached by the parties; the procedure is conducted by a mediator — an independent individual engaged by the parties on a professional basis or on a voluntary basis.

Legal basisPara. 1 of Art. 1 and sub-paras. 1) and 2) of Art. 2 of the Law of the RK on Mediation

A mediation settlement agreement concluded as part of pre-court settlement is enforced through the court order procedure: a claim for enforcement of such an agreement is expressly included in the list of claims for which a court order is issued, in the cases established by law or provided for by contract.

Legal basisSub-para. 3) of Art. 135 of the Civil Procedure Code of the RK; Law of the RK on Mediation

The grounds for challenging a judge and the procedure are set out in the chapter of the Code on challenges. A challenge must be reasoned and made before the hearing on the merits begins or, where the grounds emerge later, immediately on their discovery. The same rules apply to challenges to the prosecutor, expert, specialist, interpreter and court clerk.

Legal basisArts. 38, 39, 40 and 41 of the Civil Procedure Code of the RK

The list of measures in Article 156 is exhaustive: attachment of the defendant's property and funds; prohibiting the defendant from taking specified actions; prohibiting other persons from transferring property to the defendant or performing other obligations towards them; suspending the sale of property; suspending enforcement proceedings; and the other measures expressly named. A measure not on the list cannot be devised.

Legal basisArt. 156 of the Civil Procedure Code of the RK

The application is decided by a judge without notifying the participants in the case and without a hearing: on the day the ruling opening the case is made, where the application was filed with the claim, and otherwise on the day it reaches the court.

Legal basisArt. 157 of the Civil Procedure Code of the RK

When granting interim relief the court may require the claimant to secure the defendant's possible losses by placing on deposit with the authorised body the sum stated in the ruling. Once a judgment dismissing the claim takes effect, the defendant may bring a claim for those losses against the person on whose application the measures were taken.

Legal basisArt. 162 of the Civil Procedure Code of the RK

Parts 1 and 2 of Article 155 expressly list the cases in which interim relief does not apply. In particular, it is not available to suspend a contested legal act of the state revenue authorities that serves as the basis for tax audits, or in respect of financial organisations undergoing restructuring and in respect of set-off and close-out netting under a master financial agreement.

Legal basisParts 1 and 2 of Art. 155 of the Civil Procedure Code of the RK

A claim is filed with the court of first instance in writing or as an electronic document. A power of attorney may likewise be filed as an electronic document certified by the principal's electronic digital signature. To use these options a foreign party will need to obtain an identification number and a digital signature in advance, or act through a representative.

Legal basisPart 1 of Art. 148 and part 1 of Art. 61 of the Civil Procedure Code of the RK

The jurisdiction of the Kazakhstan courts over cases involving foreign persons is determined under the rules on jurisdiction, having regard to Articles 466 and 467, and the recognition and enforcement of foreign judicial and arbitral acts under the chapter on international cooperation. A foreign party takes part through a representative meeting the requirements of Article 58 and files documents with a duly certified translation.

Legal basisArts. 58, 466, 467 and 501 of the Civil Procedure Code of the RK

A cassation complaint or a prosecutor's protest is returned to the person who filed it where it does not meet the Code's requirements as to content and filing; where it was filed by a person with no right to challenge that judicial act; and on the other grounds expressly listed in Article 442. Once the defects are cured, the complaint may be filed again within the prescribed period.

Legal basisPart 1 of Art. 442 of the Civil Procedure Code of the RK