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Code of Civil Procedure No. 377-V of October 31, 2015 (as amended up to Law of the Republic of Kazakhstan No. 241-VI of April 2, 2019), Kazakhstan
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Year of Version
2020
Dates
Entry into force:
January 1, 2016
Adopted:
October 31, 2015
Type of Text
IP-related Laws
Subject Matter
Enforcement of IP and Related Laws,
Other
Notes
This consolidated version of the Code takes into account amendments up to 'Law of the Republic of Kazakhstan No. 241-VI of April 2, 2019, on Amendments to Certain Legislative Acts of the Republic of Kazakhstan on the Development of Business Environment and Regulation of Trade Activities', which entered into force on different dates.
Paragraph 8 of Article 2 of the said amending Law No. 241-VI of April 2, 2019, which entered into force on April 14, 2019 introduced amendments to the following provisions of this consolidated Code of Civil Procedure:
A) Section 1:
- Chapter 3, Article 31 (the first part of item 1 amended where the words “on foreclosure on mortgaged immovable property, on termination or recognition of a contract of pledge of immovable property invalid” were added after the words “immovable property from arrest”);
- Chapter 4, Article 39 (changes to its heading, the first part and the second part of items 1 & 3 amended where the the word 'consultant' was added after the word 'translator);
- Chapter 5, Article 46 (item 1 supplemented where the following second paragraph was added:'Participation in the case can be provided by using technical means of communication in the cases and manner established by this Code'); Article 56 (item 1 supplemented where the following first paragraph was added: '1.In cases provided by the Law, state authorities and local self-government authorities may intervene in the proceedings at their own initiative, at the request of the persons participating in the case, and at the initiative of the court to give a written opinion on the case.';
- Chapter 5-1 including Articles 56-1 &56-2) (added);
- Chapter 6, Article 59 (item 3 supplemented where subitem 3) where the word 'consultant,' was added after the word 'prosecutor,';
- Chpater 7, Article 77 (items 2 & 4 added); Article 79 (item 2 supplemented where the words “or in the form of an electronic document” were added after the words “in a written statement” with the words;
- Chapter 11-1 including Articles 133-1 to 133-3 (added);
B) Section 2, Subsection 2:
- Chapter 14, Article 151 (item 1 where subitem 4) was added as follows: '4) there is an executive inscription made on the same subject and for the same reasons between the same parties');
- Chapter 18, Article 219 the word “written” was deleted;
- Chapter 19, Article 249 (item 2 supplemented where the words 'at the place of residence (location) of the debtor...' were added after the words 'be allowed by the court';
C) Section 3, Chapter 53, Article 414 (amended); Article 416 (items 3 & 4 supplemented).
These above amendments are not related to intellectual property matters.
The consolidated Code contains specific provisions relating to the application of summary proceedings in intellectual property disputes and non-recognition of foreign state immunity from proceedings concerning the infringement of intellectual property rights (see Section 2, Subsection 1, Chapter 12, Article 135(11); and Section 4, Chapter 57, Article 489).
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Kazakh
Қазақстан Республикасының Азаматтық процестік кодексі 2015 жылғы 31 қазандағы № 377-V (өзгерістер енгізілді - ҚР от 02.04.2019 № 241-VI)
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Russian
Гражданский процессуальный кодекс Республики Казахстан № 377-V от 31.10.2015 г. (с изменениями, внесенными Законом Республики Казахстан № 241-VI от 02.04.2019 г.)
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English
Code of Civil Procedure No. 377-V of October 31, 2015 (as amended up to Law of the Republic of Kazakhstan No. 241-VI of April 2, 2019)
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