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2 Persons taking part in the civil procedure

Seen as the persons taking part in the case shall be the parties, third persons, public prosecutor and persons applying to the court for the protection of the rights, freedoms and lawful interests of the other persons or joining the process for the purposes of giving the conclusion on the grounds stipulated in the Civil Procedural Code, the claimants and other interested persons in cases of the special procedure and in the cases arising from public legal relations.

Rights and Duties of the Persons Taking Part in the Case

The persons taking part in the case have the right to get acquainted with the materials of the case, to take excerpts from them and take copies, file recusations, supply proofs and participate in their investigation, put questions to the other persons taking part in the case, to witnesses, experts and specialists; to lodge petitions, including for the supply of proof on demand; to furnish explanations to the court, orally and in writing; to advance their arguments on all issues arising in the course of legal proceedings, to raise objections against the petitions and arguments of the other persons participating in the case; to lodge appeals against the judicial decisions and to exercise the other procedural rights granted by the legislation on the civil legal procedure. The persons taking part in the case shall conscientiously exercise all procedural rights, belonging to them.

The persons participating in the case shall discharge the procedural duties established in the Civil Procedural Code and other laws. The failure to discharge the procedural duties shall entail the consequences envisaged in the legislation on the civil legal procedure.

Seen as the parties in the civil legal proceedings shall be the plaintiff and the defendant.

The person in whose interest the case is initiated at an application filed by the persons who have turned to the court for the protection of the rights, freedoms and lawful interests of the other persons shall be notified by the court about the initiated legal procedure and take part in it in the capacity of the plaintiff.

The parties shall enjoy equal procedural rights and shall discharge equal procedural duties.

If one of the parties in the legal relation disputed or established by the decision of the court withdraws (for the reason of the death of the citizen, the reorganization of the legal entity, the assignment of the claim, the transfer of the debt and in other cases of the change of the person in the obligations), the court shall permit the replacement of this party by its legal successor. The legal succession is possible at any stage of the civil legal procedure.

All actions carried out before the legal successor enters into the proceedings shall be obligatory for him in that measure, in which they would have been obligatory for the person for whom the legal successor has substituted.

Against the ruling of the court on the replacement or on the refusal to replace the legal successor, a special complaint may be filed.

The public prosecutor has the right to file an application to the court in protection of the rights, freedoms and lawful interests of the citizens, of an indefinite group of persons, or of the interests of the Republic of Kazakhstan. An application in protection of the rights, freedoms and lawful interests of a citizen may be filed by the public prosecutor only if the citizen cannot apply to the court himself on account of his poor health, his age or legal incapability, or because of other valid reasons.

If this is stipulated in the law, the state power bodies, local government bodies, organizations or citizens have the right to file an application to the court for the protection of the rights, freedoms and lawful interests of other persons at the latter's request, or for the protection of the rights, freedoms and lawful interests of an indefinite group of persons. An application in protection of the lawful interests of a legally incapable or underaged citizen may in such cases be filed regardless of the request from the interested person or from his legal representative.

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