CODE OF CIVIL PROCEDURE IN KAZAKHSTAN

The Kazakh legal system is the primary venue for resolving legal disputes. According to the Civil Procedure Code of the Republic of Kazakhstan (CPC), the court oversees and controls the litigation process.

Each party is obligated to the court and the other to submit evidence supporting its claims, objections, and other points. It is preferable to involve a private process service agency like Undisputed Legal to conduct international service in Kazakhstan, as any documents must comply with the requirements of the originating and the receiving court. 

BACKGROUND

There are three distinct courts in Kazakhstan's legal system. Courts of the first instance are the district and interdistrict levels. First-instance courts may be generic or specialized, depending on the issue they are hearing. The specialized economic courts across jurisdictional boundaries assess most business issues involving intellectual property, competition, investment, and maritime conflicts. Judges in the regular judicial system consider cases involving problems in the workplace.

The oblast courts, the Nur-Sultan City Court, and the Almaty City Court are all courts of appeals.

The Supreme Court of the Republic of Kazakhstan is a cassation court (the highest judicial authority). The Nur-Sultan City Specialized Inter-District Economic Court hears cases involving investments. Kazakhstan has established its independent legal system in the Astana International Financial Centre (AIFC). The AIFC Court is its independent appellate body with its own rules of procedure and a streamlined process for low-value disputes. 

PRE-SUIT PROCEDURE IN KAZAKSTAN

For some types of conflicts, the law in Kazakhstan mandates an alternative dispute resolution process before they may proceed to trial.  Typically, sending a reclamation or letter of complaint to the opposite party is a common pre-trial settlement tactic. After receiving the other party's refusal to fulfill the reclamation or after a certain deadline for giving a response has passed, the claimant may file a petition with the court.

The court may refund or dismiss the claim if the plaintiff does not follow the required pre-trial settlement process. The failure to adhere to pre-action behavior criteria is not yet punished. Regardless of the result of the lawsuit, the party that did not follow the pre-trial settlement process may be ordered to pay the other party's litigation expenses.

The CPC specifies what information must be included in a statement of claim, such as the names of the parties, the nature of the claim, the amount at stake, and other facts. The CPC further specifies what evidence must be submitted with the claim form. Payment in full of the appropriate state duty and a receipt for such payment must be included with the claim.  Within five business days of the claim being filed in court, a judge issues a judgment admitting the claim and commencing a civil lawsuit if all formal conditions have been completed. Within ten business days after filing with the court, a statement of claim is accepted for conciliation processes.

It should be noted that serving papers in Kazakhstan will fulfill domestic process requirements. The term ‘international service of process’ refers to the practice of formally delivering legal papers to parties located outside the country, which would require professionalism ascribed to an agency like Undisputed Legal. Once a lawsuit is filed with the clerk, the appropriate parties should be served with the necessary legal papers. A complaint and summons are the typical components of these papers. The plaintiff typically delivers the summons and complaint to the defendant in person. If the defendant cannot be located, the plaintiff may use substituted service to get the court papers delivered.

SENDING A STATEMENT OF CLAIM IN KAZAKHSTAN

For all other parties involved in a case, the claimant must provide copies of the statement of claim and any other relevant papers (defendant, third party, and so on). Within three business days of receiving the claim, the court will mail a copy to the defendant and any other parties involved. The defendant must file a statement of defense within ten business days of obtaining a copy of the statement of claim.

All substantive concerns are heard in the main hearing, which the CPC does not allow for the process to address separately at the preliminary stage. Case preparation must be complete no later than twenty business days from case initiation (this time limit can be extended in exceptional cases). The court now decides what must be done to end the matter. 

The parties may submit requests for further procedure and present evidence at a preliminary hearing. At the trial, the court hears the evidence, questions witnesses and experts, and renders and announces a verdict based on the case's merits after listening to the parties arguments. At this point, parties may also introduce new evidence if they can demonstrate that it would have been futile to do so at the preliminary court hearing. The main hearing cannot begin more than two months after the case preparation date. Typically, the first instance courts need around three months to review a business dispute once it has been filed. Undisputed Legal’s process servers are aware of Kazakhstan laws' requirements and can serve international papers that will comply with domestic requirements.

Summary judgment allows the court to rule on a matter without holding a trial. In a summary judgment hearing, the court decides a matter based only on the parties' provided papers and does not hold a trial. This process is often reserved for smaller business disputes involving a few thousand dollars or less. The CPC mandates that any interim measures taken must be reasonable in light of the merits of the claim and not infringe on any third party's rights. The Supreme Court has also ruled that these actions cannot cause the defendant to go bankrupt or halt regular production.

Moreover, the parties have the right to appeal the court's decision on an application for interim measures to a higher court. Ten business days must elapse between the day the judgment was issued in its final form and the date the appealing party learned of the verdict. An appeal to a higher court will not delay the enforcement of the temporary restrictions.

ENFORCEMENT OF A FOREIGN JUDGEMENT IN KAZAKHSTAN 

The courts in Kazakhstan will uphold a contract's choice of law as long as it does not conflict with any necessary provisions of Kazakhstan law. Under Kazakhstan's conflict of law provisions, contracts involving a foreign party may be governed by a different jurisdiction's law (when either party is a foreign national or there is another connection to a foreign jurisdiction).  It is recommended that you do not use just any firm to handle your overseas service of process. When serving legal documents in a foreign country, Undisputed Legal is your best bet for achieving positive outcomes in any jurisdiction. Our process servers and paralegals have been working together. During that time, they have built a deep understanding of the requirements of various foreign authorities to minimize the issues faced by foreign service.

Regarding the law relevant to the claim, the court is not bound by international agreements or conventions. The court will go to the governing law provision in the parties' contract or, if the parties did not agree on a governing law, it would look to the conflict of law principles in the Civil Code to determine the appropriate law. The laws of the nation where the subject property is situated will apply to any arrangement involving that property or a property trust management agreement.  If the applicable law cannot be ascertained, then the agreement will be presumed to be governed by the laws of the country in which the party performed the material performance under the agreement. 

The conflict of law rule established by Kazakhstan law applies to claims not based on a contract. It specifies that the law that will apply to such claims will be the law of the jurisdiction in which the underlying wrongful conduct occurred (lex loci actus). Choice of jurisdiction clauses in contracts is generally honored by the courts in Kazakhstan, so long as they don't run afoul of Kazakhstan's necessary legal requirements. If one of the parties is a person or organization located outside of Kazakhstan, the parties may agree to submit to the jurisdiction of another country under Kazakhstan's legislation. If the defendant makes such a request, the Kazakhstani court will refer the matter to the appropriate foreign court.

INTERNATIONAL SERVICE OF PAPERS IN KAZAKHSTAN

The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (1965) and the HCCH Convention on Civil Procedure (1954) govern service from international litigants in Kazakhstan. Service must be made via the Supreme Court's Department for the Provision of Courts' Activities in accordance with Article 5 of the Hague Service Convention. Every document service request must be written in Kazakh or Russian or include a translation into those languages. Translated documents that adhere to the Hague Convention’s requirements will be verified by Undisputed Legal prior to service via our qualified process servers.  Kazakhstan adheres to the terms of Article 10 of the Hague Service Convention. As a result, both public and non-public methods of service are acceptable.

Kazakhstan is also a signatory to the HCCH Convention on Taking Evidence Abroad in Civil and Commercial Matters of 1970. Suppose the responsible authority (the Department for the Provision of Courts' Activities of the Supreme Court) gives its approval. In that case, it is possible to take testimony in accordance with Article 15 of the Convention. However,  Kazakhstan will not carry out letters of a request sent for the purpose of acquiring pre-trial discovery of documents, as is customary in common law nations.

Judgments issued by foreign jurisdictions are recognized and enforceable in Kazakhstani courts on the basis of either [A.] legal provisions or international agreements that Kazakhstan has formally accepted or [B.] reciprocity. Consequently, all procedures through which a claim that has been brought is ultimately resolved on its merits are considered ‘judicial actions’ (that is, decisions or judgments, resolutions, rulings approving amicable agreements, and court orders).

To be recognized and enforced under the CPC, foreign judgments must have an established enforcement mechanism under Kazakhstan law, and this system must be reciprocal with the enforcing jurisdiction. Legally binding arbitration is not yet available in Kazakhstan. In certain cases, a Kazakh court has upheld a verdict made in an English court. However, this is not supported by any well-established legal precedents.

No legislation has been passed to prevent the execution of certain decisions. However, some international treaties provide grounds for challenging the implementation of foreign judgments, whereas others do not. Principal justifications include the absence of authority or improper notice given to the defendant. 

In a case involving many countries, there is no room for error. It may be difficult to enforce a decision obtained in a foreign nation, even if that country accepts informal service or the United States has indicated it is appropriate. However, the United States is not a signatory to any treaty that would provide for the automatic recognition and execution of foreign judgments in the United States. Foreign nations may have different regulations on service and the entry of judgments, even if a court in the United States has jurisdiction or the defendant freely accepts service.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

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INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao)| China People's Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar| Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg | Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland | Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden| Switzerland | Taiwan | Thailand | Tunisia| Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN KAZAKHSTAN

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Kazakhstan process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. According to Article 72 of the CPC, to support any claims or objections, a party must provide evidence of the facts upon which they are based.

2. There is no requirement for formal recognition in Kazakhstan for its decisions or rulings on temporary measures to be enforced there. At present, all AIFC Court judges are non-locals.

3. Sometimes, a contract may call for the parties to resolve their differences outside court.

4. Electronic filing) or paper filing of a statement of claim is permitted.

5. For example, the court:

  1. Names the applicable legal system.
  2. Taking testimony about the parties' motions.
  3. Hires professionals and subject-matter experts.
  4. Gives notice to unnamed third parties whose interests may be affected by the dispute, if possible.

6. Since 2020, when the COVID-19 ban took effect, all court proceedings (including the main hearing) have taken place virtually.

7. A party seeking temporary remedies must show that enforcing a future court judgment will be difficult or impossible without them.

8. Provisional measures may be changed or revoked at any time at the defendant's request.

9. Therefore, the laws of Kazakhstan must apply to any transactions made between Kazakh citizens.

10. In the absence of a choice of law provision within the contract, the laws of Kazakhstan provide guidelines for determining which laws would apply. In accordance with Article 1113 of the Civil Code, the relevant law is established by the law of the country of residence of the party to the contract.

11. Unless otherwise determined, the laws of the nation to which the agreement most closely relates shall govern its content.

12. Any international agreements or conventions will not influence the court's determination of the appropriate law for a contract. The court will go to Article 1113 of the Civil Code when faced with such a situation.

13. A number of international accords between Kazakhstan and other CIS nations allow for open communication between their respective legal systems.

14. Request letters must be written in both English and Kazakh or Russian, with the latter language provided as a certified translation.

15. There are not many international conventions regarding the acceptance and execution of decisions that Kazakhstan is a party to. Treaties with post-Soviet states predominate. Turkmenistan, China, Vietnam, India, Pakistan, Mongolia, the United Arab Emirates, and the Democratic People's Republic of Korea are only some countries with which Kazakhstan has signed civil legal aid accords.