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What is taking place in the area of innovations in the new Civil Procedure Code?


08.02.2017

According to the changes in the law of the Kyrgyz Republic, a series of new codes adopted in 2017 will be effective from 1 January 2019. However, the Code of Civil Procedure has already entered into force in 2017.

What has changed in the Civil Procedure Code?

Now the courts of the second instance will consider the decisions of the courts of first instance that have not yet become enforceable, only on appeal, having lost the right to have the cases reviewed in cassation proceedings. In addition, the period required for the hearing cases on appeals by the second instance court will increase up to two months, the examination of the case on appeal as from its arrival at the court is 30 days in accordance with the Code of Civil Procedure.

Only the Supreme Court of the Kyrgyz Republic will have the powers of cassation courts with the right of review of the courts of second instance decisions regarding the propriety of the application of a rule of the law under the new CPC (Civil Procedure Code). The terms for the cassation motion will change significantly in the new version of the CPC, if the deadline at this time for cassation motion is one year of the date of entry of the judicial decision into force, except for the appeals in cassation on the protection of electoral rights, copyright and inheritance rights to which different rules applied for submission of the cassation motion, under the new CPC a cassation appeal can be submitted within three months on the date the judicial decision of the appellate court is issued.

In order to avoid frivolous lawsuits and complaints, the payment of a State tax will be made in filing suit (application) in court with the provision of exempting the Institute from payment of the State duty under the Law on State Duty.

The institution of the pre-sentencing hearing is being introduced in procedural laws to strengthen the stage of pre-trial proceedings, in which the litigants are required to submit their objections, motions and evidence before pre-trial proceedings.

Court decisions will be reviewed in the light of newly revealed circumstances or new circumstances. That is, an institution of new circumstances is being introduced, which will be the decisions of the international courts or the international treaty bodies, as well as decisions of the Plenum of the Supreme Court of the Kyrgyz Republic on specific cases.

To expand the principles of the adversarial proceedings, disposition and equality of the parties, the roles and powers of the judge, the parties, the prosecutor, and the third parties in the civil proceedings are reviewed with the need to maximize inclusion of parties in the judicial process, to strengthen the procedural rules of liability for violating the requirements of the provisions of the Code of Civil Procedure of the Kyrgyz Republic.

The introduction of the institution of mediation is envisaged at all stages of civil proceedings.

The proceedings on economic matters include the stage of pre-trial preparation and expand the list of grounds for the return of the statement of claim similar to the general procedure for the consideration of civil affairs.

Cases involving the adoption of children, the establishment of tutorship or guardianship over them, as well as the placement in residential institutions, will be considered by the court under the certain provisions of the Code of Civil Procedure regulating the procedure for cases in this category.

The matter for restitution of the term for motion shall be decided by the court to which the complaint is addressed in order to standardize the process on economic and civil cases.

The consequences of withdrawal of complaints shall be provided to prevent unreasonable trial delay, which prevent to submit another complaint.

The certain provisions regulating the procedure for cases in this category were provided in connection with the adoption in 2012 of a new Code on Children, according to which cases involving the adoption of children, the establishment of tutorship or guardianship over them, as well as the placement in residential institutions shall be examined by a court.

The procedural liability (penalties) for repeated violations and failure to satisfy the court is imposed in order to comply with requirements during the trial by the parties to the proceedings.

The Code of Civil Procedure of the Kyrgyz Republic has invalidated a provision regulating the handling procedures of administrative cases in connection with the reform of the administrative procedures and the drafting of the Code of Administrative Procedure.

In addition, the certain provisions of the Code of Civil Procedure of the Kyrgyz Republic are brought into line with other laws in order to avoid loopholes and contradictions (domestic/internal and external).

The specified areas of the civil procedure reform will enable to respect the stipulated by the procedural law judicial principles more effectively and fully enjoy the function of protecting the rights and legitimate interests of citizens and legal entities, based on the principle of the equality

Re:

The Code of Civil Procedure of the Kyrgyz Republic of 25 January 2017 No.14. Brought into effect by the Law of the Kyrgyz Republic of 20 January 2017 No. 6 of 1 July 2017

Source: http://slovo.kg/?p=79701


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