Kazakhstan - Central Authority (Art. 2)
Central Authority(ies) as of 27.02.2023:
Judicial Administration of the Republic of Kazakhstan
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Practical Information |
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| Blocking statutes: | 1970 Evidence Convention |
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Chapter I |
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| Transmission of Letters of Requests: | Court Administration of the Republic of Kazakhstan Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State |
| Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): |
Judicial authority competent to execute the request. Local Court of the 1st instance Article 476 Civil Procedure Codex of the Republic of Kazakhstan |
| Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | The judge and the secretary of the court session are present when executing the request under the 1970 Convention |
| Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): |
A foreign State uses jurisdictional immunity in the Republic of Kazakhstan, including judicial immunity, immunity from securing a claim and immunity from enforcement of a judicial act |
| Translation requirements Arts 4(2) and 33): |
The Republic of Kazakhstan, in accordance with articles 4 and 33 of the Convention on Obtaining Evidence Abroad in Civil or Commercial Cases, accepts for execution on its territory court orders of the requesting Contracting States, if they are drawn up in English and accompanied by their translation in Kazakh and (or) Russian, duly certified. |
| Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26). |
| Time for execution: | Approximately 6 months The court order is executed by the court, within a month from the date of its receipt by the court executing the request (part 2 of Article 75 of the CPC of the Republic of Kazakhstan) |
| Pre-trial discovery of documents Art. 23): |
On the basis of article 23 of the Convention, court orders are not executed on the territory of the Republic of Kazakhstan, which are sent in order to obtain materials known in common law States as pre-trial disclosure of documents |
| Information about domestic rules on the taking of evidence: | Regulated Civil Procedure Code of the Republic of Kazakhstan |
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Witness examination under Chapter I |
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| Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? | You should send specific questions to which you want to get an answer |
| Is it a public or private hearing? | On the basis of article 19 of the CPC Hearings of civil cases in all judicial instances shall be held open. Court rulings shall be declared publicly. |
| Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? | No. |
| Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? | only during the execution of the request in court |
| Are documents produced by the witness authenticated by the court? | Yes. if the witness has the original document, the copy is certified by the court |
| Is an oath generally administered to the witness? | Yes |
| Can the witness be made subject to further examination and recall? | The witness is interrogated only as part of the execution of the request |
| Are there sanctions for non-appearance of witness? | Yes If contempt of the court was demonstrated on court session and violator left the hearing room, if contempt of court is demonstrated outside the court session, and if deviation on attendance was established, protocol on violation shall be drawn up by the court bailiff or other court employee in form of oral order of court chairman or presiding on court session, which shall be indicated in protocol of offense. (part 4 of Article 120 of the CPC of the Republic of Kazakhstan ) On Administrative Infractions The Code of the Republic of Kazakhstan dated 5 July 2014 No. 235-V. Chapter 33. ADMINISTRATIVE INFRACTIONS ENCROACHING ON THE INSTITUTE OF THE STATE POWER Article 653. Contempt of court 1. Contempt of court being expressed in the absence from court without the reasonable excuses of participants of the proceeding and other persons by summons, notice, notification or calling in cases when the further consideration of the case in their absence is impossible, insubordination of the regulations of the chairman in a court sitting, violation of the rules established in court, as well as the other actions (omission) obviously indicating contempt of court and (or) judge, shall – entail a notification or fine in amount of twenty monthly calculation indices or administrative arrest for the term up to five days. 2. The action (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall – entail a fine in amount of thirty monthly calculation indices or administrative arrest for the term up to ten days. Note. Requirements of this Article shall not apply to actions (inaction), in respect of which measures of procedural coercion can be applied in accordance with the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan. |
| Must interpreters who assist with the witness examination be court-certified? | Yes |
| How is the testimony transcribed? | audio and video recording |
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Chapter II |
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| Article 15 | The receipt by diplomatic or consular representatives of other Contracting States without coercion of evidence in civil or commercial matters, provided for in Article 15 of the Convention, is possible only with the permission of the competent authority of the Republic of Kazakhstan |
| Article 16 | Obtaining evidence without coercion in civil or commercial cases, provided for in articles 16 and 17 of the Convention, is possible without prior permission of the competent authority of the Republic of Kazakhstan |
| Article 17 | Obtaining evidence without coercion in civil or commercial cases, provided for in articles 16 and 17 of the Convention, is possible without prior permission of the competent authority of the Republic of Kazakhstan |
| Article 18 | A diplomatic or consular representative or an authorized person appointed to obtain evidence may apply to the competent authority of the Republic of Kazakhstan with a request for assistance referred to in article 18 of the Convention, provided that it complies with the legislation of the Republic of Kazakhstan; |
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Taking of evidence by video-links |
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Chapter I |
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| Are there legal obstacles to the use of video links? | |
| Technology used: | |
| Level of interpretation required: | |
| Simultaneous or in sequence interpretation: | |
| Interpretation required in which jurisdiction? | |
| Who pays for the interpretation? | |
| How would a request for evidence be handled if witness not willing? | |
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Chapter II |
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| Are there legal obstacles to the use of video links? | |
| Technology used: | |
| Level of interpretation required: | |
| Simultaneous or in sequence interpretation: | |
| Interpretation required in which jurisdiction? | |
| Who pays for the interpretation? | |
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Other Information |
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| Bilateral or multilateral agreements | |
| Useful links: | https://sud.gov.kz/rus/content/pravovaya-pomoshch-po-grazhdanskim-delam |
| Competent authorities (Art. 15, 16, 17, 18) | Obtaining evidence without coercion in civil or commercial cases, provided for in articles 16 and 17 of the Convention, is possible without prior permission of the competent authority of the Republic of Kazakhstan. See here. |
| Additional authorities (Art. 24) | A Contracting State may, in addition to the central authority, appoint other authorities and determine their competence. However, court orders in all cases are sent to the central authority. |
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