#8 Where to File a Civil Lawsuit in Kazakhstan?

https://magic.piktochart.com/output/5623238-where-to-file-a-civil-lawsuit

Hi,

Rules of jurisdiction in Kazakhstan are mostly the same as in any other CIS country and they are typical not only to the continental law system but also to the system of common law.

Civil Procedure Code distinguishes subject-matter jurisdiction and personal jurisdiction of national courts.

Subject-matter Jurisdiction

This defines what kind of civil court will hear the case based on it’s the nature. Thus, we have:

·        District courts;

·        Specialized courts.

Specialized courts decide specific cases which require special knowledge and training of the judges. There are specialized inter-district economic courts, specialized inter-district juvenile courts and military courts.

Personal Jurisdiction

Rules of personal jurisdiction define the right territorial district or specialized court based on the parties’ details:

·        General jurisdiction – as a general rule civil lawsuit is filed to the court where a defendant is situated;

·        Elective jurisdiction – in some situations the law gives to a plaintiff a right to choose the court: when the place of residence of a defendant is unknown for example, lawsuit may be filed either to the court where defendant’s property is situated or to the latest known place of his residence;

·        Exclusive jurisdiction – real estate claims are to be filed to the courts where such immovable property is located;

·        Contractual jurisdiction – parties may agree the court where they litigate in a contract.

Hope that the above information was useful for you,

See you soon,

Andrey