A.A. Asylbekova, Ph.D., 

Senior Lecturer of Private, Entrepreneurial Law and Private Procedural Law Department, 

KazGUU University 

This article is devoted to the New Code of civil procedure of the Republic of Kazakhstan and its innovations. The author pays attention to basic ideas of civil procedure, to dates of judicial proceedings, structure of court and carrying out of new way of the pre-judicial dispute settlements procedures. The main purpose of the adoption of the new code of civil procedure is to improve the judicial protection of constitutional rights, freedoms and interests of citizens, the state and legal entities. But other purposes also should be identified: regulation of differentiation of the powers of the courts, the modern application of mediation procedures and alternative dispute resolution, strengthening the use of technology in the courts. The term of initiation of the case after filing the application is the same. But under the new code of civil procedure the judge is not authorized to leave the application without movement. According the old code of civil procedure of the RK the judge could leave the application without motion and were given the opportunity to correct the errors and submit it again to the court, but the new code of civil procedure of the RK, if there were errors of a minor nature, in this case, the judge can correct them in preparation of a civil case. For today during the trial from beginning to end in mandatory audio-video recording is performed. In this case, not only judges under the audio-video recording trying to follow all the rules of a procedural nature, but also the parties and other participants in the process began to control their speech. Also, judges can insure against that in the future participants in the process could slander, that can be possible to prove with by of audio-video recording. 

Keywords: Civil procedural code of the Republic of Kazakhstan; conciliatory procedures; alternative methods of dispute settlements; modern use of technical equipments in judicial process; pre-judicial procedures of dispute settlements. 

References 

Bajmoldina Z.H. O modernizacii Grazhdanskogo processual’nogo kodeksa Respubliki Kazahstan [Modernization of the Civil Procedure Code of the Republic of Kazakhstan]. Rossijskij ezhegodnik grazhdanskogo i arbitrazhnogo processa = Russian yearbook of civil and arbitration process. 2007. № 6. Ed. V.V. Yarkov. SPb., 2008. P. 248 (in Russian). 

Information about the author: 

Asylbekova A.A. (Astana, Kazakhstan) – Ph.D., Senior Lecturer of Private Law and Private Procedural Law Department, KAZGUU University (010000, The Republic of Kazakhstan, Astana, Таuelsizdik avenue, 43 apartment 53; e-mail: [email protected]).