Family law

Methods of protection
Contracts – guarantees property rights, maintenance rights etc.
Organ of tutorship and guardianship – cases which involve minors or people with limited/ceased active capacity
Court – civil or criminal, depending on the rights to be protected

Organ of tutorship and guardianship: plaintiffs
Parents of a child whose rights are to be protected
Other interested persons
Tutors or guardians of people with ceased/limited active capacity
Minors themselves

Courts: plaintiffs
Any person, whose interests are involved
Minors from the age of 14
Tutors/guardians of people with limited/ceased active capacity

Courts system of the RK
District (rayon) Court
Around 260
Oblast Court
14 + Almaty and Astana
[Economic Courts and other specialized courts]
Supreme Court
1 court, 48 Judges

Jurisdiction
Civil court considers following cases:
civil
family
labor
housing
administrative
financial
land
usage of natural resources
environmental protection
others.

Principles of civil litigation:
Legitimacy
Justice is made only by the court
Right for court protection of rights, freedoms and legal interests of a person
Respect of honor and dignity of a person
Inviolability of private life. Secret of correspondence, phone-conversations, mail, telegraph and other messages

Principles of civil litigation:
Inviolability of property
Independence of judges
Equality of everybody in front of the Law and the Court
Observance of rules of language of litigation
Competition and equality of parties

Principles of civil litigation:
Impartiality of judge in considering the proofs
Liberation of certain categories of people from the duty to testify in court
Right for qualified legal aid
Publicity of the trial
Security of the trial
Binding power of the courts decisions
Appellation of court’s actions and decisions.

Why to know these principles:
Significant violation of at least one of the principles of civil litigation results in invalidity of the court’s decision.

In which court the action is to be made:
The court of residence of the defendant (for legal entity – court of its juridical address)
If it is not known – the court of the place where the defendant has property
For cases of exaction of maintenance money – can be made in a court of plaintiff
For divorce – can be made in a court of plaintiff in a case if the plaintiff has minor children
For the cases with immovable property – by the place where the property is situated.