Сөз бостандығын қорғау халықаралық қоры
Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

President of Republic of Kazakhstan has signed new Code of Civil Procedure

2 november 2015

For the first time in history of Kazakhstan's justice article 19 p.7 provides for possible broadcasting of process of legal proceeding in the Internet: 

8. Persons participating in the case and citizens in presence in open court proceedings have the right to document the trial process either in writing or with use of audio recording from their seat in a courtroom. Any camera and photo camera recording, video recording, direct radio and TV broadcasting, video broadcasting in information and communication network Internet in the course of a trial shall be permitted upon approval of the court with taking into account opinions of persons participating in the case. There is something about it in court ruling which is entered in protocol of legal proceeding. These actions should not interfere with a regular process of the trial and may be time-limited by the court. 

For the first time, article 104 introduces interrelation of sum of recovery of moral damage towards suits on protection of honour, dignity and business reputation and amount of the state fee: 

1. Amount of a claim shall be determined: 

1) in claims concerning recovery of monetary funds - by the amount to be recovered; 

2) in claims concerning recovery of compensation for moral harm in monetary term which is done by dissemination of information, discredited honour, dignity and business reputation charged to recovery of amount; 

3) in claims concerning recovery of amount of damages, which are done by dissemination of information, discredited business reputation charged to recovery of amount; 

Therefore, from January 01, 2016 new Code of Civil Procedure of the Republic of Kazakhstan will come into effect, natural persons who protect their honour, dignity and business reputation in court, they shall not pay 0,5 monthly calculation index as now, but now they shall pay 1% of amount on what they pretend. Legal entities who protect their honour, dignity and business reputation in court, they shall pay 3% of suit amount. 

We hope, that this innovation will limit appetites of persons who file wasteful suits against  journalists and media outlets.  

 

 

 

 

Ask your question