When concluding transactions with counterparties from Kazakhstan, it is important to understand how the country’s judicial system works. In the event of a judicial resolution of the dispute, how will the decisions of the Belarusian court be enforced?
How are Belarusian court judgments recognized and enforced in the Republic of Kazakhstan?
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According to paragraph 1 of Art. 501 of the Code of Civil Procedure, decisions, decrees and determinations on the approval of settlement agreements, court orders of foreign courts, as well as arbitration awards of foreign arbitrations are recognized and enforced by the courts of the Republic of Kazakhstan, if the recognition and enforcement of such acts are provided for by law and (or) an international treaty ratified by the Republic of Kazakhstan (hereinafter referred to as Kazakhstan) or on the basis of reciprocity.
What are the grounds for recognition of decisions of Belarusian courts in Kazakhstan?
Decisions of Belarusian courts in Kazakhstan are executed on the basis of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters dated 07.10.2002 (signed in Chisinau), which provides for the execution of decisions of courts of other states (hereinafter -Chisinau Convention).
According to Art. 6 of the Chisinau Convention, the scope of legal assistance includes the recognition and execution of court decisions in civil cases and sentences.
In addition, Kazakhstan and Belarus are parties to the Agreement on the procedure for resolving disputes related to the implementation of economic activities dated March 20, 1992, signed in Kyiv (hereinafter referred to asKiev Agreement). Kazakhstan ratified the Kiev Agreement on the basis of Resolution of the Supreme Council of the Republic of Kazakhstan dated July 2, 1992 No. 1502-XII.
According to Art. 7 of the Kyiv Agreement, the CIS member states, including the Republic of Kazakhstan and the Republic of Belarus, mutually recognize and implement the decisions of the competent courts that have entered into legal force.
Decisions made by the competent courts of one CIS member state are subject to execution on the territory of other CIS member states.
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