Advocate Qualification Attestation (Kazakhstan) study materials
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Advocate Qualification Attestation (Kazakhstan) practice questions

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Question 1Constitutional Law and Fundamentals of the Legal System of Kazakhstan

According to the Constitution of the Republic of Kazakhstan, the sole source of state power in the country is which of the following?

  1. The Parliament
  2. The President
  3. The Constitutional Court
  4. The people Correct answer.

Explanation

Article 3 of the Constitution establishes that the people are the sole source of state power and exercise it directly through a referendum and free elections, as well as by delegating power to state bodies. State bodies, including the President and Parliament, only exercise power delegated by the people.

Question 2Constitutional Law and Fundamentals of the Legal System of Kazakhstan

The Constitution of the Republic of Kazakhstan was adopted in which year?

  1. 1995 Correct answer.
  2. 1993
  3. 1998
  4. 1991

Explanation

The current Constitution was adopted at a national referendum on 30 August 1995. The earlier 1993 Constitution was replaced by this text, and 30 August is marked as Constitution Day.

Question 3Constitutional Law and Fundamentals of the Legal System of Kazakhstan

Under the Constitution, the Republic of Kazakhstan is affirmed as a state of which character?

  1. A neutral monarchy with ceremonial rule
  2. A federal state with a parliamentary republic
  3. A confederation of regions with dual sovereignty
  4. A unitary state with presidential governance Correct answer.

Explanation

Article 2 of the Constitution declares Kazakhstan a unitary state with presidential governance. This means administrative-territorial units have no sovereignty of their own, and the President heads the executive vertical.

Question 4Constitutional Law and Fundamentals of the Legal System of Kazakhstan

Which body is empowered by the Constitution to officially interpret the norms of the Constitution?

  1. The Supreme Court
  2. The Constitutional Court Correct answer.
  3. The Senate
  4. The General Prosecutor's Office

Explanation

The Constitutional Court, established by the 2022 constitutional reform, gives official interpretation of the Constitution's norms. The Supreme Court interprets ordinary legislation in the course of adjudication, not the Constitution itself.

Question 5Constitutional Law and Fundamentals of the Legal System of Kazakhstan

A citizen wishes to challenge the constitutionality of a law that has already entered into force and directly affects her rights. Under the current constitutional framework, which route is available to her?

  1. She may only petition the President for a veto
  2. She may apply directly to the Constitutional Court as an individual applicant Correct answer.
  3. She must wait for a prosecutor to file a criminal case
  4. She must first obtain leave from the Senate

Explanation

Following the 2022 reform, the Constitutional Court accepts applications from citizens whose rights are affected by laws that have entered into force, subject to admissibility requirements. The earlier model allowed individual access only through the Commissioner for Human Rights.

Question 6Constitutional Law and Fundamentals of the Legal System of Kazakhstan

Which body has the constitutional power to remove the President from office for high treason?

  1. The Parliament acting jointly with the Constitutional Court's conclusion Correct answer.
  2. The Supreme Court in plenary session
  3. The Constitutional Court acting alone
  4. The Security Council

Explanation

The Constitution provides that the President may be removed for high treason by a joint decision of the chambers of Parliament, based on a conclusion of the Constitutional Court and after a special investigation. Neither chamber can do so unilaterally.

Question 7Constitutional Law and Fundamentals of the Legal System of Kazakhstan

A bill passed by Parliament is submitted to the President. Within what period must the President normally sign or return it?

  1. Ten days
  2. Two months
  3. Fifteen days
  4. One month Correct answer.

Explanation

Under the Constitution the President has one month to sign or return a bill with objections. If the bill is returned, Parliament may overcome the objections only by a two-thirds majority of each chamber.

Question 8Constitutional Law and Fundamentals of the Legal System of Kazakhstan

Which of the following is a constitutional duty of a citizen of Kazakhstan?

  1. To preserve nature and protect natural resources Correct answer.
  2. To join a registered political party
  3. To serve on a jury in every civil case
  4. To reside permanently in the region of birth

Explanation

Article 38 of the Constitution obliges citizens to preserve nature and protect natural resources. The other listed obligations do not exist in the Constitution and would restrict constitutional rights such as freedom of association and freedom of movement.

Question 9Constitutional Law and Fundamentals of the Legal System of Kazakhstan

The Constitution declares certain rights and freedoms non-derogable. Which of the following belongs to that category?

  1. The right to freedom of entrepreneurial activity
  2. The right to the inviolability of the person's dignity Correct answer.
  3. The right to freedom of peaceful assembly
  4. The right to strike

Explanation

Article 12 provides that human rights and freedoms are recognised and guaranteed, and that the rights to life and to personal dignity are inalienable and cannot be restricted. Economic and political rights may be limited by law for constitutionally listed purposes.

Question 10Constitutional Law and Fundamentals of the Legal System of Kazakhstan

A foreign national lawfully present in Kazakhstan is accused of a crime. Which constitutional guarantee applies to that person?

  1. Only obligations apply; rights apply only to citizens
  2. The right to defence and qualified legal assistance applies Correct answer.
  3. Rights apply only after naturalisation
  4. The right to appeal applies only to citizens

Explanation

The Constitution guarantees the right to judicial protection and to qualified legal assistance, and Article 12 extends fundamental rights to foreigners and stateless persons unless the Constitution, laws or international treaties provide otherwise. Criminal procedure guarantees therefore apply to the accused regardless of citizenship.

Question 11Constitutional Law and Fundamentals of the Legal System of Kazakhstan

Which of the following best describes the legal force of the Constitution within the national legal order?

  1. It applies only to matters not covered by presidential decrees
  2. It yields to ordinary statutes in case of conflict
  3. It has supreme legal force and direct effect throughout the territory Correct answer.
  4. It binds only state bodies and not individuals

Explanation

Article 4 states that the Constitution has supreme legal force and direct effect throughout the Republic. Laws and other normative acts that contradict the Constitution have no legal force.

Question 12Constitutional Law and Fundamentals of the Legal System of Kazakhstan

Which body is the highest representative body of the Republic exercising legislative power?

  1. The Assembly of the People of Kazakhstan
  2. The Supreme Court
  3. The Government
  4. The Parliament Correct answer.

Explanation

The Constitution describes Parliament as the highest representative body exercising legislative power. It consists of the Senate and the Mazhilis and adopts laws, while the Government exercises executive power.

Question 13Constitutional Law and Fundamentals of the Legal System of Kazakhstan

How is the Mazhilis of Parliament composed under the Constitution?

  1. It is chosen by the Senate from among its members
  2. It consists of regional governors by virtue of office
  3. It is appointed entirely by the President
  4. It is elected by proportional representation from party lists Correct answer.

Explanation

The Mazhilis is elected for a term of five years on the basis of proportional representation from party lists. The Senate, by contrast, is formed through a mix of indirectly elected and presidential appointees.

Question 14Constitutional Law and Fundamentals of the Legal System of Kazakhstan

Which of the following is a principle of the electoral system expressly set out in the Constitution?

  1. Corporate representation of professional guilds
  2. Universal, equal, direct suffrage by secret ballot Correct answer.
  3. Open voting at all levels of government
  4. Property-based suffrage for local elections

Explanation

The Constitution provides that elections are universal, equal, direct and by secret ballot. This excludes open voting, property qualifications and corporate representation.

Question 15Constitutional Law and Fundamentals of the Legal System of Kazakhstan

The Constitutional Court finds that a provision of a law violates the Constitution. What is the legal consequence of such a decision?

  1. The provision is amended by the Constitutional Court itself
  2. The provision loses legal force and cannot be applied Correct answer.
  3. The provision remains valid but is referred to referendum
  4. The provision is suspended until the next parliamentary session

Explanation

A decision of the Constitutional Court declaring a norm unconstitutional means that the norm has no legal force and cannot be applied. The Court annuls the norm; it does not amend legislation, which remains a matter for Parliament.

Question 16Constitutional Law and Fundamentals of the Legal System of Kazakhstan

Under the Constitution, who is the guarantor of the rights and freedoms of citizens and of the Constitution itself?

  1. The President Correct answer.
  2. The Chairman of the Constitutional Court
  3. The Chairman of the Senate
  4. The Prime Minister

Explanation

Article 40 provides that the President is the guarantor of the Constitution and of the rights and freedoms of citizens. This symbolic and legal role underpins presidential powers such as veto and mediation among state bodies.

Question 17Constitutional Law and Fundamentals of the Legal System of Kazakhstan

A local maslikhat adopts a decision that contradicts a national statute. Which statement reflects the constitutional hierarchy of normative acts?

  1. The statute prevails, since local decisions must not contradict national law Correct answer.
  2. The two acts coexist because they apply to different territories
  3. The local decision prevails because it reflects local self-governance
  4. The Constitutional Court must always annul the local decision before the statute applies

Explanation

Local representative and executive bodies act within the powers granted by law, and their decisions must not contradict national legislation. The hierarchy of normative acts places the Constitution first, then laws, then subordinate acts.

Question 18Constitutional Law and Fundamentals of the Legal System of Kazakhstan

Which of the following is the correct description of the Government's accountability under the Constitution?

  1. The Government is accountable only to the Supreme Court
  2. The Government is independent of all state bodies
  3. The Government is accountable to the President and, on specified matters, to Parliament Correct answer.
  4. The Government is accountable only to local maslikhats

Explanation

The Government is formed by the President and is accountable to the President, while also being responsible to Parliament in the forms provided by the Constitution, such as the Mazhilis expressing no confidence. This dual accountability reflects the presidential republic model.

Question 19Constitutional Law and Fundamentals of the Legal System of Kazakhstan

What is the constitutional status of international treaties ratified by Kazakhstan?

  1. They apply only after transformation into a presidential decree
  2. They have no effect unless repeated in a statute
  3. Ratified treaties form part of the law in force and prevail over conflicting national laws Correct answer.
  4. They apply only to relations between states and not within Kazakhstan

Explanation

Article 4 provides that international treaties ratified by the Republic are part of the law in force, and that a ratified treaty prevails over national law in case of conflict. This gives treaties a position below the Constitution but above ordinary statutes.

Question 20Constitutional Law and Fundamentals of the Legal System of Kazakhstan

Which body is constitutionally responsible for ensuring the rule of law and legality in the country through supervision?

  1. The Accounts Committee
  2. The Prosecutor's Office Correct answer.
  3. The Central Election Commission
  4. The National Bank

Explanation

The Prosecutor's Office, headed by the Prosecutor General, supervises the observance of legality and the rule of law on behalf of the state. The other bodies have specialised mandates in elections, monetary policy and budget control respectively.

Question 21Civil Law and Civil Procedure

Under the Civil Code of Kazakhstan, at what age does a natural person acquire full civil dispositive capacity (толық әрекет қабілеттілігі) by general rule?

  1. At reaching sixteen years of age
  2. At reaching eighteen years of age Correct answer.
  3. At reaching fourteen years of age
  4. At the moment of birth

Explanation

Full civil dispositive capacity arises by general rule upon reaching majority, which in Kazakhstan is eighteen years. Emancipation and marriage may confer full capacity earlier, but the default statutory threshold remains eighteen.

Question 22Civil Law and Civil Procedure

Which body is competent to declare a natural person missing (хабар-ошарсыз кеткен) under Kazakh civil law?

  1. The prosecutor's office of the relevant district
  2. The local executive body of the region
  3. The court, upon application of an interested party Correct answer.
  4. The guardianship authority at the person's last residence

Explanation

Recognition of a person as missing is a matter of special proceedings decided by the court on application of an interested person. The guardianship authority only manages the property once the court decision is in force.

Question 23Civil Law and Civil Procedure

A transaction concluded by a minor aged fourteen to eighteen requires which additional formality to be valid in the cases established by law?

  1. Notarization by a notary of the minor's choosing
  2. Registration with the local akimat
  3. Written consent of the legal representative Correct answer.
  4. Approval of the guardianship authority in every case

Explanation

Minors aged fourteen to eighteen may conclude transactions themselves but need the written consent of their legal representatives for those transactions that are not expressly listed as independent. The consent requirement protects the minor without requiring notarization.

Question 24Civil Law and Civil Procedure

What is the general limitation period (талап қою мерзімі) established by the Civil Code of Kazakhstan?

  1. One year
  2. Two years
  3. Three years Correct answer.
  4. Five years

Explanation

The general limitation period under Kazakh civil legislation is three years. Shorter or longer periods apply only where the Code expressly provides for specific types of claims.

Question 25Civil Law and Civil Procedure

A creditor discovers that a debtor sold his only apartment to a relative at a price far below market value shortly before the debt fell due. Which remedy best fits Kazakh civil law?

  1. Apply to court to invalidate the transaction as prejudicial to creditors Correct answer.
  2. Demand criminal prosecution for fraud without any civil claim
  3. Wait for the limitation period to expire and then claim
  4. Request the notary to cancel the sale unilaterally

Explanation

Kazakh civil law allows a creditor to challenge a transaction concluded to the detriment of creditors where the debtor acted in bad faith and the counterparty knew of the prejudice. The remedy is judicial invalidation, not unilateral cancellation.

Question 26Civil Law and Civil Procedure

Which form is required for a contract for the sale of immovable property under the Civil Code of Kazakhstan?

  1. Electronic form confirmed by an electronic digital signature only
  2. Oral agreement is sufficient between individuals
  3. Written form with notarization and state registration of the right Correct answer.
  4. Simple written form without notarization

Explanation

Alienation of immovable property requires a written contract, notarial certification, and state registration of the transfer of rights. Failure to comply renders the transaction invalid.

Question 27Civil Law and Civil Procedure

In Kazakh civil procedure, within what period must a court consider a civil case after preparation for trial is completed, as a general rule?

  1. One month
  2. Six months
  3. Two months Correct answer.
  4. Ten days

Explanation

Article 183(2) of the Civil Procedure Code sets a general two-month period for consideration and resolution of a civil case from completion of preparation for trial, not acceptance of the claim. Certain categories have shorter or special periods established by the Code.

Question 28Civil Law and Civil Procedure

What is the consequence of a party's failure to appear at a court hearing in a civil case without valid reason, where the party was duly notified?

  1. The claim is automatically dismissed
  2. The court may consider the case in the party's absence Correct answer.
  3. The case must always be postponed to a new date
  4. The hearing is transferred to another court

Explanation

Where a party has been duly notified and fails to appear without valid reason, the court may proceed to consider the case on the merits. Postponement is a discretionary option, not an automatic requirement.

Question 29Civil Law and Civil Procedure

Which court acts as the court of first instance for civil disputes between citizens, as a general rule under Kazakh civil procedure?

  1. The specialized interdistrict economic court
  2. The Supreme Court of the Republic of Kazakhstan
  3. The Constitutional Court
  4. The district (city) court Correct answer.

Explanation

Civil disputes between citizens are generally heard at first instance by district and equivalent city courts. Higher courts review their decisions on appeal and cassation.

Question 30Civil Law and Civil Procedure

A plaintiff files a claim at the defendant's place of residence, but the dispute concerns immovable property located elsewhere. Which rule applies?

  1. Jurisdiction of the Supreme Court by default
  2. Jurisdiction at the place where the contract was signed
  3. Exclusive jurisdiction at the location of the immovable property Correct answer.
  4. Jurisdiction always at the plaintiff's choice

Explanation

Claims concerning rights to immovable property fall under exclusive jurisdiction at the location of the property. This rule overrides the general defendant-residence rule.

Question 31Civil Law and Civil Procedure

What is the standard period for filing an appeal against a decision of a court of first instance in a civil case?

  1. Three months from the date of the final decision
  2. Fifteen days from the date of the final decision
  3. Five days from the date of the decision
  4. One month from the date of the final decision Correct answer.

Explanation

An appeal in a civil case may be filed within one month from the date the court issues its final decision. The period runs from the final decision, not from the hearing date.

Question 32Civil Law and Civil Procedure

Which of the following is a requirement for a person to act as a representative in a civil case in Kazakhstan?

  1. The representative must have duly executed authority confirmed by a power of attorney Correct answer.
  2. The representative must be a relative of the party in all cases
  3. The representative must hold a judge's office
  4. The representative must be a member of the bar association

Explanation

A representative acts on the basis of a power of attorney or other document confirming authority, such as a law or an act of an authorized body. Kinship or bar membership is not a general requirement.

Question 33Civil Law and Civil Procedure

A court decision in a civil case enters into legal force under what general rule?

  1. After publication in the official gazette
  2. After approval by the prosecutor
  3. Immediately upon announcement in the courtroom
  4. Upon expiry of the appeal period if no appeal is filed Correct answer.

Explanation

A first-instance decision becomes legally binding after the appeal period expires, provided no appeal has been lodged. If appealed, it becomes binding upon review by the appellate court.

Question 34Civil Law and Civil Procedure

What is the main purpose of a supervisory (кассациялық) review of civil cases in Kazakhstan?

  1. To verify the legality and validity of judicial acts on the grounds provided by law Correct answer.
  2. To re-examine facts and hear new evidence in full
  3. To mediate between the parties before enforcement
  4. To replace the appellate court in all cases

Explanation

Cassation review checks the legality and validity of judicial acts on the specific grounds set out in the Civil Procedure Code. It does not involve a full re-hearing of facts or new evidence.

Question 35Civil Law and Civil Procedure

Which property is not subject to recovery under enforcement proceedings against a debtor-citizen under Kazakh civil procedure?

  1. Essential household items and personal items Correct answer.
  2. Funds in a foreign currency account
  3. The debtor's second apartment held for rental income
  4. A vehicle used for commercial purposes

Explanation

Enforcement legislation protects certain essential items from recovery, including ordinary household goods and personal effects necessary for the debtor and family. Luxury items and income-generating property are generally recoverable.

Question 36Civil Law and Civil Procedure

What is the legal nature of a public contract (жария шарт) under the Civil Code of Kazakhstan?

  1. A contract requiring mandatory notarization
  2. A contract that a commercial organization must conclude with any person who applies, on the terms established by it Correct answer.
  3. A contract concluded only between public associations
  4. A contract concluded by a state body in its official capacity

Explanation

A public contract obliges a commercial organization to enter into it with any applicant on the terms it has established, such as retail sale or public transport. The term refers to the obligation to contract, not to the state as a party.

Question 37Civil Law and Civil Procedure

Two parties conclude an agreement to transfer ownership of goods, but the goods have not yet been identified to the contract. When does ownership generally pass under Kazakh civil law?

  1. Only after state registration of the goods
  2. At the moment the contract is signed
  3. At the moment the goods are identified and transferred, unless otherwise agreed Correct answer.
  4. Only after full payment is confirmed by a bank

Explanation

Ownership generally passes upon transfer of the thing, and where goods require identification, upon their identification and transfer. The parties may agree otherwise in the contract.

Question 38Civil Law and Civil Procedure

What is the consequence of a court's failure to comply with the requirement to notify a party about the time and place of a hearing?

  1. The party loses the right to appeal
  2. The case is automatically transferred to arbitration
  3. The decision may be annulled as a ground for review due to a substantial procedural violation Correct answer.
  4. The decision is valid because notification is optional

Explanation

Failure to notify a party of the hearing is a substantial procedural violation and a ground for annulment of the decision. Proper notification is a core guarantee of the right to be heard.

Question 39Civil Law and Civil Procedure

Which of the following best defines a legal entity under the Civil Code of Kazakhstan?

  1. Any group of citizens acting jointly without registration
  2. A natural person conducting business under a pseudonym
  3. An organization that owns separate property and is liable for its obligations with that property Correct answer.
  4. A state official acting in an official capacity

Explanation

A legal entity is an organization with separate property that is liable for its obligations with that property and can acquire and exercise rights in its own name. It must be registered in the manner prescribed by law.

Question 40Civil Law and Civil Procedure

A company is reorganized by merger with another company. What happens to its rights and obligations under Kazakh civil law?

  1. They remain with the old company until liquidation
  2. They must be renegotiated with every counterparty
  3. They are terminated automatically
  4. They transfer to the newly formed legal entity by universal succession Correct answer.

Explanation

Reorganization by merger results in universal succession, under which all rights and obligations of the merged entities pass to the newly formed entity. Individual renegotiation is not required.

Question 41Civil Law and Civil Procedure

What is the primary characteristic of a joint-stock company (акционерлік қоғам) under Kazakh law?

  1. Its participants bear subsidiary liability for all debts
  2. It may only be formed by state bodies
  3. It cannot issue shares to the public under any circumstances
  4. Its charter capital is divided into shares, and shareholders are not liable for its obligations Correct answer.

Explanation

A joint-stock company's charter capital is divided into shares, and shareholders bear risk only to the extent of their shares. They are not liable for the company's obligations.

Question 42Civil Law and Civil Procedure

A citizen suffers harm due to a defective product purchased from a retailer. Against whom may the citizen bring a claim for compensation under Kazakh civil law?

  1. Against the retailer only after the manufacturer is liquidated
  2. Against the manufacturer or the seller at the consumer's choice Correct answer.
  3. Only against the retailer, never the manufacturer
  4. Only against the state consumer protection body

Explanation

Consumer protection rules allow the consumer to claim compensation for harm caused by a defective product from either the seller or the manufacturer. The consumer chooses the defendant.

Question 43Civil Law and Civil Procedure

What is the effect of a court's recognition of a transaction as invalid (жарамсыз мәміле)?

  1. The transaction is converted into an administrative act
  2. The transaction produces legal effects until a new decision
  3. The parties must return everything received under the transaction, unless otherwise provided by law Correct answer.
  4. The transaction becomes valid after notarization

Explanation

Invalidation generally triggers restitution, requiring each party to return what it received under the transaction. The law may provide exceptions, for example where restitution is impossible.

Question 44Civil Law and Civil Procedure

Which of the following is a ground for terminating a contract by unilateral refusal under Kazakh civil law?

  1. A verbal request by a third party
  2. A material breach of the contract by the other party, where the law or contract allows refusal Correct answer.
  3. The expiration of one week from signing
  4. A change in the market price of goods

Explanation

Unilateral refusal to perform is permitted where the law or the contract provides for it, typically following a material breach by the other party. Market price changes and third-party requests are not grounds.

Question 45Civil Law and Civil Procedure

In a civil case, which party bears the burden of proving the circumstances on which its claims and objections are based?

  1. The defendant always bears the burden regardless of the claim
  2. The court bears the entire burden of proof
  3. The prosecutor proves all facts in every case
  4. Each party must prove the circumstances it relies on Correct answer.

Explanation

Adversarial procedure places the burden on each party to prove the circumstances it invokes. The court assesses the evidence but does not assume the parties' burden.

Question 46Civil Law and Civil Procedure

Under the Civil Code of Kazakhstan, at what moment does a legal entity created anew (not by reorganization) acquire civil legal capacity?

  1. From the date of the founders' decision to create it
  2. From the moment the charter is approved by the founders
  3. From the moment of its state registration Correct answer.
  4. From the moment it opens a bank account

Explanation

The Civil Code ties the emergence of a legal entity's legal capacity to state registration: a legal entity is considered created from the moment of its state registration with the registering authority. Until that registration, the entity cannot acquire and exercise civil rights or bear obligations in its own name.

Question 47Civil Law and Civil Procedure

A transaction is concluded orally where the law requires a simple written form, and no writing exists. What is the procedural consequence in a Kazakh civil dispute if the parties disagree on whether the transaction occurred?

  1. The parties may not rely on witness testimony to prove the transaction, but may use written and other evidence Correct answer.
  2. The court must presume the transaction occurred if the defendant stays silent
  3. The parties may freely prove the transaction by witness testimony
  4. The transaction is automatically void and no evidence of any kind is admissible

Explanation

Failure to observe the required simple written form does not make the transaction void; it restricts the means of proof. The parties lose the right to prove the transaction by witness testimony, but may rely on written and other evidence, and the restriction applies only where the dispute concerns the fact of the transaction itself.

Question 48Civil Law and Civil Procedure

Which measure qualifies as a means of securing the performance of an obligation under the Civil Code of Kazakhstan?

  1. Assignment of the claim to a third party
  2. Set-off of counterclaims
  3. Novation of the obligation
  4. Penalty (айыппұл, тұрақсыздық ақы) Correct answer.

Explanation

The Civil Code lists securing measures that include penalty, pledge, retention, surety, guarantee and deposit. Set-off, novation and assignment are ways of terminating or transferring obligations, not means of securing their performance.

Question 49Civil Law and Civil Procedure

A creditor assigns its right of claim to a new creditor without the debtor's consent. The assignment is valid, but the debtor was not notified. What is the position of the debtor who performs to the original creditor?

  1. The debtor's performance is invalid and the debtor must pay again to the new creditor
  2. The assignment is void because the debtor did not consent
  3. Performance to the original creditor is valid as against the new creditor until the debtor is notified of the assignment Correct answer.
  4. The debtor becomes jointly liable alongside the original creditor

Explanation

Assignment generally does not require the debtor's consent, and the debtor may continue to perform to the original creditor until receiving notice of the transfer. After proper notice, performance to the former creditor no longer discharges the debtor.

Question 50Civil Law and Civil Procedure

In Kazakh civil procedure, which body reviews a protest against a court decision that has already entered into legal force and has been upheld in cassation?

  1. The appellate instance of the oblast court
  2. The Supreme Court under the supervisory review procedure Correct answer.
  3. The prosecutor's office acting on its own motion
  4. The district court that issued the decision

Explanation

Supervisory review of decisions that have entered into legal force is exercised by the Supreme Court on protests of authorized officials. Lower courts and the prosecutor's office may initiate or participate in the process but do not themselves conduct supervisory review.