CONTRACTUAL TERRITORIAL JURISDICTION IN THE CIVIL PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN: QUESTIONS OF THEORY AND PRACTICE

Abstract

The right to judicial protection is directly related to the provision of subparagraph 3 of paragraph 3 of Article 77 of the Constitution of the Republic of Kazakhstan, that no one can change the jurisdiction provided for by law without his consent. The correct determination of the jurisdiction of a particular civil case to a particular court is a prerequisite for exercising the right to appeal to the court and ensuring access to unhindered judicial proceedings. The article is devoted to the issues of reforming the institution of jurisdiction in civil proceedings. The relevance of the topic is due to changes in the current Civil Procedure Code of the Republic of Kazakhstan, as well as the lack of scientific research concerning the study of the updated institute of jurisdiction in civil proceedings. In the theory of civil procedural law, there is no generally accepted notion of contractual extraterritorial jurisdiction. It is necessary to consider the fact that it is the rules of jurisdiction that create serious difficulties in law enforcement. The problem of the correct determination of jurisdiction is very important for the judiciary. The purpose of writing this scientific article is to analyze changes in civil procedural legislation on the issue of contractual extraterritorial jurisdiction. Methodological basis: systematic, descriptive, comparative legal. Private scientific methods were also used: the legal-dogmatic method of interpreting legal norms.