ON SOME THEORETICAL AND LEGAL ASPECTS OF DISCLOSURE OF DOCUMENTS IN CIVIL PROCEEDINGS IN ENGLAND AND KAZAKHSTAN

Abstract

The article deals with the institution of disclosure of documents in civil proceedings in England and its borrowing into domestic civil proceedings. Disclosure of documents is a distinctive feature of civil proceedings in common law countries, its existence in the legal systems of civil law countries is the result of borrowing. From this perspective, the effectiveness of introducing disclosure of documents into civil proceedings in the Republic of Kazakhstan is of interest. The author cites the results of a sociological survey among civil litigators, the results of which demonstrate an incomplete awareness of the essence and meaning of documents disclosure procedures in civil proceedings. The purpose of the research is to determine the essence of documents disclosure, with a demonstration of its effectiveness and potential, by comparing disclosure in English and Kazakhstan law. The author attempts to highlight theoretical aspects of English documents disclosure with a focus on the main objectives and role in civil proceedings. Particular attention is paid to the legal regulation of documents disclosure in England, including objects, subjects, limits of disclosure, as well as liability for non-compliance with disclosure rules. Drawing a parallel between the legal regulation of disclosure in England and the existing legal regulation of disclosure in civil proceedings in Kazakhstan, the author demonstrates the existence of gaps in the rules of the Code of Civil Procedure of the Republic of Kazakhstan, the elimination of which can contribute to the effectiveness of documents disclosure. As a solution of problematic issues it is suggested to introduce amendments into the norms of the Civil Procedure Code of the Republic of Kazakhstan, as well as recommend to issue a normative resolution of the Supreme Court of the Republic of Kazakhstan in order to establish a unified procedure for disclosure of documents.