Feedback on “Reference book of documents required for filing a lawsuit in civil, economic and administrative cases”
Directory of documents required for filing a lawsuit in civil, economic, and administrative cases (hereinafter referred to as the Directory) under the general editorship of Maksimbekova D.I., Director of the branch of the International Organization for Development Law in the Kyrgyz Republic, Adviser on capacity building of the justice sector, ex Judge of the Supreme Court of the Kyrgyz Republic, prepared by highly professional lawyers of the Kyrgyz Republic, including recognized proceduralists, current and former judges of the Kyrgyz Republic:
- Aitbaeva I.M., retired judge, teacher of the Higher School of Law under the Supreme Court of the Kyrgyz Republic (Chapters I-III, IV: 1-2, VII, X-XIV, XVII, XVIII: 2-3, XXXVIII, XXXIX);
- Akhmetova A.K., Chairman of the Administrative Court of the Chui region (Chapters VIII, XIV, XXVIII: 1-15, XXIX-XXXV);
- Kalybaev A.Zh., Chairman of the Pervomaisky District Court of Bishkek (Chapters II, XV, XVI);
- Melnikova M.P., Judge of the Supreme Court of the Kyrgyz Republic (Chapters V, VI, IX, XVIII-1, XXXVII);
- Rybalkina A.D., Judge of the Bishkek City Court (Chapters XVIII:4-11, XIX – XXVII, XXXVI).
The presented book is the first edition of the reference book, the first such publication in the recent history of jurisprudence of the Kyrgyz Republic, which best of all speaks of the value of this work.
The reference book is in demand, this is obvious since there are no analogs to it at present. The handbook consists of 39 chapters, each of which provides a brief but very capacious description of the minimum written evidence for various categories of cases attached to the statement of claim in accordance with part 4 of article 135 of the Code of Civil Procedure of the Kyrgyz Republic, which is necessary for its adoption by the court in accordance with article 136 of the Code of Civil Procedure of the Kyrgyz Republic. These lists of evidence are based on the general legislative rules of judicial proof, correlated with the practice of courts of general jurisdiction (and in some cases, arbitration). Comments on the relevant definitions are given, and signs of evidence, their types, and stages of proof are described.
The authors justifiably chose the classical system of organizing the material: according to the types of procedural actions, repeating the logic of presenting the material in the Code of Civil Procedure.
First, the action proceedings are presented (most of the material). Then there are cases arising from public relations. After that, the evidence in the proceedings is characterized – special (for example, on the establishment of facts) and executive, as well as a completely new category of claims for the domestic law enforcer – administrative.
The Directory also provides evidence-based on tax, customs disputes, and bankruptcy cases. At present, such information will be extremely useful for judges of district courts, who have only recently been transferred to this category of disputes, in order to improve the quality of legal proceedings in economic disputes, overcome the vicious practice of making decisions “by template” and emasculate the essence of justice.
Under these conditions, the Handbook will help improve the professional legal culture of judges of local courts of the Kyrgyz Republic, because the courts today primarily contribute to economic growth in the state, creating a predictable and fair legal environment through the adoption of lawful, fair and reasonable decisions, provide reliable protection of the rights of citizens and their associations, including property rights.
The need to resume economic growth in the Kyrgyz Republic and ensure long-term stability puts on the agenda the issue of improving the judicial system, and increasing the authority of the judiciary.
The book summarizes the considerable practical experience of the courts of general jurisdiction, and this is felt literally in every line of the text, although the authors practically do not give specific examples.
The value of a book, it seems to me, is determined by two factors.
- Firstly, in preparing for the categories of cases considered in the book, representatives of the parties can directly use published developments and evidence schemes.
- secondly, the work of the above lawyers contains valuable information on how to prove any – not only those considered in the book – claims within the framework of a civil process.
The handbook gives a very clear idea of how evidence is organized in the courts of the Kyrgyz Republic. The authors systematized data on the subject and burden of proof, identification and collection of various types of evidence, and their study, evaluation, and verification of the correctness of proof during the revision of judicial acts. Moreover, the materials are presented from the point of view of an ideal judge. Emphasis is placed on how to build a system of proof in terms of established judicial standards. It is characteristic that the authors in the notes on each statement (claim) draw attention to typical situations in the study of evidence and the sequence of judicial appeal.
The book is very important for understanding the ideas of judges about proof in the civil process of the Kyrgyz Republic.
In my opinion, the first edition of the Handbook deserves the highest rating in professional literature and periodicals.
A directory of documents required for filing a lawsuit in civil, economic, and administrative cases is very useful to work, especially since it is published both in the state and in the official language, that is, it is available to all categories of the population, and above all, for lawyers, lawyers, judges, prosecutors, in other words, for all legal professions, when drafting claims and participating in civil courts.
I look forward to its subsequent reprints in the context of an acute shortage of such literature, since at present in the Kyrgyz Republic, except for the International Organization for Development Law in the Kyrgyz Republic, the United States Agency for International Development (USAID), no one professionally and systematically deals with the publication of specialized literature for lawyers.
Directory of documents required for filing a claim with a court in civil, economic and administrative cases Reference to the documents required to file a lawsuit in civil, economic and administrative casesT.I. Imankulov –
Doctor of Law, Associate Professor, Professor of the Department of Theory and History of State and Law, Faculty of Law, Kyrgyz National University named after. J. Balasagyn
Source: https://www.knu.kg/ru/index.php?option=com_content&view=article&id=8621:2022-03-01-10-04-28&catid=124:2010-04-21-10-36- 57&Itemid=281
