IP/N/6/KAZ/2  
5 July 2019  
(19-4492) Page: 1/17 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
RESPONSES FROM KAZAKHSTAN  
Civil and Administrative Procedures and Remedies  
 (a)  Civil judicial procedures and remedies  
 
1.  Specify the courts which  have jurisdiction over IPR infringement cases.  
 
According to the legislation in force, civil and administrative courts have jurisdiction over IPR 
infringement cases. In addition, IPR infringement cases may be reviewed in an arbitration court.  
 
2.  Which p ersons have standing to assert IPRs? How may they be represented? Are 
there  requirements for mandatory personal appearances before the court by the right 
holder?   
 
The IPR right holder, its authorized representative, governmental authorities within their 
competence, as well as non -governmental organizations that carry out activities in this field , have 
standing to assert IPRs.  
 
According to the Civil Procedure Code of the Republic of Kazakhstan (Article 57), citizens have the 
right to process their cases in  court in person or via their representatives. Personal participation 
does not deprive the right holder of the right to have a representative in this case.  
 
Cases initiated by juridical persons are processed by their heads, acting within their competences 
provided by the law, other regulations or founding documents, and (or) by their representatives. 
Heads of juridical persons shall submit to the court the documents proving their official position or 
authority.  
 
Therefore, according to the current civil legislation, personal presence of the right holder in the court 
is not mandatory in the event of presence of his/her/its representative.  
 
3.  What authority do the judicial authorities have to order, at the request of an 
opposing party, a party to a procee ding to produce evidence which lies within its control?  
 
According to Article 69 of the Civil Procedure Code of the Republic of Kazakhstan, the persons  
participating in the case and having a reason to doubt that submission of evidence necessary for 
them wi ll subsequently become impossible or difficult, can request the court to produce this 
evidence.  
 
Producing evidence shall be provided by the court by questioning of witnesses, ordering and 
performing expertise, examining the evidence in places where they a re stored, sending letters of 
request, and by other ways.   
 
The application requesting the production of evidence should indicate: that evidence should be 
produced, the circumstances of the case for confirmation or refutation of which production of 
evidenc e is required, and the reasons proving that the submission of the necessary evidence is 
                                                
1 Document IP/C/5  IP/N/6/KAZ/2  
 
- 2 - 
 
  difficult. The application should indicate the case for which the requested evidence is necessary and 
had been refused to produce before.   
 
Upon the results of consider ation of the application on producing evidence, the court issues a ruling 
according to which it performs procedural actions to produce evidence or refuses to do so. The ruling 
can be appealed to the court of appeal, whose decision is final and cannot be ch allenged.  
 
According to Article 770 of the Administrative Offences Code of the Republic of Kazakhstan, the 
parties that have a reason to doubt that provision of necessary evidences will be impossible or 
difficult, may ask a judge or state body (official) r eviewing the case on administrative offences, to 
secure these evidences.  
 
Production of evidences is carried out by requesting organizations to provide documents, 
information, opinions, expertise and on -site inspection as well as by other means regardless of their 
participation in the case.  
 
According to Article 771 of the Administrative Offences Code of the Republic of Kazakhstan, the 
application for producing evidence must specify: evidence which is necessary to provide; 
circumstances to be confirmed by t his evidence; reasons to apply for producing evidence and the 
case which require s this evidence.  
 
Application shall be submitted in writing , or in the form of electronic document certified by electronic 
digital signature, to the court or to the body (offic ial) reviewing the case of an administrative offence.  
 
According to Article 73.10 of the Civil Procedure Code of the Republic of Kazakhstan, the parties to 
the arbitration proceedings with the consent of the arbitration may apply motion to the court for 
assistance in obtaining evidence.  
 
4.  What means exist to identify and protect confidential information brought forward 
as evidence?  
 
According to paragraph 1 Article 19 of the Civil Procedure Code of the Republic of Kazakhstan, legal 
proceedings of civil c ases in all courts are open. Judicial acts are announced in public.   
 
At the same time, examination and resolution of the cases, including announcement of decisions 
that contain state secrets, are held in a closed court session.  
 
A civil case may be considered and settled upon motion of a person participating in the case at the 
closed court hearing if it is necessary to ensure confidentiality of child adoption, privacy of life, 
protection of personal, family, commercial or other secret protected by la w or there are other 
available circumstances, which prevent open proceedings.   
 
Personal correspondence and other personal messages may be announced in an open court hearing 
only upon consent of persons between whom such correspondence has taken place and to whom 
such personal messages concern. In case of unavailability of such a consent , correspondence and 
messages shall be announced and studied in a closed court hearing.   
 
According to Article 16 of the Code of the Administrative Offences of the Republic of Kazakhstan, 
privacy as well as personal, family, commercial and other secret information is protected by law. 
Everyone has the right to secrecy of personal deposits and savings, correspondence, telephone 
conversations, postal, telegraphic and other comm unications. Limitations of these rights in the 
course of administrative proceedings are allowed only in cases and manner expressly established by 
law.  
 
According to Article 5 of the Law "On Arbitration" of the Republic of Kazakhstan, dated 8 April 2016 
№ 488-V, arbitration is carried out in accordance with the principle of confidentiality, meaning that 
arbitrators and participants of arbitration proceedings may not disclose information that has become 
known during an arbitration hearing without consent of the parties or their successors and may not 
be questioned as witnesses about information they have learnt during arbitration proceedings, 
except for cases stipulated by the laws of the Republic of Kazakhstan.   
 IP/N/6/KAZ/2  
 
- 3 - 
 
  According to Article 32 of the Law "On Arbitr ation" of the Republic of Kazakhstan, dated 8 April 2016 
№ 488 -V, unless otherwise agreed by the parties, arbitration proceedings shall be conducted in a 
closed session of an arbitration court with the participation of the parties and (or) their 
representa tives.  
 
5.  Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative  or jurisprudential, for their use:  
 
- injunctions;  
 
-  damages, including recovery of profits, and expenses, including attorney 's 
fees;  
 
-  destruct ion or other disposal of infringing goods and materials/implements for 
their  production;  
 
-  any other remedies.  
 
According to Article 970 of the Civil Code of the Republic of Kazakhstan, protection of exclusive 
intellectual property rights is carried out by the means provided in Article 9:   
 
recognition of rights; restoration of situation that existed before infringement of right; suppression 
of actions that infringe the right or create a threat of infringement thereof; judgment for specific 
performance of  an obligation; recovery of damages; recognition of a transaction as invalid; 
compensation for moral damage; termination or modification of legal relations; recognition of an act 
of a government body as invalid; collection of fine from a state body or offi cial preventing a citizen 
or legal entity from acquiring or exercising the right, as well as by other means provided in legislative 
acts.  
 
Protection of exclusive rights may also be carried out by:   
 
(1)  seizure of material objects, use of which infringe s exclusive rights as well as material objects 
created as a result of such infringement;   
 
(2)  publication about infringement, including information about right holders;   
 
(3)  other means provided by legislative acts.   
 
Moreover, in accordance with Artic le 113 of the Civil Procedure Code of the Republic of Kazakhstan, 
the court can order the infringer to compensate attorney 's fees born by the winning party; however, 
the amount cannot exceed 10% of the amount of the claim.   
 
According to Article 1032 of th e Civil Code of the Republic of Kazakhstan, a person who violated the 
owner 's right on trademark is obliged immediately to discontinue violation and recover the los s 
suffered by owner of trademark.    
 
Similar liability is provided in Article 1037 of the Ci vil Code of the  Republic of Kazakhstan in respect 
of appellation of origin.  
 
According to Article 158 of the Code of the Administrative Offences of the Republic of Kazakhstan, 
unlawful use of someone 's trademark, service mark, appellation of origin and bra nd name lead to 
confiscation of infringing goods and their further destruction, except for cases where release of such 
goods is needed in the public interest and do not violate requirements of the consumer protection 
legislation of the Republic of Kazakhst an (provided that illegally used trademark or a sign having a 
degree of similarity  close to confusion to this trademark is removed from the goods and their 
packaging).    
 IP/N/6/KAZ/2  
 
- 4 - 
 
  6.  In what circumstances, if any, do judicial authorities have the authority to orde r the 
infringer  to inform the right holder of the identity of third persons involved in the 
production and  distribution of the goods or services found to be infringing and of their 
channels of distribution?  
 
Provisions with regard to  authorities specified in question are not directly stipulated in legislation of 
the Republic of Kazakhstan. However, according to Article 73 of the Civil Procedure Code of the 
Republic of Kazakhstan, in cases when provision of evidence by the parties and other persons 
involved in the case is difficult, the court assists them in requesting evidence. In addition, if a party 
retains the evidence requested by the court and does not submit it at the request of the court within 
the time-limit established by the court, it shall be assumed that the information contained in it is 
directed against the interests of this party and shall be considered as recognized by it.  
 
7.  Describe provisions relating to the indemnification of defendants wrongfully 
enjoined. To  what  extent are public authorities and/or officials liable in such a situation 
and what "remedial  measures" are applicable to them?  
 
According to Article 9 of the Civil Code of the Republic of Kazakhstan, the losses which are inflicted 
upon a citizen or a lega l entity as a result of issuing by a governmental body of an act which does 
not comply with legislation, or by any other state body, and also by acts (failure to act) of the officials 
of those bodies, shall be subject to compensation by the Republic of Kaz akhstan or by the relevant 
administrative and territorial unit.  
 
According to Article 113 of the of the Civil Procedure Code of the Republic of Kazakhstan, by the 
motion of the party, in favour  of which the decision was made, the court shall adjudge expens es, 
incurred by it on payment for the assistance of a representative (several representatives), 
participated in the process and who is not in labour  relations with this party, in the amount of actually 
incurred expenses by the party. Total amount of these expenses on recovery claims shall not exceed 
10% of the satisfied part of the claim. Amount of expenses by non -property claims shall be recovered 
within due limits, but shall not exceed three hundred monthly calculation indexes.   
 
In addition, according to  Article 114 of the Civil Procedure Code of the Republic of Kazakhstan, at 
the request of party, the court can reimburse damages for actual loss of time in favour  of one party, 
if another party declared clearly ungrounded claim or dispute against substanti ated claim (the person 
knew or should have known), or systematically prevented correct and prompt consideration and 
resolution of the case.   
 
According to Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the party in 
favour  of which t he decision was made, the court shall adjudge all court expenses incurred during 
the case.   
 
Pursuant to Article 113 of the Civil Code of the Republic of Kazakhstan, the Republic of Kazakhstan 
shall be liable for its obligations with the property of the St ate treasury, while an administrative and 
territorial unit shall be liable for its obligations with the property of the local treasury. Therefore, if 
losing party is a state or public body (official), recovery of expenses and damages, mentioned in 
Articles  113, 114 and 109 of the Civil Procedure Code of the Republic of Kazakhstan,  is implemented 
at the expense of State or Local treasury.    
 
Remedial measures mentioned above are also available in arbitration unless otherwise is not 
stipulated by arbitral agr eement or arbitral clause.   
 
According to Article 861 of the Code of the Administrative Offences of the Republic of Kazakhstan, 
judge, body (official) shall take all the measures provided by the Law on recognition of a person as 
innocent and on restitution  of personal non -property and property rights violated as a result of illegal 
actions of a judge, body (official).   
 
According to Article 862 of the Code of the Administrative Offences of the Republic of Kazakhstan, 
damage inflicted to a person as a result  of illegal application of the provisional measures in the case 
shall be compensated from republican budget in its entirety independently from guilt of a judge, 
body (official) authorized to consider cases on administrative offences.   
 IP/N/6/KAZ/2  
 
- 5 - 
 
  According to Article  863 of the Code of the Administrative Offences of the Republic of Kazakhstan, 
persons in respect of whom administrative proceedings were initiated in violation of the law have 
the right to compensation of property damage in its entirety, elimination of co nsequences of moral 
damage and restitution in all lost or impaired rights.  
 
8.  Describe provisions governing the length and cost of proceedi ngs. Provide any 
available data on the actual duration of proceedings and their cost.  
 
According to Article 183 of the Civil Procedure Code of the Republic of Kazakhstan, the period for 
review of civil case by a first -instance court ha s to correspond to its actual complexity and to the 
interests of the persons participating in the case.   
 
Civil cases shall be reviewed and resolved by the court within the period of up to two months from 
the date of completion of the preparatory work of the case for the court trial.   
 
Pursuant to Article 108 of the Civil Procedure Code of the Republic of Kazakhstan, the following 
expenses  are incidental to proceedings: amounts payable to witnesses, experts and specialists; 
expenses related to production of on -site inspection; expenses related to storage of material 
evidence; expenses for search of a defendant and (or) a child; expenses for  publication of 
announcements and notifications related to the case; expenses for notification and summons to the 
court of parties and other participants of the case; travel expenses of the parties and third parties 
and rent of housing incurred in connecti on with attendance in the court; expenses for 
representatives ' assistance; other expenses recognized as subject to reimbursement by the court, 
including those incurred by the parties in the procedures for compulsory pre -trial settlement of the 
dispute at s ubsequent court proceedings.   
 
Pursuant to Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the party, in 
favour of which the decision was made, is awarded by the court with all the legal expenses incurred 
in the case by the other par ty. If the claim is satisfied partially, the expenses are awarded to the 
plaintiff in proportion to the size of the claims satisfied by the court, and to the defendant - in 
proportion to that part of the claim in which the claimant was refused.   
 
According  to Article 817 of the Administrative Offences Code of the Republic of Kazakhstan, the 
cases on administrative offences shall be reviewed within fifteen days from the date of receipt of a 
protocol on administrative offence and other case materials by judge , body (official) legally 
competent to consider a case.   
 
In case of receipt of motions from participants of the proceeding on administrative offence or 
necessity of additional clarification of the circumstances of the case , the duration of review of the 
case may be extended by judge or body (official) reviewing the case but not more than for one 
month. A reasoned ruling shall be issued explaining extension of the duration.  
 
According to Article 764 of the Administrative Offences Code of the Republic of Kaz akhstan, injured 
party, witness, expert, specialist, interpreter and attesting witness are compensated for expenses 
incurred by them due to appearance in court, body (official) the proceeding of which includes the 
case on administrative offence in the mann er established by the civil procedure legislation, including 
the cost of trave lling of the mentioned persons from the place of residence or stay to the place of 
proceeding and return, and in cases when it is associated with staying at the other place – the cost 
of rent of a residential premise, as well as per diem.   
 
The average salary of the person called upon to the court as injured party, witness, expert, specialist, 
interpreter and attesting witness shall be preserved for the time-period  of their absenc e due to 
appearance in court, body (official) reviewing the administrative proceeding.   
 
Work of an expert, specialist and interpreter shall be paid in the manner established by the 
legislation.   
 
According to Article 35 of the Law "On Arbitration" of the Republic of Kazakhstan, dated 8 April 2016 
№ 488 -V, disputes are considered and resolved by an arbitration court within a period of up to two 
months from the day of completing the preparation of a case for arbitration, unless another time-
period  is establi shed by the rules or agreement of the parties. In addition, the established timeline 
may be extended by an arbitration court given the complexity of a dispute under consideration.   IP/N/6/KAZ/2  
 
- 6 - 
 
   
According to Article 41 of the Law "Оn Arbitration" of the Republic of Kaz akhstan, dated 8 April 2016 
№ 488 -V, expenses related to dispute resolution in arbitration include: arbitrator fees; expenses 
incurred by arbitrators in connection with participation in arbitration proceedings, including travel 
expenses to the place of dis pute consideration, accommodation and meals; amounts which are 
subject to payment to experts and translators; expenses incurred by arbitrators in connection with 
the survey and examination of written and material evidence at their location; expenses incurr ed by 
witnesses; costs of services of the representative by the party, in whose favour  the arbitral award 
has been made; expenses for organizational and material support of arbitration proceedings.   
 
In accordance with Article 42 of the Law "Оn  Arbitration" of the Republic of Kazakhstan, dated 
8 April 2016 №  488-V, the allocation of expenses, related to the resolution of a dispute, between 
the parties by an arbitration court shall be made by an arbitration court in accordance with the 
agreement of the parties, and in the absence thereof - in proportion to the satisfied and dismissed 
claims.  
 
 
(b)  Adminis trative procedures and remedies  
 
9.  Reply to the above questions in relation to any administrative procedures on the 
merits and  remedies that m ay result from these procedures.  
 
See the answers for each civil judicial procedures and remedies above.   
 
 
Provisional Measures  
(a)  Judicial measures  
 
10.  Describe the types of provisional measures that judicial authorities may order, and 
the legal  basis for such authority.  
 
Pursuant to Article 155 of the Civil Procedure Code of the Republic of Kazakhstan, upon application 
of persons participating in the case of arbitration or court proceedings, the court may take measures 
to secure the claim, if the  failure to take such measures may make the court decision difficult or 
impossible to fulfil. According to Article 156 of the Civil Procedure Code of the Republic of 
Kazakhstan, the measures to secure the claim can be the following: (i) seize the defendant 's 
property; (ii) prohibit the defendant from taking certain actions; (iii) prohibit other persons from 
transferring property or performing certain actions in respect to the defendant; (iv) suspend the sale 
of property in cases where a claim was filed to c ancel the seizure of property; (v) suspend a 
contested legal act issued by a State body, organization or an official; (vi) suspend a penalty imposed 
by an executive document, contested by the debtor in court; (vii) suspend tenders for enforcement 
of the pl edge out of court; (viii) suspend contested acts and actions of the executor related to the 
foreclosure of property performed in execution proceedings. If necessary, the court may take other 
measures to secure a claim that meet the purposes specified in pa rt one of Article 155 of present 
Code. The court may take several measures to secure the claim. In case of violation of the 
prohibitions specified in this article, the offender shall bear responsibility established by laws. In 
addition, the plaintiff has t he right to demand the compensation of losses caused by failure to fulfil 
the ruling on securing the claim.   
 
According to Article 785 of the Administrative Offences Code of the Republic of Kazakhstan, 
administrative court may order following provisional m easure:   
 
- warrant . 
 
11.  In what circumstances may such measures be ordered inaudita altera parte ? 
 
Pursuant to Article 157 of the Civil Procedure Code of the Republic of Kazakhstan, the application 
for securing the claim shall be reviewed and resolved by the judge without notifying the participants 
of the case or the parties to the arbitration and without holding a court session.   
 IP/N/6/KAZ/2  
 
- 7 - 
 
  Based on results of examination of the application, the judge issues a ruling on securing the claim, 
indicating the provisi onal measure provided for in Article 156 of the Code, or on refusing to satisfy 
the application.   
 
According to Article 743 of the Administrative Offences Code of the Republic of Kazakhstan, 
participants of proceeding on cases of administrative offen ces are informed on time and the place of 
consideration of the case or commission of separate procedural actions and subpoenaed, body (to 
official) notices.   
 
Refusal of an addressee from acceptance of a notification is not an obstacle of consideration of the 
case or commission of separate procedural actions.  
 
12.  Describe the main procedures for the initiation, ordering and maintenance in force 
of provisional  measures, in particular relevant time -limits and safeguards to protect the 
legitimate interests  of th e defendant.  
 
Pursuant to Article 158 of the Civil Procedure Code of the Republic of Kazakhstan, the ruling on 
securing the claim shall be sent by the court or handed to the person who applied for provisional 
measures in order to be presented to the releva nt persons for its immediate execution.   
 
Articles 159 and 160 provide for possibility of replacing or cancelling the measure on securing a 
claim that can be carried out by court at the request of the participant of the case or parties to the 
arbitration.   
 
In accordance with Article 161 of the Civil Procedure Code of the Republic of Kazakhstan, it is also 
allowed to appeal or protest the rulings on matters of securing the claim in the court of appeal, the 
decision of which is final.   
 
With the purpose of p rotecting the defendant 's legitimate interests, the court, by allowing secure of 
claim according to Article 162, may require the plaintiff to provide collateral for the defendant 's 
losses. Provision of collateral for possible losses shall be carried out by  depositing an amount 
specified in the court 's ruling to the authorized body.   
 
After entry into legal force of the decision the claim for which is refused, defendant has the right to 
bring a claim for compensation of losses caused by provisional measures.   
 
According to Article 790 of the Administrative Offences Code of the Republic of Kazakhstan,  the 
warrant is made by Law -enforcement bodies, Anti -corruption Service and Service of Economic 
Investigations on the basis of determination of the judge, body (o fficial) considering case of 
administrative offen ce in the order established respectively by the Agency of the Republic of 
Kazakhstan for Public Service and to Anti -corruption, the Ministry of Internal Affairs, Ministry of 
Finance of the Republic of Kazakh stan on the cases of administrative offenses which are in production 
of the specified bodies.   
 
According to Article 744 of the Administrative Offences Code of the Republic of Kazakhstan, the 
person concerning whom proceeding of administrative offen ce is conducted has the right to address 
with the complaint on application of provisional measures.  
 
13. Describe provisions governing the length and cost of proceedings. Provide any 
available data  on the actual duration of proceedings and their cost.  
 
According to Article 157 of the Civil Procedure Code of the Republic of Kazakhstan, the application 
for securing the claim shall be reviewed and resolved by the judge on the day of issuing the ruling 
on initiation of a civil case if it was attached to the statement of claim or indicated in the statement 
of claim. In other cases, the application for securing the claim shall be resolved by the judge on the 
day of its submission to the court.  
 
 IP/N/6/KAZ/2  
 
- 8 - 
 
  (b)  Administrative measures  
 
14.  Reply to the above questions in relation to any administrative provisional measures.  
 
As it was mentioned in reply to question 3 above, according to Article 770 of the Administrative 
Offences Code of the Republic of Kazakhstan, the parties that have a reason to doubt that provision 
of necessary e vidences will be impossible or difficult may ask a judge or state body (official) 
reviewing the case on administrative offences to secure these evidences.   
 
Securing of evidences is carried out by requesting organizations to provide documents, information,  
opinions, expertise and on -site inspection as well as by other means regardless of their participation 
in the case.   
 
According to Article 771 of the Administrative Offences Code of the Republic of Kazakhstan, the 
application for securing evidence must sp ecify: evidence which is necessary to provide; 
circumstances to be confirmed by this evidence; reasons to apply for securing evidence and the case 
which require this evidence.   
 
Application shall be submitted in writing or in the form of electronic documen t certified by electronic 
digital signature, to the court or to the body (official), reviewing the case of an administrative 
offence.  
 
 
Special Requirements Related to Border Measures  
15.  Indicate for which goods it is possible to apply for the suspension  by the customs 
authorities  of the release into free circulation, in particular whether these procedures are 
available also  in respect of goods which involve infringements of intellectual property 
rights other than  counterfeit trademark or pirated copyrigh t goods as defined in the TRIPS 
Agreement (footnote  to Article 51). Specify, together with relevant criteria, any imports 
excluded from the application  of such procedures (such as goods from another member 
of a customs union, goods in transit  or de minimis  imports). Do the procedures apply to 
imports of goods put on the market in  another country by or with the consent of the right 
holder and to goods destined for exportation?  
 
According to Article 458 of the Code on Customs Regulation of the Republic of Kaz akhstan, customs 
authorities shall take measures to protect the rights to intellectual property objects, when goods are 
placed under the customs procedures, except for placement of goods under the customs procedure 
of customs transit, the customs procedure  of destruction and a special customs procedure.   
 
Measures to protect the rights to intellectual property objects shall not be taken by the customs 
authorities during placement under the customs procedures of goods, transported across the 
customs border o f the Eurasian Economic Union (hereinafter – EEU), intended for official use by 
diplomatic missions, consular agencies, missions of states in international organizations, 
international organizations or their representative offices, other organizations or t heir representative 
offices, located in the territory of the Republic of Kazakhstan.   
 
Measures to protect the rights to intellectual property objects shall not be taken by the customs 
authorities in respect of goods, moved across the customs border of the  EEU by individuals for 
personal use, including those sent to their address in international postal items.  
 
16.  Provide a description of the main elements of the procedures relating to the 
suspension of the  release of goods by customs authorities, in particular the competent 
authorities (Article 51),  the requirements for an application (Article 52) and various 
requirements related to the duration  of suspension (Article 55). How have Articles 53 
(security or equivalent assurance), 56  (indemnification of  the importer and of the owner 
of the goods) and 57 (right of inspection  and information) been implemented?  
 
Suspension of release of goods by customs authorities (Article 51)   
 
Pursuant to Article 458.5 of the Code on Customs Regulation of the Republic of  Kazakhstan, the 
customs authorities take measures to protect the rights of rights holders to intellectual property IP/N/6/KAZ/2  
 
- 9 - 
 
  objects, included in the unified customs register of intellectual property objects of the member states 
of the EEU  and (or) the customs regi ster of intellectual property objects of the Republic of 
Kazakhstan , as well as those not included in such registries.   
 
Unified customs register of intellectual property objects of the member states of the EEU:   
 
Pursuant to Article 459.3 of the Code on Customs Regulation of  the Republic of Kazakhstan, the 
intellectual property objects that can be included in a unified customs register of intellectual property 
objects of member states of the EEU, shall be the obje cts of copyright and related rights, trademarks, 
service marks and appellations of origin of goods.   
 
The rights holder who has sufficient grounds to believe that there may be a violation of his rights to 
intellectual property objects, provided for by the customs legislation of the EEU and (or) the Republic 
of Kazakhstan, and other legislation of the Republic of Kazakhstan in connection with the movement 
of goods across the customs border of the EEU or when performing other actions with the goods 
that are u nder a customs control, shall have the right to apply for inclusion of intellectual property 
into a unified customs register of intellectual property objects of the member states of the EEU.   
 
An application on behalf of the rights holder, who does not hav e a permanent representation in the 
customs territory of the EEU, may be filed through the individuals, having a permanent location 
(registered) in the territory of one of member states of the EEU.   
 
The customs register of intellectual property objects of  the Republic of Kazakhstan:   
 
According to Article 461.1 of the Code on Customs Regulation of the Republic of Kazakhstan, 
inclusion of objects of copyright and related rights, trademarks, service marks and appellations of 
origin of goods (hereinafter – intellectual property objects) into the customs register shall be carried 
out by the authorized body at the request of the rights holder or a person, representing the interests 
of the rights holder.   
 
The rights holder , or other person representing the inter ests of the rights holder , who has sufficient 
grounds to believe that during the placement of goods under the customs procedures containing 
intellectual property objects, their rights to intellectual property objects are violated or can be 
violated, shall be entitled to submit an application in the form approved by the authorized body on 
protection of rights to intellectual property objects to the authorized body.   
 
Requirements for filing of application (Article 52)   
 
Unified customs register of intellectu al property objects of the member states of the EEU:   
 
In accordance with Article 459.5 of the Code on Customs Regulation of the Republic of Kazakhstan, 
the application shall be submitted to the Commission of the EEU in respect of one type of intellectual 
property objects.   
 
The application shall be attached with the documents, confirming the rights to intellectual property 
objects in each member state of the EEU (certificates, contracts, including those on transfer of rights 
and licen ce, other documents, w hich the rights holder or the person representing the interests of 
the rights holder (several rights holders), may submit in support of his rights to intellectual property 
objects in each member state of the EEU in accordance with the legislation of such m ember state of 
the EEU), as well as the documents, confirming the information to be included in the application.   
 
The application and the attached documents shall be submitted in Russian or another language. In 
case of submission of documents in another language, the application shall be attached with their 
translation into Russian language.   
 
The customs register of intellectual property objects of the Republic of Kazakhstan:   
 
Pursuant to paragraphs 3 and 4 of Article 461 of the Code on Customs Regulati on of the Republic of 
Kazakhstan, the application shall contain the following information:     
 
- about the rights holder, and in case, if the application is submitted by another person, 
representing the interests of the rights holder, also about such perso n;  IP/N/6/KAZ/2  
 
- 10 - 
 
   
-  information, including in electronic form, about the relevant intellectual property 
objects, the time-period  during which the rights holder will need the assistance of 
customs authorities in protection of his rights, as well as a description of the  goods, 
containing intellectual property objects, with the codes of goods indicated at the level 
of the first six digits in accordance with the unified Commodity nomenclature of foreign 
economic activity, the detailed information of the rights holder about  the goods, allowing 
the customs authorities to identify the goods with violation of rights to intellectual 
property objects;   
 
- a document, confirming the fact of movement of goods across the customs border of 
the EEU in violation of the rights to intell ectual property objects;   
 
-  about the persons, to whom the rights holder provided the consent for the use of 
intellectual property objects.   
 
The application shall be attached with:   
 
-  documents (originals or notarized copies thereof), confirming the e xistence and 
ownership of intellectual property rights (certificate or contract on transfer of rights, 
including the licensing, or an extract from the state register of intellectual property 
objects of the Republic of Kazakhstan or a certificate (extract) about the legal status of 
a trademark under the international registration or other documents that the rights 
holder or other person, representing the interests of the right holder, may submit in 
support of his rights to intellectual property objects);   
 
-  the power of attorney, issued by the rights holder to the person, representing his 
interests;   
 
-  the images of the distinguishing features of the original goods, containing intellectual 
property objects, and of the goods, containing the signs of infringement of the rights to 
intellectual property objects;   
 
-  the obligation of the rights holder or a person, representing the interests of the rights 
holder, about the compensation for property damage to the declarant and other 
persons, which may arise due to suspension of release of goods, containing intellectual 
property objects, in respect of which it is assumed that they are the goods with violation 
of rights to intellectual property objects, - in cases if it is established that the goods are 
not the goods with violation of the rights to intellectual property objects;   
 
-  a contract of liability insurance of the applicant for damage to other persons.   
 
Security or equivalent assurance (Article 53)   
 
Unified customs register of intellectual prop erty objects of the member states of the EEU:   
 
According to Article 459.9 of the Code on Customs Regulation of the Republic of Kazakhstan, 
simultaneously with the application, the obligation of the rights holder (several rights holders) shall 
be submitted  on compensation for material harm that may be caused to the declarant, owner, 
recipient of goods or other persons due to suspension of release of goods.   
 
The rights holder, in order to guarantee the fulfilment  of obligation, indicated in para. 9 of this  article, 
shall be obliged, within one month from the date of his notification about the possibility of inclusion 
of intellectual property objects into the unified customs register of intellectual property objects of 
the member states of the EEU, to submit to the Commission the contract (contracts) of liability 
insurance for causing property damage to persons due to suspension of release of goods or a contract 
(contracts), confirming the fulfilment  of the said obligation, that are legally effective in all me mber 
states of the EEU.   
 
At the same time the insured sum or the sum of security of fulfilment  of an obligation shall be the 
amount equivalent to not less than ten thousand euro at the exchange rate in force on the day of IP/N/6/KAZ/2  
 
- 11 - 
 
  conclusion of a contract (contrac ts) of liability insurance or other contract (contracts) or changes to 
such contracts.   
 
Otherwise, in case of failure of condition, mentioned above, objects of intellectual property shall not 
be subject to inclusion into Unified customs register of intell ectual property objects of the member 
states of the EEU.   
 
The customs register of intellectual property objects of the Republic of Kazakhstan :  
 
According to Article 461.4 of the Code on Customs Regulation of the Republic of Kazakhstan, 
applicant also sha ll submit following documents:   
 
-  the obligation of the rights holder , or a person representing the interests of the rights 
holder, about the compensation for property damage to the declarant and other 
persons, which may arise due to suspension of releas e of goods, containing intellectual 
property objects, in respect of which it is assumed that they are the goods with violation 
of rights to intellectual property objects, - in cases if it is established that the goods are 
not the goods with violation of th e rights to intellectual property objects;   
 
-  a contract of liability insurance of the applicant for damage to other persons.   
 
At that the insurance amount cannot be less than 1,000 -fold amount of monthly calculation index, 
established for the relevant financial year by the law on the republican budget.   
 
Requirements related to the duration of suspension (Article 55)   
 
According to Article 198 of the Code on Customs Regulation of the Republic of Kazakhstan, if, in the 
course of carrying out of customs o perations involving the placement of goods under customs 
procedures, containing intellectual property objects included in the unified customs register of 
intellectual property objects of the member states of the EEU or the customs register of intellectual 
property objects of the Republic of Kazakhstan, the customs authority has found the signs of violation 
of the rights of the rights holder to the intellectual property objects, the time-period  for the release 
of such goods shall be suspended for ten busines s days.   
 
At the request of the rights holder or a person representing his interests or interests of several rights 
holders, this period shall be extended by the customs authority, but not more than ten business 
days if the rights holder or a person repres enting his interests or interests of several rights holders 
appealed to the court for protection of rights of the rights holder in accordance with the laws of the 
Republic of Kazakhstan.   
 
Decisions on suspension of the time-period  for the release of goods  and the extension of the time-
period  for suspension of the time-period  for the release of goods is taken by the head of the customs 
authority or by the person authorized by him.   
 
Compensation for damage to the importer and the owner of the goods (Article  56)  
 
According to Article 198.7 of the Code on Customs Regulation of the Republic of Kazakhstan, 
property damage caused to the declarant, the owner, the recipient of goods containing intellectual 
property objects as a result of suspension of the time-period for the release of goods , shall be 
compensated by the rights holder in case if the court does not establish a violation of the rights of 
the rights holder.   
 
Right for inspections and information (Article 57)   
 
According to Article 198.5 of the Code on  Customs Regulation of the Republic of Kazakhstan, the 
customs authority shall notify the declarant and the rights holder or a person representing his 
interests or interests of several rights holders, not later than one business day following the day 
when the decision is made on suspension of the time-period  for the release of goods, containing 
intellectual property objects, and shall also inform the declarant about the name (surname, name, 
patronymic (if it is indicated in the identity document) and the lo cation (place of residence) of the 
rights holder and (or) of a person representing his interests or interests of several rights holders, 
and to the right holder or a person representing his interests or interests of several rights holders - IP/N/6/KAZ/2  
 
- 12 - 
 
  the name (surna me, name, patronymic (if it is indicated in the identity document) and the location 
(place of residence) of the declarant.  
 
17.  Describe provisions governing the length and cost of proceedings. Provide any 
available data  on the actual duration of proceedi ngs and their cost. How long is the validity 
of decisions  by the competent authorities for the suspension of the release of goods into 
free circulation?  
 
Inclusion of objects of intellectual property into the customs register , and in the unified customs 
register  of intellectual property objects of the member  states of the Customs Union , is free of 
charge.   
 
As it was mentioned  above, if, in the course of carrying out of customs operations involving the 
placement of goods under customs procedures, containing intellectual property objects included in 
the unified customs register of intellectual property objects of the member stat es of the EEU or the 
customs register of intellectual property objects of the Republic of Kazakhstan, the customs authority 
has found the signs of violation of the rights of the rights holder to the intellectual property objects, 
the time-period  for the re lease of such goods shall be suspended for ten business days.   
 
This period may be extended by the customs body upon the request of the right holder or a person 
representing his or her interests, but not more than for ten business days, if the rights holde r or a 
person representing his interests or interests of several rights holders appealed to the court for 
protection of rights of the rights holder in accordance with the laws of the Republic of Kazakhstan.  
 
18.  Are competent authorities required to act u pon their own initiative and, if so, in what  
circumstances? Are there any special provisions applicable to ex officio action?  
 
Pursuant to Article 199 of the Code on Customs Regulation of the Republic of Kazakhstan , the 
customs authorities shall have the right to suspend the time-period  for the release of goods 
containing intellectual property objects (trademarks) not included in the unified customs register of 
intellectual property objects of the member states of the  EEU or the customs register of intellectual 
property objects of the Republic of Kazakhstan, without the rights holder 's application if there are 
signs that the goods moved across the customs border of the EEU are the goods with violation of 
the rights to intellectual property objects, if there is information about the rights holder or his 
representative on the territory of the Republic of Kazakhstan.   
 
If there are signs of violation of the rights of the rights holder to intellectual property objects in th e 
course of customs operations related to the placement of goods under customs procedures, the 
customs authority shall suspend the time-period  for the release of goods containing intellectual 
property objects for a period of up to three business days, and immediately notify the rights holder 
and (or) a person representing his interests or interests of several rights holders, and the declarant 
about such suspension, reasons and time-period s for suspension.   
 
The decision to suspend the release of goods shall  be subject to cancellation, and the release of 
goods shall be resumed if, within a period of up to three business days, the rights holder:   
 
-  did not submit to the customs authority a written application for extension of the time-
period  for suspension o f the release of goods up to ten business days;   
 
-  submitted a written application for cancellation of the decision to suspend the release 
of goods.   
 
In the event that within a period of up to three business days the customs authority receives an 
applic ation from the rights holder about the extension of the period for suspension of the release of 
goods, the release of goods shall be suspended up to ten business days from the date of the initial 
suspension of the release of goods. In this case, the rights  holder and (or) a person representing his 
interests or interests of several rights holders shall be obliged to submit to the customs authority 
within ten business days from the date of the initial suspension of the release of goods, the following 
document s:  
 IP/N/6/KAZ/2  
 
- 13 - 
 
  -  determination of a judge on initiation of a civil case on a claim on violation of rights to 
intellectual property objects related to the fact of the movement of goods through the 
customs border of the EEU whose release is suspended;   
 
-  the obliga tion to compensate the property damage (damage) caused to the declarant, 
the owner, the recipient of goods containing intellectual property objects as a result of 
suspension of the time-period  for the release of goods in accordance with this article, - 
in cases where the court does not establish a violation of the rights of the rights holder;   
 
-  the written evidence confirming the rights holder 's appeal to the authorized body to 
include these goods in the customs register of intellectual property objects of the 
Republic of Kazakhstan in accordance with the procedure established by Article 460 of 
this Code.   
 
Otherwise, the time-period  for the release of goods shall be resumed.   
 
However, time-period  of IPR protection may not be more than two years from the date of inclusion 
in such registers.   
 
In this case, the property damage caused to the declarant, the owner, the recipient of goods 
containing intellectual property objects, as a result of the suspension of the period for the release of 
goods up to ten business days, shall be compensated by the rights holder.   
 
After the rights holder and (or) a person representing his interests or interests of several rights 
holders, submits the documents menti oned above, the time-period  for suspension of the time-period  
for the release of goods, as well as the time-period  for temporary storage of the said goods shall be 
extended until the court decision comes into force upon the rights holder 's claim.   
 
Propert y damage caused to the declarant, the owner, the recipient of goods containing intellectual 
property objects, as a result of the suspension of the time-period  for the release of goods, shall be 
compensated by the rights holder in case if the court does not  establish a violation of the rights of 
the rights holder.  
 
19.  Describe the remedies that the competent authorities have the authority to order 
and any criteria  regulating their use.  
 
According to Article 200 of the Code on Customs Regulation of the Repu blic of Kazakhstan, the 
customs authorities shall be obliged to transfer the goods in violation of the rights to intellectual 
property objects subject to destruction according to a court decision to the relevant authorized state 
body of the Republic of Kaz akhstan.   
 
In the event of a court decision on destruction of goods in violation of the rights to intellectual 
property objects, the relevant authorized state body of the Republic of Kazakhstan shall be obliged 
to immediately take measures to destroy them in accordance with the legislative acts of the Republic 
of Kazakhstan, regulatory decisions of the Government of the Republic of Kazakhstan.  
 
 
Criminal Procedures  
20.  Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.  
 
According to Article 51 of the Criminal Procedure Code of the Republic of Kazakhstan, any criminal 
case in the Republic of Kazakhstan including the cases on violation of intellectual property are 
performed by: the Supreme Court of the Republic of Kazakhsta n; regional and equated courts, 
military courts; district and equated courts; specialized inter -district criminal courts, specialized 
investigation courts, specialized inter -district investigation courts, specialized inter -district military 
criminal courts , specialized inter -district juvenile courts, military garrison courts.  
 IP/N/6/KAZ/2  
 
- 14 - 
 
  21.  In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available?  
 
According to Article 198 Criminal Code of the Republic o f Kazakhstan, criminal sanctions are applied 
in relation to:   
 
1.  Illegal use of objects of copyright and (or) related rights, as well as acquisition, storage, 
transfer or production of pirated copies of objects of copyright and (or) related rights in order 
of sale or appropriation of authorship or compulsion to co -authorship.   
 
2.  The same actions, if they are committed by a significant amount or inflicted significant damage 
or substantial harm to the rights or legal interests of author or other posse ssor of right, or 
committed repeatedly.   
 
3.  The actions, provided by second part of this Article, committed:   
 
(1) by group of persons on previous concert;   
 
(2) on a large scale or inflicted heavy damage;   
 
(3) by person with the use of his (her) offici al position.   
 
4.  The actions, provided by second or third parts of this Article, committed by criminal group.   
 
According to Article 199 of the Criminal Code of the Republic of Kazakhstan, criminal sanctions are 
applied in relation to:   
 
1.  Disclosure o f details before official publication without the consent of author or applicant of 
nature of invention, utility model, industrial design, selection achievement or topology of 
integrated microcircuit, as well as appropriation of authorship or compulsion to  co-authorship 
or illegal use of invention, utility model, industrial design, selection achievement or topology 
of integrated microcircuit.   
 
2.  The same actions, if they are committed by a significant amount or inflicted significant damage 
or substantial  harm to the rights or legal interests of author or other possessor of right, or 
committed repeatedly.   
 
3.  The actions, provided by second paragraphs of this Article, committed:   
 
(1)  by group of persons on previous concert;   
 
(2)  on a large scale or inflicted heavy damage;   
 
(3)  by person with the use of his (her) official position.   
 
4.  The actions, provided by second or third paragraphs of this Article, committed by criminal 
group.   
 
According to Article 222 of the Criminal Code of the Republic of  Kazakhstan, criminal sanctions are 
applied in relation to:   
 
1.  Illegal use of someone 's trademark, service mark, firm name, appellations of origin of goods 
or names similar with them for similar goods or services if this action has inflicted a 
considera ble damage.   
 
2.  Illegal use of warning marking in relation to trademark or appellations of origin of goods, 
which is not registered in the Republic of Kazakhstan, if this action has inflicted a considerable 
damage.  
 IP/N/6/KAZ/2  
 
- 15 - 
 
  22.  Which public authorities are resp onsible for initiating criminal proceedings? Are they 
required  to do this on their own initiative and/or in response to complaints?  
 
Liability for initiating criminal proceedings shall be borne by state bodies and officials carrying out 
the functions of cr iminal prosecution, including the investigator, the head of the investigative 
authority, the investigative authority and the prosecutor.   
 
According to Article 32 of the Criminal Procedure Code of the Republic of Kazakhstan, depending on 
the nature and gra vity of the criminal offence the criminal prosecution and accusation in court shall 
be carried out in private, private -public and public order.   
 
Criminal cases indicated in paragraph 1 of the Article 198 and paragraph 1 of the Article 199 of the 
Criminal Code of the Republic of Kazakhstan are initiated only based on the complaint of the injured 
party. The proceedings for these cases shall start only with the complaint of the victim and are 
subject to dismissal after his/her (victim) reconciliation with the  accused, the defendant.   
 
Criminal cases indicated in paragraph 2 of the Article 198 and paragraph 2 of the Article 199 of the 
Criminal Code of the Republic of Kazakhstan are considered as the cases of private -public 
prosecution. Proceedings in these case s begin only upon complaint of the complainant and shall be 
subject to the termination for his (her) reconciliation with the suspected, accused, defendant only in 
the cases of releasing from criminal responsibility in connection with conciliation.   
 
In addition, prosecutor begins or continues the proceedings on the private and private -public 
accusation in the absence of the complainant 's complaint, if the action affects the interests of person 
in a helpless or dependent condition or for other reasons is unable to make use of his (her) rights, 
or in the case of private -public accusation, affecting the interests of society or the state.   
 
Criminal cases indicated in paragraphs 3 and 4 of the Article 198, paragraphs 3 and 4 of the 
Article  199 and Article 222  of the Criminal Code of the Republic of Kazakhstan are considered as the 
cases of public prosecution. Criminal prosecution of these cases shall be carried out regardless of 
the injured party 's complaint.  
 
23.  Do private persons have standing to initiate criminal proceedings and, if so, who?  
 
See response to the question 22.  
 
24.  Specify, by category of IPR and type of infringement where necessary, the penalties 
and other remedies that may be imposed:  
 
-  imprisonment;  
 
-  monetary fines;  
 
- seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production;  
 
- other.  
 
According to Article 198 of the Criminal Code of the Republic of Kazakhstan, the sanctions for 
infringement of copyright and (or) related  rights are as follows:   
 
-  illegal use of objects of copyright and (or) related rights, as well as acquisition, storage, 
transfer or production of pirated copies of objects of copyright and (or) related rights in 
order of sale or appropriation of authors hip or compulsion to co -authorship are punished 
by the fine in the amount of up to one hundred monthly calculation indices or correction 
works in the same amount, or community services for the term of up to one hundred 
twenty hours.   
 
-  the same actions, if they are committed by a significant amount or inflicted significant 
damage or substantial harm to the rights or legal interests of author or other possessor 
of right, or committed repeatedly are punished by the fine in the amount of up  to three 
hundred monthly calculation indices or correctional works in the same amount, or IP/N/6/KAZ/2  
 
- 16 - 
 
  community services for the term of up to two hundred forty hours, or arrest for the 
term of up to seventy -five days.   
 
-  the actions, provided by second paragraph o f Article 198, committed by group of 
persons on previous concert or on a large scale or inflicted heavy damage or by person 
with the use of his (her) official position are punished by the fine in the amount of up 
to five thousand monthly calculation indice s or correctional works in the same amount, 
or restriction of liberty for the term of up to five years, or imprisonment for the same 
term, with deprivation of the right to occupy determined positions or to engage in a 
determined activity for the term of up  to three years or without it.   
 
-  the actions, provided by second or third paragraphs of Article 198, committed by 
criminal group are punished by imprisonment for the term of three to six years.   
 
According to Article 199 of the Criminal Code of the Republic of Kazakhstan, the sanctions for 
infringement of rights to invention, utility models, industrial designs, selection achievements or 
topologies of integrated microcircuits are as follows:   
 
-  disclosure of details before official publication witho ut the consent of author or applicant 
of nature of invention, utility model, industrial design, selection achievement or topology 
of integrated microcircuit, as well as appropriation of authorship or compulsion to co -
authorship or illegal use of invention,  utility model, industrial design, selection 
achievement or topology of integrated microcircuit are punished by the fine in the 
amount of up to one hundred monthly calculation indices or correctional works in the 
same amount, or community services for the term of up to one hundred twenty hours.   
 
-  the same actions, if they are committed by a significant amount or inflicted significant 
damage or substantial harm to the rights or legal interests of author or other possessor 
of right, or committed repeatedly  are punished by the fine in the amount of up to three 
hundred monthly calculation indices or correctional works in the same amount, or 
community services for the term of up to two hundred forty hours, or arrest for the 
term of up to seventy -five days.   
 
-  the actions, provided by second paragraphs of Article 199, committed by group of 
persons on previous concert or on a large scale or inflicted heavy damage or by person 
with the use of his (her) official position are punished by the fine in the amount of up 
to five thousand monthly calculation indices or correctional works in the same amount, 
or restriction of liberty for the term of up to five years, or imprisonment for the same 
term, with deprivation of the right to occupy determined positions or to enga ge in a 
determined activity for the term of up to three years or without it.   
 
-  the actions, provided by second or third paragraphs of Article 199, committed by 
criminal group are punished by imprisonment for the term of three to seven years.   
 
According  to Article 222 of the Criminal Code of the Republic of Kazakhstan, the sanctions for illegal 
use of trademark are as follows:   
 
-  illegal use of someone 's trademark, service mark, firm name, appellations of origin of 
goods or names similar with them for similar goods or services if this action has inflicted 
a considerable damage is punished by the fine in the amount of up to eighty monthly 
calculation indices or correctional works in the same amount, or community service for 
the term of up to eighty hours , or arrest for the term of up to twenty days.   
 
-  illegal use of warning marking in relation to trademark or appellations of origin of goods, 
which is not registered in the Republic of Kazakhstan, if this action has inflicted a 
considerable damage, is pu nished by the fine in the amount of up to eighty monthly 
calculation indices or correctional works of the same amount, or community service for 
the term of up to eighty hours, or arrest for the term of up to twenty days.  
 IP/N/6/KAZ/2  
 
- 17 - 
 
  25.  Describe provisions governing  the length and any cost of proceedings. Provide any 
available  data on the actual duration of proceedings and their cost, if any.  
 
The national legislation of Kazakhstan does not set limits for the consideration of the case in court, 
since the time-limits for its review depend on the circumstances of each specific case.   
 
However, according to Article 529 of the Criminal Procedure Code of the Republic of Kazakhstan, 
cases on criminal misdemeano urs (para. 1 and 2 of Article 198; para. 1 and 2 of Article 199 and 
Article 222 of the Criminal Code) are subject to judicial review within fifteen days of receipt by court. 
In the case of receipt of the applications of the participants in the process or the need for additional 
clarification of the circumstances of the  case, the term of consideration of the case may be extended, 
but not more than one month.   
 
Alongside with that, according to Article 629 -4 of the Criminal Procedure Code of the Republic of 
Kazakhstan, in the case of simplified proceedings, the judge considers the case within three days.   
 
Compensation of certain expenses,  incurred by persons involved in criminal proceedings , is regulated 
by Article 176 of the Criminal Procedure Code of the Republic of Kazakhstan. By way of criminal 
proceedings the exp enses of the injured party, civil claimant, their legal representatives, lawyers 
providing legal assistance as a defence counsel or representative of the injured party (private 
prosecutor) on the appointment of the body conducting the criminal proceedings,  attesting witness, 
interpreter, specialist, expert, witness, potential jurors, called to court, but not selected for the jury, 
are compensated at the expense of budget funds.   
 
According to Article 174 of the Criminal Procedure Code of the Republic of Kaz akhstan, if attorney 
represents client 's interests by appointment and without concluding a contract with him, 
remuneration of labour is implemented at the expense of budget funds.   
 
According to Article 178 of the Criminal Procedure Code of the Republic of  Kazakhstan, the question 
of recovery of procedural expenses is considered by the court in making a final decision in the 
criminal case. If the proceedings are completed at the pre -trial stage of criminal proceedings, the 
investigating judge shall consider  the recovery of procedural expenses by presentation of the 
procurator. Procedural expenses may be imposed by the court on the suspected, accused, convicted 
or accepted by the state . 
 
 
__________