Representation in court for businesses in Kazakhstan

28.02.2022

Representation in court means a lawyer conducts the case on your behalf: drafting a statement of claim or a response, collecting evidence, attending hearings and appealing the judgment. KORGAN Law Firm represents companies and entrepreneurs in the courts of Kazakhstan in commercial, tax and corporate disputes. The case is handled by a team of lawyers: the court expects a position that is clear, timely and supported by evidence, and this is hard to achieve without litigation experience.

When you need a representative in court

• The dispute requires knowledge of legislation and case law, and there is no in-house lawyer or they have no litigation experience.
• The director or a party to the dispute cannot attend hearings, including because they are abroad.
• A claim, response or appeal must be filed urgently, and the deadlines are already running.
• A claim has been filed against the company, and a defence needs to be built.

What a representative does

Under a power of attorney, the lawyer performs all procedural actions for the client:

• assesses the prospects and risks of the case before going to court;
• drafts a statement of claim if you are the plaintiff, or a reasoned response if you are the defendant;
• collects documents and files motions, including for an expert examination and for securing the claim;
• attends court hearings and works with witnesses;
• amends the claims, concludes a settlement or mediation agreement — as agreed with you;
• receives the judgment and appeals it to the appeal and cassation courts if it is not in your favour;
• handles enforcement of the judgment.

A representative may sign a claim, amend the claims, conclude a settlement, waive the claim or appeal only if these powers are expressly stated in the power of attorney (Article 60 of the Civil Procedure Code). We will prepare the text of the power of attorney.

Disputes we handle

Commercial disputes

• Recovery of debts under contracts: the principal debt, penalty, legal costs and the costs of a representative. More on the page “Debt collection“.
• Recovery of damages.
• Protecting employers in employees’ claims for the recovery of wages.

Construction contract and public procurement disputes

• Recovery of debt for work performed from the customer.
• Recovery of a prepayment from a contractor for improper performance of a work contract.
• Termination of a construction contract in court.
• Claims to compel a contractor to remedy defects in the work.
• Protection of a supplier in claims for recognition as an unfair participant in public procurement, challenging procurement results.

Corporate disputes

• Related to the creation, reorganization and liquidation of a legal entity.
• On claims of participants and shareholders for compensation of losses caused to the company, for invalidation of the company’s transactions and application of the consequences of their invalidity.
• On the appointment, termination of powers and liability of directors and members of management bodies.
• On convening a general meeting of participants and challenging decisions of management bodies.

Tax disputes

• Challenging notifications based on the results of tax audits and in-house control.
• Disputes on pseudo-entrepreneurship and invalidation of the registration of a legal entity.
• Claims of tax authorities for the invalidation of transactions.
• Challenging the accrual of penalties and restrictions on the disposal of property.

Disputes with government agencies out of court, appeals against inspections and orders — on the page “Disputes with government agencies“.

Pre-trial settlement

• Claim procedure for resolving a dispute.
• Dispute resolution with a mediator.
• Dispute resolution in permanent arbitration. How arbitration differs from a state court is explained in the article “In line for justice: state or arbitration court“.

We also handle disputes of individuals: debts on receipts, inheritance, housing, land and labour disputes, consumer protection.

How we work

1. Consultation: we find out the circumstances of the case and study the documents.
2. We assess the prospects and risks and propose a strategy.
3. We prepare the claim, response or appeal and the evidence.
4. We represent you at hearings and keep you informed of every step: key decisions on the case are yours.
5. After the judgment — an appeal or enforcement.

From our practice

• Representing a Foreign Company in Court
• Case won in the Supreme Court of the Republic of Kazakhstan
• The decision of the court of first instance was canceled
• Protecting the client’s interests: successful defense against an unfounded claim

Cost

The cost of representation depends on the complexity of the case, the number of instances and the amount of evidence, and is agreed before work begins. For legal support clients — from 200,000 tenge per case beyond the monthly package (prices include VAT). If the court rules in your favour, in property disputes it will recover the costs of a representative from the other party in the amount actually incurred, but not more than 10% of the amount awarded (Article 113 of the Civil Procedure Code).

Frequently asked questions

How long does a court case take?
It depends on the complexity of the case, the number of instances and the court’s workload. We estimate the timing after studying the documents.

Do I have to attend hearings myself?
No, under a power of attorney the case is conducted by the representative. Your presence is needed if the court summons you personally.

Related articles

• Top 5 Mistakes Entrepreneurs Make When Going to Court
• Litigation in civil cases arising from tax disputes
• About the Court of the Astana International Financial Center (AIFC)
• Claim Forms

To discuss your case, call us: +7 700 500 05 53, or leave a request on the website.

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