A Study On The Jurisdiction Of International Civil Procedure Of Republic Of Kazakhstan

With the background of how Kazakhstan constructs its judicial system and judicial sovereignty, the thesis analyzes the process of the establishment of International Civil Procedure Jurisdiction (ICPJ) in Kazakhstan, its existing law of ICPJ, and the problem as well as its trends in the jurisdiction. First of all, the establishment of ICPJ is deeply rooted in the historical background and political factors. From the independence to the later the years, Kazakhstan converted itself from a nationalist country to a citizen country. During the time it also established its own judicial system, which if inflicted in the construction of jurisdiction system can be seen as the development from nationality jurisdiction, residence jurisdiction to internationality jurisdiction and domicile jurisdiction. Secondly, the system of ICPJ shows the national sovereignty of Kazakhstan. A sovereign state should distribute various kinds of jurisdiction within the scope of international society. However, different states are expanding their own jurisdiction, which would ultimately lead the international civil procedure to conflicts. Therefore the aim of the thesis is to analyze conflicts and coordination of jurisdiction in Kazakhstan. Thirdly, general statement of legislation in Kazakhstan, Kazakhstan establishes its ICPJ according to residence, seat of defendant's possessions, seat of litigation causes (including seat of contract performance, seat of delict), internationality of the litigant; litigant's negotiated jurisdiction and exclusive jurisdiction. The principles of solving ICPJ conflicts include compromised...