is it possible to recover the debt through the court

Kazakhstanis Neglect Agreements, Raising Questions About the Legitimacy of Correspondence as Legal Evidence

In Kazakhstan, a growing concern has emerged regarding the neglect of agreements by individuals, leading to situations where debtors evade their obligations, leaving borrowers unable to seek legal recourse to recover their money. Tengri Life, a prominent news outlet, recently discussed this issue with lawyer Nadezhda Geldt, shedding light on whether a screenshot of correspondence can be considered valid legal evidence.

According to Article 63 of the Civil Procedure Code of the Republic of Kazakhstan, evidence in a case is defined as information obtained through legal means, which serves as the basis for the court to determine the presence or absence of charges. The author of the Right to Know telegram channel further explains that this information can be derived from various sources, including explanations from the parties involved, testimonies from witnesses, expert opinions, physical evidence, protocols of proceedings and court sessions, audio and video recordings, data obtained through video conferencing systems, and other relevant sources.

One form of evidence that has gained attention is emails, which can be considered written evidence and used to enforce rights. However, to ensure that correspondence is admissible as evidence, certain requirements must be met. Firstly, it is crucial to establish the ownership of the phone number associated with the correspondence. For instance, obtaining a printout from the mobile operator can verify if the number belongs to the person in question. Secondly, it is advisable to certify the screenshot of the correspondence with a notary. The Law of the Republic of Kazakhstan “On Notaries” outlines the procedure for providing evidence through a notary.

While it is possible to pursue a debt repayment case in court without a receipt, other forms of evidence must be presented. These may include not only screenshots of correspondence but also audio and video recordings, emails, explanatory notes from the debtor, testimonies from witnesses, and other material evidence.

The neglect of agreements by Kazakhstanis has created a challenging environment for borrowers seeking to recover their money. The discussion between Tengri Life and lawyer Nadezhda Geldt highlights the importance of understanding the legal requirements for using correspondence as evidence in court. By adhering to these guidelines, individuals can strengthen their case and increase their chances of obtaining a favorable outcome in debt-related disputes.

How can a screenshot be used as evidence to establish the existence or non-existence of certain facts in Kazakhstan?

T to establish the existence or non-existence of certain facts. In the case of agreements and correspondence, the question arises as to whether a screenshot can be considered valid evidence.

Under Kazakhstani law, a written signature is not necessarily required for a valid contract. Contracts are generally considered valid if legally competent parties reach an agreement, regardless of whether it is in written or electronic form. This means that correspondence, including screenshots, can potentially be used as evidence in legal proceedings.

However, the admissibility and weight of such evidence would depend on various factors, including the specific circumstances of the case, the authenticity and reliability of the screenshot, and any additional evidence or supporting documentation.

It is important to note that while a screenshot may be considered as evidence, it is always advisable to consult with a legal professional in Kazakhstan who can provide expert advice on the specific legal requirements and evidentiary standards applicable to a particular case.

In conclusion, although there is a growing concern about the neglect of agreements in Kazakhstan, including situations where debtors evade their obligations, a screenshot of correspondence can potentially be considered valid legal evidence. However, the admissibility and weight of such evidence would depend on the specific circumstances and requirements of each case. It is always recommended to seek legal advice from a qualified professional for guidance on evidentiary standards and legal recourse in Kazakhstan.