THE ORDER OF THE HEAD OF DEPARTMENT ON ENSURING ACTIVITY OF THE COURTS UNDER THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN (THE OFFICE OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN)

of November 24, 2015 No. 6001-15-7-6/486

About approval of Rules of technical application of means audio-, the videos providing fixation of the course of judicial session, storage and destruction audio-, videos, access to audio-, to video

According to part five of Article 282 of the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015, part five of Article 347-1 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014, part five of article 829-13 of the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014, I ORDER:

1. Approve the enclosed Rules of technical application of means audio-, the videos providing fixation of the course of judicial session, storage and destruction audio-, videos, access to audio-, to video.

2. To provide to department of organization-legal ensuring activities of local courts and offices of Department of ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration the direction of this order on official publication in periodic printing editions and in information system of law of Ad_let;

3) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on Internet resource of the Supreme Court of the Republic of Kazakhstan.

3. Declare invalid the order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of July 3, 2015 No. 336 "About approval of Rules of technical application of means audio-or the videos providing fixation of the course of judicial session" (registered in the Register of state registration of regulatory legal acts for No. 11896, published in information system of law of Ad_let on August 28, 2015).

4. To impose control of execution of this order on the deputy manager of Department on ensuring activity of the courts in case of the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) Elibayev K. O.

5. This order becomes effective after ten calendar days after day of its first official publication, but not earlier than January 1, 2016.

Approved by the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of November 24, 2015 with No. 6001-15-7-6/486

Rules of technical application of means audio-, the videos providing fixation of the course of judicial session, storage and destruction audio-, videos, access to audio-, to video

Chapter 1. General provisions

1. These rules of technical application of means audio-, or the videos providing fixation of the course of judicial session, storage and destruction audio-, videos, access to audio-, to video (further - Rules) are developed according to the Code of civil procedure of the Republic of Kazakhstan (further - RK GPK), the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK) and the Code of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code of RK) and determine procedure for technical application of means audio-, the videos providing fixation of the course of judicial session, storage and destruction audio-, videos, access to audio-, to video of record.

2. Audio-, videos of judicial sessions are used for the purpose of legal proceedings for exact fixation of the course of legal proceedings, and also for the purpose of establishment of actual data in civil, criminal trial, production on cases on administrative offenses, or within production on disciplinary case.

Chapter 2. Procedure for technical application of means audio-, the videos providing fixation of the course of judicial session

3. During each judicial session of Trial Court it is conducted audio-, video of judicial session, except as specified:

1) when the civil case is considered without challenge of the parties (the mandative, simplified (written) production);

2) if person concerning whom proceeedings about administrative offense are conducted when considering the case about administrative offense completely admits the guilt, does not declare need to research proofs;

3) technically defective equipment, its absence or impossibility of application for technical reasons.

In absence cases in judicial session of all persons participating on civil case or when judicial session is held without research of new proofs, the question of taking the minutes of judicial session is resolved by the judge.

By preparation of civil case for legal proceedings in Trial Court the protocol is kept according to the petition of the parties or at the initiative of court, and also in cases when at this stage the decision on the substance of dispute is passed.

4. In judicial session of Appeal Court audio-, the video is conducted in cases:

1) when the civil case is considered by Appeal Court by rules of Trial Court, in case of research of new proofs on the rules provided by part two of Article 413 and part four of Article 420 GPK of RK;

2) researches on criminal case of new proofs, interrogation of the convict (justified), the witness, the victim, the expert, the specialist and other persons according to requirements of the Code of Criminal Procedure of RK;

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