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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 October 15, 2019 No. 7

About approval of Rules of use of the technical means of communication providing participation in judicial session and requirements to them

According to part four of Article 133-3 of the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015, I ORDER:

1. Approve the enclosed Rules of use of the technical means of communication providing participation in judicial session and requirements to them.

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

3. This order becomes effective after ten calendar days after day of its first official publication.

Head of Department

N. Akhmetzakirov

It is approved

Ministry of Health of the Republic of Kazakhstan

_____________________

"___" _________ 2019

 

It is approved

Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan

_____________________

"___" _________ 2019

 

It is approved

Ministry of Internal Affairs of the Republic of Kazakhstan

_____________________

"___" _________ 2019

 

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

_____________________

"___" _________ 2019

 

 

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 October 15, 2019 with No. 7

Rules of use of the technical means of communication providing participation in judicial session and requirements to them

Chapter 1. General provisions

1. These rules of use of the technical means of communication providing participation in judicial session and requirements to them are developed according to part four of Article 133-3 of the Code of civil procedure of the Republic of Kazakhstan and determine procedure for use of the technical means of communication providing participation in judicial session.

2. In Rules the following basic concepts are used:

1) video conferencing - service of communication with use of information and communication technologies for interactive interaction of several removed subscribers in real time with possibility of exchange of audio-and video information;

2) technical means of communication - set of hardware of computer facilities, the program and telecommunication technologies providing carrying out video conferencing between halls of judicial sessions of two and more courts or court room and organizations, and also the means providing carrying out video conferencing between the courtroom and persons participating in case, their representatives, and also witnesses, experts, specialists, translators (further - participants of process), using the personal means of communication connected to the Internet with the software of the participant of video conferencing (mobile application of the Judicial Office service) established on them;

3) audio-, video fixing of judicial session - process of digital record of video and sound which are fixed by means of video cameras and microphones in courtroom, and also the process arriving on data transmission networks from participants, using video conferencing;

4) persons providing the organization of video conferencing - the employees of structural or territorial subdivision of Departamenta/administrator of courts determined by the Head Departamenta/administratora of courts for coordination of works on carrying out video conferencing;

5) the technical specialist - person performing technical maintenance of system of video conferencing in courts.

3. The procedure for storage and destruction audio-, videos of judicial session is performed according to 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 "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" (No. 12457) is registered in the Register of state registration of regulatory legal acts on December 22, 2015.

4. Information security in case of use of technical means of communication is ensured by persons responsible for the organization of video conferencing and persons responsible for technical supply of video conferencing according to the Law of the Republic of Kazakhstan of November 24, 2015 No. 418-V "About informatization".

Chapter 2. Procedure for use of the technical means of communication providing participation in judicial session

5. Judicial sessions using video conferencing are held in halls of judicial sessions of the courts equipped with technical means of communication.

6. The video conferencing can be applied only in proceeding in open court. In case of removal of determination by court about trial of case in the closed judicial session, use of technical means of communication stops.

7. Carrying out judicial session using technical means of communication is performed at the initiative of court or according to the petition of the participant of process if technically possible in the court considering case and also in court or in the organization specified in the petition.

8. For participation in judicial session using video conferencing by the participant of process the corresponding petition moves. With the petition in court the copy of the identity document of the participant of process, for confirmation of powers of the representative including the power of attorney shall be provided.

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