of May 14, 1998 No. 1
About some questions of application of the legislation on judicial authority in the Republic of Kazakhstan
For the purpose of uniform application in court practice of the regulations regulating questions of ensuring independence of judges when implementing justice, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
1. Draw the attention of courts to need for activities for implementation of justice to proceed from provision of the Constitution of the Republic of Kazakhstan (further – the Constitution) that judicial authority in the Republic is branch of the government interacting with other branches of the government of the Republic: system of controls and counterbalances, legislative and executive with use.
2. No. 10 is excluded according to Normative the Resolution of the Supreme Court of the Republic of Kazakhstan of 22.12.2022
3. The judge when implementing justice shall be independent, submit only to the Constitution and the law, to keep objectivity and impartiality, to provide realization of the principle of competitiveness and equality of participants.
The judge shall not offer any explanations and express the opinion on the substance of the legal cases considered or being in its production.
According to the principle of competitiveness and equality of participants, the court shall provide to the parties in judicial session equal opportunities and necessary conditions for accomplishment by the parties of their procedural obligations and implementation of the rights granted to them.
4. Courts shall pay special attention to questions of independence of judges, take measures for inadmissibility of intervention in their activities, stop attempts of control of judges or assignment on them of obligations, not inherent in their powers.
Should understand any forms of impact on the judge for the purpose of hindrance as intervention in activities of court implementation of objective and impartial justice by it on specific case. Direct specifying or indirect request of person for adoption of the decision by court (judge) for benefit of the specific party of legal procedure and other intentional actions made for the purpose of hindrance to implementation of objective and impartial justice by it on case, in particular, can be referred to such types of intervention.
Capture on control of the case which is in production of court, state bodies or their officials justice implementation should regard as intervention in judicial activities for the purpose of hindrance.
Such actions attract the criminal liability provided by parts one, third article 407 of the Criminal Code of Kazakhstan (further - UK).
The organization and holding meetings, meetings, demonstrations, processions, pickets or other public actions in premises of courts, in the territories and other public places, adjacent to buildings of the courts, concerning administration of law and with violation of requirements of the legislation on procedure for the organization and holding peaceful assemblies in the Republic of Kazakhstan is subject qualifications as offense, stipulated in Article 488 Codes of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code).
4-1. According to the Charter of Republican public association "Union of judges of the Republic of Kazakhstan" (further - the Union of judges) subject and main objective of its activities, along with others, protection of interests of judicial community, assistance to strengthening of the status of judges and their independence are.
In this regard according to the subitem 4 parts one of Article 58 of the Code of civil procedure of the Republic of Kazakhstan (further - GPK) the Union of judges in case of the address of the judge to him has the right to represent the judge through persons authorized by it and to make in its interests claims in court for honor and dignity protection.
6. According to Item 1 of article 1 of the Constitutional law of the Republic of Kazakhstan of December 25, 2000 No. 132-II "About judicial system and the status of judges of the Republic of Kazakhstan" (further – the Constitutional law on judicial system and the status of judges), addresses, statements and claims of citizens and the organizations which are subject to consideration according to the procedure of legal proceedings cannot be considered in essence or taken on control by any other bodies, official and other persons.
Proceeding from it, courts should leave written or oral addresses of officials of the state and other bodies and organizations in which recommendations about occasion of permission of this or that case are stated without consideration, in necessary cases besides to put question of accountability of these persons.
Officials of the state and other bodies and organizations, according to the requirements of the law stated above, on addresses and petitions from citizens and the organizations for legal cases shall explain to applicants that claims to judgments can be submitted only in superior court and in the procedure established by the law.
6-1. According to Articles 9, of 14, 20 and 21 Constitutional laws on judicial system and the status of judges conducting personal reception of citizens is referred to special powers of chairmen of the courts and chairmen of judicial boards therefore other judges have no right to conduct reception of citizens.
Personal reception of citizens by chairmen of the courts and chairmen of judicial boards is performed only concerning the organization of legal proceedings in local courts, the Supreme Court. At the same time questions of observance by court of the legislation and expected results on case in point, the taken place court resolutions and their review, that is questions of administration of law by court on specific cases are not subject to discussion.
7. Taken legal effect sentence, the decision or the court order are obligatory for all as concerning the instructions specified in them, and the established court of circumstances and their legal treatment.
Nobody has the right to distort randomly the judgment, to discredit it and to interfere with execution. Expression of disagreement with the judgment and its appeal (protest) in superior court shall be made in the procedure established by the law.
Explain that in cases of evasion of citizens, officials of state bodies and the organizations from voluntary execution of the court resolution which took legal effect these persons bear the responsibility provided by the law.
In case of non-execution of the court decree which took legal effect, and equally in hindrance in its execution, citizens, public agents and employees are subject to criminal prosecution under article 430 UK.
8. Courts should mean that the principle of publicity of legal proceedings consists in possibility to all citizens including who are not participants of process on the considered legal case to be present at his trial. Therefore it is necessary to exclude as the cases of unreasonable refusal contradicting the principle of publicity to representatives of mass media to be present at courtroom.
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