THE ORDER OF THE HEAD OF DEPARTMENT OF SOFTWARE TO 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

According to Article 257-1 of the Code of civil procedure of the Republic of Kazakhstan of July 13, 1999 PRIKAZYVAYU:

1. Approve the enclosed Rules of technical application of means audio-or the videos providing fixation of the course of judicial session.

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

3. 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.

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

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 July 3, 2015 with No. 336

Rules of technical application of means audio-or the videos providing fixation of the course of judicial session

1. General provisions

1. These rules of technical application of means audio-or the videos providing fixation of the course of judicial session (further - Rules) are developed according to the Code of civil procedure of the Republic of Kazakhstan, the Code of penal procedure of the Republic of Kazakhstan and determine procedure for technical application of means audio-or the videos providing fixation of the course of judicial session.

2. In these rules the following concepts are applied:

1) video conferencing (further - the VKS system) - the hardware and software providing remote participation of persons in judicial session (by information exchange by removed participating subscribers of process);

2) the coordinator of the AVF and VIDEOCONFERENCING system 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) (further - the coordinator of Department) - the employee of the relevant structural division of Department which is determined by the Head of Department for coordination of work of the AVF and VIDEOCONFERENCING systems in courts of the Republic of Kazakhstan;

3) the servicing organization - the legal entity who according to the agreement performs technical maintenance of means audio-or videos for ensuring fixation of the course of judicial session in courts of the Republic of Kazakhstan and also bears responsibility for work of means and the AVF system;

4) the coordinator of the AVF and VIDEOCONFERENCING system in the regional and equated to him court (further - the coordinator of regional court) - the employee of office of the regional and equated to it court which is determined by the head of office for coordination of work of the AVF and VIDEOCONFERENCING systems in courts of the respective area and also bears responsibility for ensuring technical capability of their further application;

5) means audio-or the videos providing fixation of the course of judicial session (further - the AVF system) - the complex of technical means performing fixation of judicial session;

6) electronic archive of court documents (further - EASD) - the information system intended for storage of the electronic documents created by means of paperless technology of information exchange, ensuring safety of electronic files audio-or videos of legal procedures, automation of engineering procedures of archiving in the Supreme Court of the Republic of Kazakhstan, the regional and equated to them courts.

3. The procedure for provision of record for acquaintance to persons participating in case is determined by the procedural legislation of the Republic of Kazakhstan.

4. Information on the judicial halls equipped with means audio-or the videos providing fixation of the course of judicial session (with indication of the name of court, number of courtroom, data on condition (working capacity) of the AVF system), is placed on the Internal portal of judicial authorities of the Republic of Kazakhstan and is updated by courts on permanent basis.

2. System operation of AVF in Trial and Appeal Courts

5. Application of means audio-or videos during judicial session is performed continuously.

6. Application of means audio-or the videos providing fixation of the course of judicial sessions in Trial and Appeal Courts is performed by the court session secretary.

7. Check of functioning of means audio-or videos for ensuring fixation of the course of judicial session in Trial Courts is performed daily by the manager of office of the district and equated to it court, in appellate instance - the employee of the servicing organization.

8. The court session secretary provides audio-or video of judicial session in the AVF system, and also record of their copy on electronic media (CD or DVD disks) in one copy which joins case papers with indication of in the inventory.

9. The brief protocol of judicial session using means audio-or videos on completion of judicial session is transferred in the automatic mode in information system of judicial authorities of the Republic of Kazakhstan in text format.

10. In the presence of the free halls equipped with means audio-or video, carrying out judicial sessions in other halls which are not equipped with these systems is not allowed.

3. System operation of AVF in courts of cassation and supervising instances

11. Check of functioning of means audio-or videos for ensuring fixation of the course of judicial session in courts of cassation and supervising instances is performed daily by the employee of the servicing organization.

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