Thu, 05/28/2015 - 12:13
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Хат жолдау
Today in Astana City holds a two-day seminar in “Hilton Garden Inn Astana” hotel on: "Powers of investigating judges and application of new institutes of the Criminal Procedure Code of the Republic of Kazakhstan".
Seminar was organized by the Supreme Court of the Republic of Kazakhstan and the Union of judges of Kazakhstan with assistance of the Europe Council, representation of the American Bar Association in Kazakhstan (ABA ROLI) and the German foundation of the international legal development (IRZ).
The chairman of supervisory criminal judicial board of the Supreme Court A. Rakhmetulin, the chairman of the Union of Judges S. Baybatyrov, judges of the Supreme Court, the regional and equivalent courts, and also a number of foreign experts from Germany, the USA, Moldova and Estonia took part in action. From the interested government bodies there were representatives of the Prosecutor General's Office and Ministry of Internal Affairs.
In a welcoming speech A. Rakhmetulin noted that "the investigating judge as the new subject of criminal legal proceedings of Kazakhstan, first of all, the carrier of judicial authority. He carries out the activity directed on prevention of unreasonable restriction of constitutional rights and freedoms of the person at pre-judicial stages of criminal legal proceedings. Criminal procedure activity of the investigating judge is important for all criminal trial as the course and results of investigation depend on his actions and decisions".
In 4 months of the year 2015 investigating judges received on settlement 6191 petitions and representations. Of them 3842 materials or 62% are the share of sanctioning of detention.
Also in 4 months of the year 2015 investigating judges received 787 complaints to actions (inaction) and decisions of prosecutors and criminal prosecution bodies. Of them it is considered on the substance of 464 complaints, thus a third of complaints (140) is satisfied in whole or in part. The others were withdrawn by claimants.
In view of groundlessness are cancelled 21 proceeding decisions, actions of 36 officials and 6 prosecutors are recognized illegal and the court obliged them to eliminate the allowed violations of the law.
The concept of legal policy of the Republic of Kazakhstan till 2020 provided further transfer under judicial control of other actions and decisions of the pre-judicial proceedings bodies affecting constitutional rights of citizens.
In the course of a seminar the international experts exchanged experience of the European states about application of institute of the transaction with justice, with emphasis for a role of the investigating judge. Also in reports were in detail opened issues of sanctioning of investigating actions by judges within the framework of the German legislation, judicial control in pre-judicial proceedings on experience of the USA.
Following the results of action by participants will be developed recommendations about application of new institutes of the Criminal Procedure Code of the Republic of Kazakhstan.
