On the results of the administration of justice in the Republic in the first half of 2014

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Analysis of the activities of the courts for the first half of 2014 indicates that the quality

of justice in the country remains stable.

According to the unified automated information-analytical system of the judiciary of the Republic of Kazakhstan (UAIAS) 577 982 applications and cases, of which 349 930 civil and administrative 205 689 22 363 criminal received for the first half of 2014 in all district and equated the courts of the Republic. This is 50 208 or 9.5% more than the same period in 2013 (527 774 claims and cases, of which 297 467 civilians, 205 777 24 530 administrative and criminal).
Total is over 508 637 cases, which is 11.5% more than 6 months in 2013 (456 224). In particular, it is over 297 294 civil cases, which is 23.1% more than in the previous corresponding period in 2013 (241 440). 195 790 cases (for the first half of the year 2013 – 154 837) was considered.
A decrease in the proportion of civil cases considered in absentia (from 31.2% to 23.9%), as well as solutions, canceled on newly discovered evidence (from 53.8% to 52.5%).
4743 civil cases finished amicable agreement, 1 911 cases were reviewed with the participation of a mediator (in the first half of 2013 - 4625 and 475 respectively).
During the reporting period was completed 22 366 criminal cases, which is 5.6% less than in the first half of 2013 (23 689). With sentencing examined 10 467 cases against 13 123 persons (for 6 months in 2013 – 10 639 cases against 13 486 persons). 219 persons (248) were justified.
Total number of convicted 12 904 persons, including the imprisonment - 4861 or 37.7% of the total convicted (in the first half of 2013 - 13 238, including the imprisonment 5313 or 40.1%). Non-custodial sentence, applied in respect of 5152 persons (4965), on probation 2219 persons (2129).
Thus, the proportion of persons sentenced to imprisonment by 2.4%. 12 097 cases, including 3 435 civilians, 1 403 criminal and administrative 7259 (for 6 months in 2013 – 11 819, of which 3 551 civilians, 1 420 criminal and administrative 6848) was completed by specialized inter district juvenile courts.
Overall, 27.2% decrease in the number of juvenile offenders (409 vs. 562). At the same time, the proportion of persons sentenced to imprisonment (from 20.3% to 13.7%) decreased by 6.6%.
Number of administrative cases decreased by 1.1%, which amounted to 188 977 (191 095).
With just a violation of procedural deadlines considered two civil cases or 0.001% for administrative and criminal violations of terms is not allowed (for 6 months in 2013 - 230 civil cases or 0.1%).
The cases (from 231 to 158) was considered compared with the same period last year to 36.1% reduction over 6 months.
Despite the increase in the total number of cases, the proportion of canceled and modified higher instances of judicial acts remained unchanged and amounted to - 1.4%.
At the same time, in civil cases overturned decisions in 1760 or 0.9% of the total, changed 2399 solutions or 1.2% (for 6 months in 2013 - 1622 overturned the decision, or 1%, modified 2197 decisions or  1, 4%).
In criminal cases quashed convictions against 108 persons or 0.5% and changed in relation to 1109 persons or 4.6% (for 6 months in 2013 - against 118 persons or 0.5% and changed against 971 persons, or 3 , 8%).
Administrative Affairs canceled 199orders or 0.1% and changed 243 regulations or 0.1% (for 6 months in 2013 - canceled 166 orders or 0.1% and changed 218 regulations or 0.1%).
Overall, 98.6% of court acts in the republic are legitimate and reasonable.
About normative activities
Projects developed by the Supreme Court of the Constitutional Law "On Amendments and Additions to the Constitutional Law" On the Judicial System and Status of Judges of the Republic of Kazakhstan" and the Law "On amendments and additions to some legislative acts of the Republic of Kazakhstan on further simplification of the administration of justice, reducing bureaucratic procedures" by Majilis adopted on June 18 2014 and sent to the Senate.
The provisions of bills aimed at further improvement of the judicial system by introducing a series of novels, as well as adjustments to the rules governing the operation of the courts.
In particular, the draft Constitutional Act provides for improvement of competitive selection procedure of candidates for judges, increasing the role and importance of personnel reserve for judgeships, the creation of the Supreme and provincial courts separate body, which will be responsible for operational decision organizational issues.
Project Law on further simplification of the administration of justice, reducing bureaucratic procedures involves the introduction of a simplified form of consideration uncomplicated cases action proceedings, expanding the scope of the writ proceedings, limiting the jurisdiction of the Supreme Court by establishing certain categories of cases that are not subject to judicial oversight.
Also, the bill amends the procedural law allowing widespread use of information technology in the proceedings. In particular, citizens will have the opportunity to apply in the form of electronic documents in the courts of first and higher authorities, as well as the right to receive copies of court documents in electronic form.
Supreme Court developed a new draft Code of Civil Procedure is under the preliminary coordination with concerned government agencies. To add it to Parliament scheduled for December this year.
Decision of the interdepartmental commission on administrative reform on May 27, 2014 the Supreme Court determined responsible for drafting the Code of Administrative Procedure, which will be implemented in the task of creating a system of administrative justice Kazakhstan.
Pursuant to the instructions of the Head of the State Supreme Court is working on a project of the Constitutional Law "On Amendments and Additions to the Constitutional Law of the Republic of Kazakhstan" On the Judicial System and Status of Judges of the Republic of Kazakhstan "and the law" On Amendments and Additions to the Law of the Republic of Kazakhstan "On pensions in the Republic of Kazakhstan ", aimed at improving the mechanism for pension judges.
In order to clarify problematic issues jurisprudence adopted a regulatory decision "On Amendments and Additions to the regulatory decision of the Supreme Court of the Republic of Kazakhstan" On some issues of qualification of crimes in the sphere of economic activity".

Work continues on the implementation and application of judicial activity of information technology
In order to simplify the judicial system and accessibility for citizens implemented on the Internet resources of the High Courts and local electronic services "Introduction to court documents" and "judicial office". Through these services, citizens can in "online" mode, file a claim electronically, and quickly become familiar with the judicial act.
In the reporting period through the portal of "electronic government" has received 38 369 claims, applications for the trial transcript and comments on the protocol that is 1.5 times more than in all of 2013 (26 034).
The modernization of the Internet resources was provided for the Supreme and local courts, which have a single platform and centralized management. Rating Internet resource of the Supreme Court of the official websites of public authorities for the first half of 2014 rose from 29 to 2nd place. Site traffic increased by 2 times, which is more than 2500 visitors per day.
Call-center functions of the Supreme Court with a free call to the number 1401, which during this period received 1165 calls (2013 - 551).
In order to improve the quality of the minutes of the court session is planned to introduce throughout the audio-video fixation trials (APS) of the new generation on the basis of modern technology with the possibility of electronic logging, later recording will be available for viewing party litigation in "judicial office".
Under APS plans develop the ability to remotely justice by equipping ships videoconferencing systems on the example of foreign countries. Implementing such a system will allow the body to eliminate the correctional system convoy and the defendant to testify via video directly from places of detention.
The electronic notice participants in the proceedings work effectively. Besides sending those subpoenas via SMS-messages are also sent SMS-messages on the outcome of the application. Over 416 000 such notifications (in 2013 - 235 000) was sent by the local courts of the trial in the reporting period.

In order to increase transparency and openness courts are proper interaction with the mass - media
During the reporting period, with the participation of judges and the press services of the Supreme Court and local courts took more than 12 000 publications in print and electronic media at the central and regional level, more than 2 thousand appearances on television and radio. The courts of the Republic held about 1 400 press conferences and briefings, more than 500 "Open Days".
In May this year the Supreme Court of the OSCE Centre in Astana and the International Foundation for Protection of Freedom of Speech "Adil soz" held a training seminar on the theme: "The interaction of the judiciary with the media and the role of spokespersons".
An integrated concept for cooperation between courts with the media, which is expected at the institutional level to establish principles of openness of the judicial system and standardize approaches to dealing with the media.
In addition, work is underway to prepare the information and analytical TV project "Justice", which aims to educate people about the development of modern Kazakhstan courts, as well as overcoming stereotypes about the judiciary.

 

Supreme Court
the Republic of Kazakhstan

Source: 
Пресс-служба Верховного Суда РК