The Supreme Court held a plenary meeting

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Supreme Court Chairman Kairat Mami chaired a plenary session.

The plenary session was attended by the chairmen of judicial boards and judges of the Supreme Court, members of the Scientific Advisory Board, representatives of the Constitutional Council, Prosecutor General's Office, Ministry of Justice, Ministry of Interior and the National Bureau of Anti-Corruption.

On the agenda - discussion of draft regulatory decrees "On some issues of invalidity of transactions and application by the courts consequences of their invalidity", "On the practice of courts of criminal cases in the conciliation process" and "On amendments and additions to some regulatory rulings of the Supreme Court of the Republic of Kazakhstan."

The judge of the Supreme Court Duysen Tumabekov  speaking about the draft regulatory decision "On some issues of invalidity of transactions and application by the courts consequences of their invalidity" said that it aims to eliminate the problematic issues in the invalidation of transactions, as well as to ensure the legal protection of all participants in the process in compliance with the equitable justice.

In cases of invalidation of transactions and the use of their consequences, the courts have difficulty in assessing the evidence submitted by the parties as a justification for their claims and objections, as well as in the application of substantive law.

The difference in the Normative definitions of invalidity of transactions is important not only in cases of invalidation of transactions, but also in consideration of other types of cases where the courts an assessment of this or other transactions in terms of their validity or invalidity.

Introducing regulatory draft resolution "On the practice of criminal cases by the courts in the conciliation process", the judge of the Supreme Court Abdrashid Zhukenov noted that his decision is extremely timely and necessary, in connection with the entry into force in 2015 of the new Code of Criminal Procedure.

Along with the improvement of previously existing accelerated pre-trial investigation in the criminal proceedings brought separate institute procedural agreement in the form of a plea bargain.

Normative Resolution gives explanations on the subjects of appeal on procedural conclusion of the plea agreement, establishes the mechanisms of the agreement.

The draft clarifies the inadmissibility of the use of the Criminal Code Article 67 of the Reconciliation production and regulates the procedure for the application of Article 68 of the Criminal Code in connection with the reconciliation of the parties, issues permits a civil action in a criminal case in conciliation production, the right to appeal the verdict handed down by the results of the conciliation of production, and especially the agreement on the a plea in the court hearing appeal.

Since the adoption in 2004 by the Supreme Court of regulatory decree "On some issues of qualification of crimes in the sphere of economic activity", with the development of public relations has repeatedly changed the criminal law provisions on economic crimes. Changing interpretations of aggravating circumstances in the crimes of the project associated with the change in the dispositions of the relevant articles of the Criminal Code and other legislation of the reference rules. The project articulates the rules of differentiation of certain crimes from others, updated signs of illegal business and the legalization (laundering) of money and (or) other property obtained by criminal means.

The plenary session discussed the draft normative decisions and unanimously voted for the adoption of regulatory decisions in general.

Source: 
Supreme Court press service