Fri, 03/31/2017 - 17:17
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The Chairman of the Supreme Court K. Mami held a regular plenary session of the highest judicial body.
The chairmen of the judicial divisions and judges of the Supreme Court, members of the Scientific Advisory Council, representatives of the Constitutional Council, the Prosecutor General’s Office, the National Bank, interested ministries and departments, as well as the Republican Chamber of Private officers of the courts and the Republican Bar Association took part in its work.
Opening the work, Kairat Mami stressed the importance of implementation the task set by the Head of State at the VII Congress of Judges of the Republic to raise the level of legal certainty, the formation of stable and predictable judicial practice. The legal regulations of the Supreme Court are aimed at this.
On the agenda is the discussion of drafts of a number of legal regulations of the Supreme Court (LR).
Introducing the draft LR "On the application by courts of certain regulations of legislation on enforcement proceedings", K. Mami noted the importance of enforcing the judicial act, as it leads to the logical conclusion of a civil, administrative or criminal case. "Only an executed court decision can provide protection for the violated rights of a person who has appealed to a court," he said.
The need for the adoption of this LR, as the judge of the Supreme Court noted Margarita Odintsova, is caused by the loss of the relevance of the current LR on this topic, the desire to ensure the unity of judicial practice and the existing conflicts in the law. Thus, the LR clarifies issues related to determining the jurisdiction, assessing the debtor's property, conducting trades, collecting penalties to the budget, and paying the work of private officers of the court. It defines the criteria that are the basis for deferment and installment of the execution of the court decision. The LR clarifies that it is the officer of the court who must take all necessary measures to ensure that the property of the debtor is valued and transferred for auction at market value, and in the event of a dispute related to the assessment, the measures taken by the bailiff are subject to review by the court. The LR clarifies the cases in which the penalty is charged from the debtor to the state income, why it is not subject to reduction, in which proceedings disputes related to appealing the tenders and invalidating the contract of sale concluded during the bidding are being considered.
Presenting the draft LR "On Amendments and Additions to Certain Legal regulations of the Supreme Court on Civil and Civil Procedural Legislation," Judge of the Supreme Court Nuria Sisenova recalled the entry into force on January 1, 2016 of the new CPC. The Code regulated the transition of judicial proceedings to a three-tier system, the strengthening of the principle of competitiveness of participants in the process, the implementation of a new institute of simplified production and the expansion of the scope of application of mandative production. With a view to encouraging the parties to a peaceful settlement of the dispute and strengthening mechanisms for out-of-court conflict resolution, it is envisaged to reduce court costs and return the state duty if the case ends with an amicable settlement and conciliation procedures.
These innovations and dictated the need to make changes and additions to 23 operating LR. It is about editorial changes, the exclusion of certain provisions that do not comply with the rules of procedural law in the LR "On the practice of applying legislation on rehabilitation and bankruptcy", "On the court decision", "On the application by courts of legislation in cases of dissolution of marriage (marriage)" , "On some issues of application by courts of legislation on inheritance", etc.
N.Sisenova stressed the relevance of this LR, which will provide practical assistance to the courts in the application of certain regulations of the newly adopted CPC, will resolve certain ambiguities in the application of the law.
Presenting the draft LR "On Amendments and Additions to Certain Legal regulations of the Supreme Court on Criminal and Criminal Procedural Legislation", the judge of the Supreme Court Yerden Aripov noted that the need for its development is also caused by past innovations in the legislation. The draft of this LR introduces changes and additions to 17 operating LR. Among them, the LR "On the Application of Legislation in Cases Related to Illicit Trafficking in Narcotic Drugs, Psychotropic and Poisonous Substances", "On the Practice of Applying Legislation on Compensation for Harm Caused by the Illegal Actions of the Bodies Conducting the Criminal Process", "On Forensic Expertise in Criminal Cases " and etc.
The participants of the plenary session, discussed the drafts of legal regulations, made a number of proposals and remarks in them. Finally, they will be approved by the plenary session after their editorial revision, taking into account the outcome of the discussion.
