There was a briefing on: "On the judicial system work within the framework of Plan of Nation and the outcome of the administration of justice for 2015" in CCS

Today in the Central Communications Service under the President of Kazakhstan there was a briefing on: "On the judicial system work within the framework of Plan of Nation and the outcome of the administration of justice for 2015".

The chairman of the judicial division for criminal cases of the Supreme Court Abay Rahmetulin, chairman of specialized judicial division of the Supreme Court Aigul Kydyrbaeva and judge of the Supreme Court Baghlan Makulbekov took part in the event as speakers.

The press conference began with A.Rahmetullin’s speech. He noted that all 11 steps of the second reform set aside in Plan of Nation for Supreme Court, implemented in the legislative plane. Work had been carried out at the appropriate time and at an appropriate level. Virtually all the innovations in courts laid down in Plan of Nation, have worked from the beginning of 2016. Together they are significantly upgraded the national judicial system.

It had been adopted a new Civil Procedure Code and a new Law "On the Supreme Judiciary Council" it had been made necessary changes to the Constitutional Law "On the Judicial System and Status of Judges", the Criminal Procedure Code and the Code of Administrative Offences. In general, the updated legislation will enhance public confidence in the judicial system.

A.Rahmetulin highlighted the issues of optimization of the judicial system stipulated by 16-step of Plan of Nation. In particular, from 2016 is implemented three-tier model of justice in line with international standards. The first instance - it is the district courts, the appellate court - the regional courts and the cassation court - the Supreme Court. This allows quickly entering into force court decisions and reducing the possibilities for artificial delays in the process.

Within the framework of Plan of Nation special attention focuses on the formation of quality of the judiciary. Judiciary shall consist of the most worthy of professionals with high moral principles. In this connection, drastically reformed the Supreme Judicial Council, at the legislative level, addressed issues of transfer of the Institute of Justice under the jurisdiction of the Supreme Court.

Then the chairman of specialized judicial division of the Supreme Court Aigul Kadyrbaeva spoke. She told about her division, established in the Supreme Court in accordance with 23 step of Plan of Nation. For the mass media questions were explained in detail about the investment division jurisdiction. This consideration according the rules of first instance court for civil cases involving investment disputes with participation of major investors, the revision in order of appeal court decisions on investment disputes related to the jurisdiction of Astana city court.

In accordance with the Business Code and the Law "On investments" to major investors include natural or legal persons engaged in investments in the Republic of at least two million fold monthly calculation index (now 4.242 billion tenge).

A.Kadyrbaeva paid a special attention to the work of the International Council of the Supreme Court. It will provide expert advice on the improvement of the national justice system. In addition to Kazakh scientists, it includes reputable foreign judges and lawyers. The Chairman of the Supreme Court is headed the Council. Its members are elected for one year. Meetings will be held at least twice a year. When creating the Council took into account the positive experience of the functioning of the Foreign Investors Council under the President of the Republic and the Council on improvement of investment climate under the Government of the country.

Judge of the Supreme Court B.Makulbekov continued the briefing. He spoke about the reorganization of the Judicial jury development of a new Ethics Judges Code.

Since 2016 court Judicial jury is made up of two commissions - the qualification and disciplinary. Each committee consists of district judges, regional and Supreme Courts. This is done within the framework of the Istanbul Action Plan on Anti-Corruption. This approach allows us to work of the commissions more transparent and increases the credibility of its decisions on the part of judges.

Qualification Commission will carry out an assessment of judges professional activities. First of all, it is an assessment of professional knowledge and skills of judges to apply them in the administration of justice. As well as the study of judicial activity results, business and moral qualities of judges and its compliance with the requirements of the legislation and the Judicial Ethics Code.

Evaluation of the judge professional activities for the first time is carried out on the results of one year’s work as a judge. Subsequently, every five years, as well as the participation in the contest for the position of judge of a higher court, to the post of chairman of the court, the chairman of the judicial division. Judges who have twenty or more years of judicial experience are exempted from periodic evaluation of judge professional activities.

Disciplinary Commission - will consider the matters of confirm judge’s right to resign, to initiate disciplinary proceedings against judges.

The bases for consideration at the disciplinary committee of materials against a judge are the decisions of the plenary session Presidium of the regional court and the Supreme Court. It is also the basis for the consideration by the Judicial jury materials against a judge are the physical and legal entities appeals.

Strengthening the accountability of judges, a periodic evaluation of the acting judges’ qualification, giving citizens the opportunity to appeal the judge’s actions in the Judicial jury will enhance the judges’ professional discipline, improve the quality of administration of justice, and as a result increase the population confidence to the judicial system.

In the draft of Ethics Code of judges will take into account all requirements to the judges by the President of the country, modernity and society. The Code will be based on the Bangalore Principles of Judicial Conduct and international best practices. Adoption of the new Ethics Code of judge is expected at the Seventh Congress of Judges. Its implementation is planned for June of the current year.

For the mass media representatives were presented the main outcome of the administration of justice for 2015. About the quality courts work on administration of justice in the past year is the fact that by courts in 2015 was completed more than 2.5% cases, the vast majority of judicial acts are recognized legitimate and justified.

Within the framework of the new criminal and criminal procedural law, more than a third of all received by the courts of criminal cases accounted for cases of criminal misconduct. For each tenth case the pre-trial investigation is completed in an expedited manner. In 1423 cases carried out a simplified pre-trial investigation. Accumulating a certain practice in plea deals. More than 2.5 thousand criminal cases received for consideration in order of the conciliation proceedings.

In the conditions of changed "punitive" practices the proportion of convicted persons sentenced to real imprisonment decreased by 13.1%. In the quarter it is increased the proportion of the number of convicted persons sentenced to alternative punishments. Repeatedly it is increased in the number of convicted persons sentenced to a fine and community service. At 55%, or 1.5 times increased in the number of acquittals.

 At the 23.8% increased in the number of civil cases settled with the use of alternative methods of dispute resolution. More than half of them are completed with a settlement of amicable agreement, and 41.6% is considered with the participation of a mediator.

In the course of the briefing, the judge of the Supreme Court responded to the questions from the mass media.