There was a meeting of the Presidium of the plenary session of the Supreme Court

Today there was a meeting of the Presidium of the plenary session of the Supreme Court under the chairmanship of Kairat Mami.

Participants of the meeting discussed the results of the comprehensive inspection of condition administration of justice, organizational and logistical support of the military courts activities of the Republic.

There has been heard information of the chairman of the supervisory judicial division for criminal cases of the Supreme Court Abay Rahmetulin and the chairman of Military Court Saken Abdullaev.

Over the past year in military courts of garrisons received 103 civil cases and 3242 legal claims (for 2013 - 105 cases and 2673 legal claims). 2945 civil cases are ended, of which with rendering a decision - 2385, or 80.9% among the ended.

287 criminal cases are considered with sentencing, 399 people are convicted. From them 126 (31,6%) – to deprivation of liberty. 2 cases are considered with participation of jurors (in 2013 it is considered – 339 cases, 5 – with participation of jurors).

Following the results of inspection is revealed a number of violations. Among them: non-compliance with requirements for powers of a representative, to court notices and summons, an order of payment of the state fee, consideration of legal claims regarding securing of a claim, to registration of judicial acts and others. A number of problems were revealed in jurisprudence.

So, a widespread error of military courts is non-compliance with requirements of Article 61 of CPC (powers of a representative). Courts shall terminate case proceedings on the grounds of part 3 of Article 247 CPC on the ground of the claim of claimants’ representatives, despite the absence at them such powers in given to them the powers of attorney.

The analysis of judicial acts showed that in the majority cases judicial acts don't conform on form and content to requirements Article 221 of CPC. Description and declaration parts are excessively volume, aren't laconic, their essence is vague. Texts of decisions consist of detailed enumeration of Articles of laws and their disposition. There is no legal analysis of arguments and objections of the parties.

The military court, despite requirements of the law on giving accommodation to the military personnel, only for passing of military service, continues to satisfy claims for giving accommodation to the former military personnel dismissed on the negative grounds, canceling lawful decisions of lower courts.

Besides, during 2014 military courts of garrisons satisfied claims of the military personnel for recovery commutation payment in connection with disability categorization. Such practice also is illegal because of the wrong interpretation of the legislation as not all categories of the employees recognized as disabled people have the right for commutation payment.

In accordance with results of discussion by Presidium is accepted the relevant resolution. Work of military courts is recognized not as satisfactory. Chairman of Military court has been entrusted to develop the corresponding plan of measures on elimination of the available shortcomings.