Article 838. Consideration of the complaint, appeal petition of the prosecutor against the court decision of the Code of the Republic of Kazakhstan On Administrative Offenses
1. The court, having begun consideration of the complaint, the appeal petition of the prosecutor against the court decision:
1) announces who is considering the complaint, the appeal petition; which complaint, the appeal petition are to be considered; by whom the complaint was filed, the appeal petition was brought;
2) certifies the appearance of an individual or a representative of a legal entity in respect of whom a decision has been made on the case, as well as persons summoned to participate in the consideration of the complaint or appeal petition.;
3) verifies the powers of the participants in the proceedings and their legal representatives;
4) finds out the reasons for the non-appearance of the participants in the proceedings and decides whether to consider the complaint or appeal in their absence or to postpone consideration of the complaint or appeal;
5) explains to the persons participating in the consideration of the complaint, the appeal petition, their rights and obligations;
6) resolves the filed challenges and petitions;
7) announces the complaint, the appeal motion against the court decision, and, if necessary, other case materials.
2. When considering a complaint or a prosecutor's appeal against a court decision, the legality and validity of the decision are checked based on the materials available in the case and additionally submitted. The court is not connected with the arguments of the complaint, the appeal petition of the prosecutor and examines the case in full, while it has the right to establish new facts and examine new evidence.
3. The court has the right to postpone consideration of the complaint or appeal petition of the prosecutor in connection with the non-appearance of the summoned persons, the request for additional materials on the case, the appointment of an expert examination and in other cases when this is necessary for a full, comprehensive and objective consideration of the complaint or appeal petition.
The footnote. Article 838 as amended by the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127-VI (effective ten calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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