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Home / Codes / Article 841. Inconsistency of the judge's conclusions on the factual circumstances of the case, as set out in the court's decision, with the evidence of the Code of the Republic of Kazakhstan on Administrative Offenses examined during the consideration of the complaint, the appeal petition of the prosecutor

Article 841. Inconsistency of the judge's conclusions on the factual circumstances of the case, as set out in the court's decision, with the evidence of the Code of the Republic of Kazakhstan on Administrative Offenses examined during the consideration of the complaint, the appeal petition of the prosecutor

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 841. Inconsistency of the judge's conclusions on the factual circumstances of the case, as set out in the court's decision, with the evidence of the Code of the Republic of Kazakhstan on Administrative Offenses examined during the consideration of the complaint, the appeal petition of the prosecutor  

     1. Having established that the conclusions set out in the court's ruling on the factual circumstances of the case do not correspond to the evidence examined during the examination of the complaint or appeal petition of the prosecutor, the judge cancels this ruling in whole or in part and issues a new ruling in accordance with the results of the examination of the complaint or appeal petition.

     2. A judge, assessing the evidence examined during the consideration of a complaint or appeal by a prosecutor, has the right to recognize as proven facts that were not established by a court decision or were not taken into account by the judge who issued the decision.

     The footnote. Article 841 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).  

 

 

 

 

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