Challenging decisions, actions (inaction) of local executive bodies that violate the rights of citizens to participate in criminal proceedings as a juror

In accordance with Article 2 of the Law of the Republic of Kazakhstan No. 121-3 dated January 16, 2006 "On Jurors", the legislation of the Republic of Kazakhstan on jurors is based on the Constitution of the Republic of Kazakhstan and consists of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan", the Code of Criminal Procedure, this Law and other regulatory legal acts of the Republic of Kazakhstan. Kazakhstan.

The Civil Procedure Code, in Chapter 28 of the CPC, defines the procedural procedure for the consideration of these disputes by the courts.

Article 4 of the Law of the Republic of Kazakhstan No. 121-3 dated January 16, 2006 "On Jurors" indicates which actions (omissions) are subject to judicial review.

A juror is a citizen of the Republic of Kazakhstan who is called upon to participate in the consideration of a criminal case by the court in accordance with the procedure established by law and has taken the oath.

A candidate for juror is a citizen of the Republic of Kazakhstan who is included in the lists of candidates for jurors for subsequent participation in the jury selection procedure in accordance with the CPC.

According to the Law "On Jurors", in order to ensure the participation of citizens of the Republic of Kazakhstan in the selection of jurors by local executive bodies, primary, unified and reserve lists of candidates for jurors are compiled annually by December 1 of the year preceding the year in which candidates for jurors will be selected.

In accordance with article 12 of the Law "On Jurors", citizens have the right to apply to local executive bodies with statements about the illegal inclusion or non-inclusion of specific persons in the preliminary primary or preliminary reserve lists of candidates for jurors or their exclusion from these lists, as well as inaccuracies in the data on candidates for jurors in accordance with the procedure established by this Law. By law.

Local executive bodies consider the received applications within five days and make decisions that can be appealed in court in accordance with the procedure established by the CPC.

A citizen has the right to apply to a court under the jurisdiction established by Chapter 3 of the CPC for recognition of a decision, action (inaction) of a local executive body as illegal if he considers that his right to participate in the selection procedure for participation in criminal proceedings as a juror has been violated (including statements about illegal inclusion or non-inclusion specific persons are included in the preliminary primary or preliminary reserve lists of candidates for jurors or their exclusion from these lists, as well as inaccuracies in the data on candidates for jurors in accordance with the procedure established by the Law "On Jurors").

At the same time, the application must be accompanied by evidence indicating a violation of a citizen's right to be included in the list of candidates for jurors and to participate in criminal proceedings as a juror.

An application may be submitted to the court within seven working days from the end of the period for citizens to familiarize themselves with the preliminary lists of candidates for jurors in accordance with the legislation of the Republic of Kazakhstan on jurors.

An application received within the time limits established by Article 289 of this Code must be considered within two working days, and an application received on the day of the end of this period must be considered immediately. The application must reflect the specific requirement of the person and indicate when he was introduced to the list of candidates for jurors.

The application is considered by the court with the participation of the applicant, a representative of the relevant local executive body.

The failure of these persons to appear in court, duly notified of the time and place of the court session, is not an obstacle to the consideration and resolution of the case.

It follows from Article 291 of the CPC that a court decision that established a violation of a citizen's right to participate in the selection procedure for participation in criminal proceedings as a juror is the basis for making corrections to the preliminary lists of candidates for jurors.

Upon entry into force of the court decision, it is sent to the appropriate local executive body. Officials guilty of non-compliance with a court decision are liable in accordance with the law.

If the court finds circumstances requiring the exclusion of a person from the list of candidates for jurors, the court notifies the local executive body of the region (city of republican significance, capital).

If the application is satisfied, the decision is immediately sent to the appropriate local executive body for correction in the preliminary lists of candidates for jurors. Such a decision is not subject to appeal.

In case of refusal to satisfy the application, it can be appealed to the court of appeal, whose decision is final.

Attention!

      The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation.

     For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases