Comment to article 491. Decisions taken based on the results of the preliminary examination of the petition The Criminal Procedure Code of the Republic of Kazakhstan
Based on the results of the preliminary examination of the petition, the court issues a resolution.:
1) on the initiation of supervisory proceedings for the review of the contested judicial act and consideration of the petition in the supervisory instance;
2) the refusal to initiate supervisory proceedings to review the contested judicial act;
3) to return the application without consideration on the grounds provided for in Article 489 of this Code.
The decision issued by the court based on the results of the preliminary consideration of the petition must specify:
1) date and place of the ruling;
2) surnames and initials of the judges of the supervisory judicial board of the Supreme Court of the Republic of Kazakhstan who reviewed the petition and other persons who participated in the preliminary examination of the petition;
3) the case in which the decision was made, indicating the contested judicial act;
4) the person who submitted the petition;
5) the arguments given in the petition;
6) an indication of the existence or absence of grounds for initiating supervisory proceedings or returning the application without consideration.
The operative part of the resolution sets out one of the decisions taken by the judges, indicated in the first part of this article. If a decision has been taken to initiate supervisory proceedings, the date, time, and place of the court session on the merits of the petition agreed with the chairman of the supervisory judicial board are indicated in the operative part of the resolution.
The person who submitted the application shall be notified of the results of the preliminary examination of the application.
The decision made based on the results of the preliminary examination of the petition is not subject to appeal, however, it does not prevent the filing of a second petition by the same person, but on different grounds, as well as the filing of petitions by other persons specified in Article 486 of this Code, for supervisory review of the same judicial act.
A decision to initiate supervisory proceedings to review the decision to send the case for a new hearing cannot be taken if by that time the deadline for the court to accept the case has expired and a court hearing has been scheduled.
During the preliminary consideration of petitions, judges are obliged to carefully study the arguments set out in them, and if the petition contains reasonable arguments about the illegality of the appealed court verdict, resolution, the petition must be considered with mandatory request and study of the case materials. Decisions on the absence of grounds for reviewing the appealed verdict, decisions may be made during the preliminary examination of those supervisory petitions, the inconsistency of which is clearly obvious.
The decision of the judges based on the results of the preliminary consideration of the petition should indicate the circumstances in the case confirming the existence or absence of the grounds provided for in Article 485 of the CPC for reviewing the appealed court decisions, while it should not contain wording prejudging the results of the case in the supervisory instance. If the judges conducting the preliminary examination of the supervisory complaint disagree on the need to submit the case to the supervisory authority for review of the appealed court decisions, the decision is taken by a majority vote. A judge who does not agree with the majority's decision is also required to sign an opinion, while having the right to express his opinion separately.
The decision made based on the results of the preliminary examination of the petition is not subject to appeal, however, it does not prevent the filing of a second petition by the same person, but on different grounds, as well as the filing of petitions by other persons specified in Article 486 of this Code, for supervisory review of the same judicial act.
A decision to initiate supervisory proceedings to review the decision to send the case for a new hearing cannot be taken if by that time the deadline for the court to accept the case has expired and a court hearing has been scheduled.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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
