Comment to article 655. Failure to appear in court to perform the duties of a juror The Code of the Republic of Kazakhstan on Administrative Offences
Failure of a citizen to appear without a valid reason when summoned to court to perform the duties of a juror –
entails a warning or fine for individuals in the amount of ten monthly calculation indices.
Article 1 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan" defines that judicial power in the Republic of Kazakhstan belongs only to courts represented by permanent judges, as well as jurors involved in criminal proceedings in cases and in the manner prescribed by law.
Public relations related to the participation of jurors in criminal proceedings are regulated by the Law of the Republic of Kazakhstan "On Jurors".
The general object of the offense is the established procedure for ensuring the functioning of public authorities.
The generic object of the offense is the social and legal relations that arise with the participation of candidates for jurors in the administration of justice.
The participation of jurors in the consideration of criminal cases is allowed at the request of the accused in cases of crimes for which the criminal law provides for the death penalty or life imprisonment, as well as cases of crimes provided for in articles 125 (part three), 128 (part four), 132 (part five), 135 (part four) The Criminal Code, as well as about murders committed in an emergency situation and during mass riots, about military crimes committed during wartime or a combat situation.
The procedure for forming lists of candidates for jurors is regulated by Part 1 of Article 4 of the Law of the Republic of Kazakhstan "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 are drawn up annually by December 1 of the year preceding the year in which candidates for jurors will be selected. lists of candidates for jurors.
According to this law, any restrictions on the inclusion of citizens in the lists of candidates for jurors based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances are not allowed.
In accordance with part 5 of Article 11 of the Law "On Jurors", citizens are required to appear in court to participate in the jury selection procedure. Failure of a citizen to appear without valid reasons entails liability established by the law of the Republic of Kazakhstan.
In order to ensure the timely appearance of candidates for jurors, the application of liability measures, if necessary, to persons who prevent candidates for jurors from fulfilling their duties, as well as to candidates for jurors if they evade appearing in court without a valid reason and resolving other issues related to the organization of the trial., Courts must comply with the requirements of part five of Article 638 of the CPC of the Republic of Kazakhstan on handing over to candidates for jurors notices indicating the date and time of arrival at the court at least seven days before the start of the court session.
The objective side of this offense is characterized by inaction on the part of candidates for jurors, that is, a citizen is obliged to perform actions prescribed by regulatory acts, but due to his unwillingness to comply with them, he must be brought to administrative responsibility.
Failure to appear without valid reasons is a prerequisite for liability.
The concept and list of "valid reasons" are not fixed in the Code of the Republic of Kazakhstan on Administrative Offenses. Other regulations do not provide for such a list. Therefore, in each specific case, the decision of this issue remains at the discretion of the official, depending on the circumstances of the situation and the written explanations of the citizen being called. This means that the "good reason" category is evaluative. As a general rule, in law enforcement practice, such reasons include illness of a person or close relatives, being on a business trip, inability to arrive, due to natural emergencies, etc.
Due to legal illiteracy or lack of respect for the court, citizens do not attend the court session. According to S.N. Abresheva, no more than 40 people out of 100-125 invited to the trial are present. All this leads to the absence of a quorum of jurors. In addition, when creating a list of candidates for jurors, unacceptable violations of the law on jurors are often allowed. For example, in the city of Karaganda, psychiatric hospital patients and prisoners were included in the jury lists. During the inspection, it was found that 122 people who are registered in a drug treatment and psychiatric dispensary were included in the list of candidates for jurors. In addition, the list includes people who are in prison. The list also includes 16 current prosecutors, judges, civil servants and law enforcement officers.
The problem lies in the formal compilation of such lists, often in the late preparation of them by the administration, in an unfinished notification system, poor information and explanatory work with the public. As a result, the judge has difficulty forming a "list of candidates for the jury" (at least 25 candidates who meet moral and moral standards), which leads to a delay in the selection procedure, violation of the deadlines for the consideration of cases, and makes meaningless the enormous work carried out by participants in criminal proceedings in the process of consideration and resolution of the criminal case. In addition, this leads to an unjustified expenditure of budgetary funds allocated for the administration of justice with the participation of jurors.
As S. Viktorenko, chairman of the specialized interdistrict criminal court of the North Kazakhstan region, notes, "Citizens should know that performing the duties of a juror is their civic duty and honorable duty. That is, a citizen does not have the right to refuse to appear in court and perform the duties of a juror on the grounds of his unwillingness. In addition, the statement about the impossibility of participating in the consideration of the case for reasons such as the presence of a disease, an upcoming business trip must be confirmed by appropriate documents. Otherwise, they may be regarded by the court as unfounded."
The subject of the offense will be special. A candidate for juror, from the normative definition, is a citizen of the Republic of Kazakhstan, included in the lists of candidates for jurors for subsequent participation in the jury selection procedure. A candidate for the jury may be a citizen of the Republic of Kazakhstan who has reached the age of 25, has no criminal record, is capable, and is not registered in a drug treatment or neuropsychiatric dispensary.
In accordance with article 10 of the Law "On Jurors", persons are not included in the lists of candidates for jurors.:
1) those who have not reached the age of twenty-five at the time of drawing up the lists of jurors;
2) having an outstanding or outstanding criminal record;
3) recognized by the court as legally incompetent or with limited legal capacity;
4) judges, prosecutors, investigators, lawyers, civil servants and military personnel, as well as employees of law enforcement agencies;
5) registered in a narcological or neuropsychiatric dispensary.
The subjective side of the offense is characterized by intent.
In accordance with paragraph 57 of Part 1 of Article 804 of the Administrative Code, the protocol on an administrative offense for the act provided for in the commented article may be drawn up by bailiffs and other court staff authorized by the chairman of the court or the chairman of the court session.
For this offense, administrative liability is provided in the form of a warning or a fine in the amount of 10 MCI, which is imposed by judges of specialized district and equivalent administrative courts.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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