Commentary to article 51. The Court of the Criminal Procedure Code of the Republic of Kazakhstan

The Court, being a judicial authority, administers justice in criminal cases.

Any criminal case may be considered only by a lawful, independent, competent and impartial court, which is ensured by compliance with the rules established by this Code.:

1) determining the jurisdiction of specific cases;

2) formation of the composition of the court for the consideration of specific criminal cases;

3) recusal of judges;

4) separation of the case resolution function from the prosecution and defense functions.

Criminal justice in the Republic of Kazakhstan is carried out by:

The Supreme Court of the Republic of Kazakhstan;

regional and equivalent courts, Military court;

district and equivalent courts;

specialized inter-district criminal courts, specialized inter-district military criminal courts, specialized inter-district juvenile courts, military garrison courts.

1. The meaning of the commented article is based on Article 75 of the Constitution of the Republic of Kazakhstan stating that justice in the Republic of Kazakhstan is administered only by the court through civil, criminal and other forms of legal proceedings established by law, including with the participation of jurors.

2. The fulfillment of the purpose of judicial power in criminal matters becomes possible in the context of a thorough regulation of the legal status of the court in criminal proceedings. The assignment of the State function of administering justice in criminal matters to the courts is caused by their special role and purpose in society and the state. This principle is enshrined in article 11 of this Code. No one can be deprived of the right to have his case examined in compliance with all the requirements of the law and justice by a competent, independent and impartial court. Everyone has the right to judicial protection of their rights and freedoms (para. Article 13, paragraph 2, of the Constitution); everyone is equal before the law and the court (Article 14, paragraph 1, of the Constitution); arrest is allowed only with court approval (Article 16, paragraph 2, of the Constitution); no one can be deprived of their property except by court decision (Article 26, paragraph 3, of the Constitution); decisions, sentences, and others Court rulings are binding on the entire territory of the Republic (paragraph 3 of Article 76). The seventh section of the Constitution is specifically devoted to courts and justice. The exhaustive content of the concept of "court" is revealed by the Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 "On the judicial system and the status of Judges of the Republic of Kazakhstan".

It should be borne in mind that, unlike the previous CPC (07/16/1997), courts are endowed with pre-trial control functions not only when applying a preventive measure or procedural coercion, but also when considering complaints about actions (inaction) and decisions of the inquirer, investigator, prosecutor, when actions (inaction) are appealed in court They can damage the constitutional rights and freedoms of participants in criminal proceedings or make it difficult for citizens to access justice. The CPC has introduced the position of an investigative judge who administers a special type of justice during the preliminary investigation of a criminal case. Appealing to the court at this stage of the criminal process against actions (inaction) and decisions of the inquirer, investigator, prosecutor is one of the effective ways to protect the rights and legitimate interests of persons involved in criminal proceedings, since violations of legality are eliminated at an early stage.

The totality of the features of a criminal case, according to which its consideration falls within the competence of a particular court, is understood as jurisdiction. The definition of jurisdiction in the CPC is conditioned by the need to respect the constitutional right to consider a criminal case by a legally established and not an arbitrarily chosen composition of the court. In addition, a clear differentiation of criminal cases assigned to the jurisdiction of a particular court makes it possible to distribute the consideration of criminal cases not only by territory, but also by the degree of their complexity and public danger, as well as the subjects who committed the crime. Violation of the rules of jurisdiction entails the recognition of a judicial act as illegal and its cancellation.

The commented article establishes the composition of the court when considering criminal cases: by a single judge, by a court with the participation of jurors and by a collegial court. When forming the composition of the court to consider a specific criminal case, it must be borne in mind that legitimate consideration can be provided by judges who are not subject to recusal. The grounds on which a judge may be excluded from participating in the consideration of a case (Article 87 of the CPC) contribute to the implementation of the principle of judicial impartiality.

The court is not a party to the process, the function of resolving the case by the court is separate from the function of criminal prosecution and protection, which ensures the independence of the court (Article 23 of the CPC). The court's task is to ensure the competitiveness and equality of the parties to the prosecution and the defense.

The list of courts that administer justice is established by the Constitution and the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan" and is exhaustive. The Supreme Court of the Republic of Kazakhstan is the highest judicial body, the supervisory authority, and provides clarifications on issues of judicial practice. Regional and equivalent courts, the Military Court are courts of appeal and cassation instances, consider cases on complaints, protests of participants in the process, eliminate mistakes made by lower courts. District and equivalent specialized interdistrict criminal courts, specialized interdistrict military criminal courts, specialized interdistrict juvenile courts, and garrison military courts are courts of first instance that consider the merits of court cases and materials within their jurisdiction. The courts of Astana and Almaty are equivalent to the regional courts.

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