Comments on article 20. Ensuring security at the court session of the Civil Procedure Code of the Republic of Kazakhstan

1. The trial of a case must take place in conditions that ensure the normal operation of the court and the safety of persons present in the courtroom. The maintenance of public order in the courtroom during the court session is ensured by the bailiff.2. In order to ensure the safety of the judge and the citizens present in the courtroom, the presiding judge may order an inspection of persons wishing to be present at the hearing of the case, including an inspection of their identity documents, a personal search and an inspection of their belongings.1. The duty to ensure the normal operation of the court and the safety of participants in the proceedings at the court session is assigned to the judge presiding over the case.2. This provision applies to all participants in the process, without exception, as well as to citizens present in the courtroom. All orders regarding the conduct of the trial, compliance with the rules of conduct and order in the courtroom are mandatory. For security reasons, the judge may order the verification of identity documents of citizens present in the courtroom, an inspection of the items they bring, as well as a personal search.A personal search of citizens and an inspection of their belongings is carried out by bailiffs if citizens fail to comply with the requirements to stop illegal actions in the courtroom in accordance with the procedure established by Article 791 of the Administrative Code.The provisions of this principle are implemented through norms, establishing liability measures for contempt of court (Articles 119-120, 188 of the CPC). If there are signs of an administrative offense in the actions of citizens in the courtroom, the judge has the right to declare disrespect for the court and impose an administrative penalty on the guilty person without retiring to the conference room. In this case, the ruling is made by the presiding judge after the end of the court session on a civil case in the conference room, signed by the judge (the composition of the court).If there are signs of a criminal offense in the actions of the violator of the order at the court session, the court issues a resolution on this, which is handed over and (or) sent to the person against whom it was issued within three working days and sent with supporting materials to the prosecutor for organizing pre-trial proceedings. In the event of a massive violation of order by citizens present at the hearing of the case, the court may remove all citizens who are not involved in the case from the courtroom and consider the case in a closed session or postpone the trial.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

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