Comments on article 209. Disclosure and investigation of personal correspondence and telegraphic messages of citizens of the Civil Procedure Code of the Republic of Kazakhstan
In order to protect the secrecy of personal correspondence and personal telegraphic messages of citizens, correspondence and telegraphic messages may be disclosed and investigated in open court only with the consent of the persons between whom they occurred. Without the consent of these individuals, their personal correspondence and personal telegraphic messages are disclosed and examined in a closed court session. After that, the persons involved in the case can give explanations on them.In accordance with paragraph 1 of article 18 of the Constitution: "Everyone has the right to privacy, personal and family secrets...".Among other things, the norm of the commented article is aimed at the implementation of this constitutional norm (Articles 10, 19 of the CPC). In the absence of consent from the persons between whom correspondence or telegraphic messages were conducted, the court issues a ruling on the hearing of the case when examining the contents of correspondence and telegraphic messages in a closed court session. This is one of the exceptions provided by law to the principle of publicity of judicial proceedings.If necessary, experts, translators, and even witnesses may be present in a closed court session when reading out personal correspondence and personal telegraphic messages of citizens, if the document concerns the fact they were called to confirm. However, this should be specifically stipulated in the ruling on the disclosure of correspondence and telegraphic messages in a closed court session. After the announcement of such written evidence or the protocols of their examination, the persons involved in the case may provide explanations.The procedural actions for the investigation of personal correspondence and telegraphic messages are set out in the minutes of the court session, which does not violate the right of citizens to privacy of personal correspondence and personal telegraphic messages.
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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