Complaint on abuse of office by the secretary of the court without performing the work entrusted to him
Head of the Judicial Administration of the Republic of Kazakhstan
N. R. Akhmetzakirov
copy: Judicial Administration of the Republic of Kazakhstan
head of the Department for Almaty
E. K. Kozhakhmetov
Civil service affairs of the Republic of Kazakhstan
head of the Department of the agency for the city of Almaty
Sh. A. Alimkhan
From Lawyer Sarzhanov Galymzhan Turlybekovich
Legal office" law and law"
Bin 201240021767
050002, Almaty, Almaly district,
79/71 abylai Khan Ave., office 304
info@zakonpravo.kz
www.zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 971 78 58.
complaint.
On February 10, 2025, in the Auezovsky District Court of Almaty, with the participation of the arbitrator: judge Ashkeeva R. N., saduakasova A. N. to the secretariat, public prosecutors – prosecutors of the Department of the auezovsky District Prosecutor's office and victims, defendant D. K. R., His lawyer – lawyer Sarzhanov G. T., In an open main trial, in a general manner:
D. K. R. considered the criminal case under paragraphs 1),4) of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan.
According to Article 83 of the Criminal Procedure Code: the secretary of the court session is a civil servant who keeps the minutes of the court session, as well as provides audio and video recording of the court session, not interested in the criminal case.
Article 10 of the law of the Republic of Kazakhstan" on civil service of the Republic of Kazakhstan "states that" civil servants are obliged to: 1) comply with the Constitution and legislation of the Republic of Kazakhstan; 4) perform their functions in accordance with their official powers."
However, during the court session, the court Secretary A. N. Sadvakasova, abusing her position without doing the work she was obliged to do, at the end of each court session, we warned the secretary, asked to adhere to impartiality, but the secretary ignored our warning, and then approached each victim personally and asked to write civil claims to those who did not appear at the court session, and then sent a sample civil claim to the chat of victims through the investigator M. Yermek, who conducted an investigation during the preliminary investigation.
Article 23 of the Criminal Procedure Code of the Republic of Kazakhstan is carried out on the basis of the principle of competitiveness and equality of the prosecution and defense parties.
The task of proving the guilt of a person in committing a criminal offense and refuting his arguments defending himself is assigned to the criminal prosecution authorities, and in court proceedings – to public and private prosecutors.
On the basis of the above, I demand that the specialist – Secretary of the court session of the Auezovsky District Court of Almaty Sadvakasova A. N. be brought to strict disciplinary responsibility for gross violation of the rules of the legislation of the Republic of Kazakhstan.
Additional: lawyer's certificate.
Lawyer G. T. Sarzhanov
05.03.2025
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