On the consideration by the courts of complaints about actions (inaction) and decisions of the prosecutor, criminal prosecution authorities (article 106 of the Criminal Procedure Code of the Republic of Kazakhstan)

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 27, 2012 No. 3.

      The footnote. The title is amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

     The footnote. Throughout the text:

the words "bodies of investigation and inquiry", "bodies of investigation, inquiry", "body of inquiry, investigation" are replaced, respectively, by the words "bodies of criminal prosecution", body of criminal prosecution";

The numbers "109" are replaced by the numbers "106" in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

      In order to ensure judicial protection of the rights, freedoms and legitimate interests of individuals and legal entities during pre-trial criminal proceedings, as well as the development of uniform judicial practice for reviewing complaints against actions (inaction) and decisions of the prosecutor, the prosecution authorities, the plenary session of the Supreme Court of the Republic of Kazakhstan

      DECIDES:

Consideration by courts of complaints about actions (inaction) carried out at the stage of pre-trial proceedings in criminal cases, as well as decisions taken by the prosecutor and criminal prosecution authorities, is one of the ways to ensure the exercise of everyone's right to judicial protection, as set out in paragraph 2 of article 13, paragraph 1 of Article 76 of the Constitution of the Republic of Kazakhstan and in article 8 of the Code of Criminal Procedure Of the Republic of Kazakhstan (hereinafter – CPC), therefore, courts must ensure access to justice and the proper application of the law, which provides grounds for filing complaints with the court and regulates the procedure for their consideration.

     The footnote. Paragraph 1 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

Individuals (citizens of the Republic of Kazakhstan, foreigners, and stateless persons) whose personal rights and freedoms are directly affected by the actions (inaction) and decisions of the prosecutor, criminal prosecution authorities, and organizations may file a complaint with the court if their legitimate interests are affected by these acts, as well as their defenders and representatives. When verifying the rights of persons to file a complaint with the court in accordance with the procedure provided for in Article 106 of the CPC, the courts should be guided by paragraph 4 of the normative resolution of the Supreme Court of the Republic of Kazakhstan No. 4 dated June 25, 2010 "On judicial protection of human and civil rights and freedoms in criminal proceedings."

     The footnote. Paragraph 2 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/22/2022 No. 10 (effective from the date of the first official publication).      3. Excluded by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 11.12.2020 No. 6 (effective from the date of the first official publication).

The actions (inaction) and decisions specified in the first part of Article 106 of the CPC are subject to judicial appeal.

     In accordance with the fourth part of Article 153 of the CPC, in accordance with article 106 of the CPC, appeals are made against decisions of the pre-trial investigation bodies on the application/non-application of preventive measures, their cancellation or modification, not authorized by the investigating judge. In other cases, the consideration of this issue falls within the competence of the court, which has the authority to review the decisions of the investigating judge.

     The footnote. Paragraph 4, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 03/31/2017 No. 3 (effective from the date of the first official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication); dated 12/22/2022 No. 10 (effective from the date of the first official publication).

     4-1. Complaints of convicted persons against actions (inaction) and decisions of the institution or body executing the sentence affecting their rights and legitimate interests, as well as decisions of the prosecutor on issues related to the execution of the sentence, or the prosecutor's refusal to satisfy their similar complaints, are considered by the district court at the place of serving the sentence of the convicted person in accordance with the procedure provided for in Article 106. CPC, subject to the provisions of Article 482 CPC. Based on the results of the review, the court makes one of the decisions provided for in part four of Article 482 of the CPC.

     The footnote. The regulatory resolution was supplemented by paragraph 4-1 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 11.12.2020 No. 6 (effective from the date of the first official publication).

Complaints about the cancellation of procedural actions (inaction) and decisions, the appeal of which is provided for by law in a different manner, in particular complaints about the cancellation of registration of an application, report or report on a criminal offense in the Unified Register of Pre-Trial Investigations, are not subject to consideration in accordance with Article 106 of the CPC, except in cases of their registration in violation of the requirements of paragraphs 1) and 2) of the first part of Article 179 of the CPC, as well as complaints requesting that evidence be declared inadmissible, that a person be recognized as a suspect, a witness entitled to defense, incorrect qualification of an act or the formulation of an accusation, or its lack of proof, improper application of the law when recognizing a suspect and qualifying an act, a change in a preventive measure authorized by a court, as well as complaints about the illegality of judicial acts.

     The footnote. Paragraph 5 is amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 11.12.2020 No. 6 (effective from the date of the first official publication).

Complaints to the court may be filed during the entire course of the inquiry or preliminary investigation in a criminal case, including at the stage of bringing the accused to trial, subject to the time limit specified in part five of Article 106 of the CPC, which is calculated from the moment when the person became aware of the relevant action (inaction), decision.

      After filing a complaint with the relevant prosecutor, a person has the right to file a similar complaint with the court within fifteen days from the date of reviewing the prosecutor's response, or within the same period if no response has been received from the prosecutor by that time.

      The missed deadline for filing a complaint with the court at the request of the person concerned may be restored according to the general rules provided for in Article 50 of the CPC.

      In accordance with part three of Article 305 of the CPC, complaints about the illegality of actions (inaction), decisions of the prosecutor, and criminal prosecution authorities received after the criminal case was sent to court are considered by the court when considering the criminal case on its merits.

     The footnote. Paragraph 6 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

The complaint sent to the court shall be set out in writing, it shall indicate the surname, first name, patronymic of the applicant and the person in whose interests it was filed, their address and contact phone numbers, the name and location of the body whose official committed the contested action (inaction), made the decision. The complaint must indicate when, by whom (which body or its official) and what procedural actions (inaction) were committed, and what decisions were taken. At the same time, it is necessary to indicate in the complaint which norms of the law were violated, how these violations affected the rights and legitimate interests of the applicant, as well as the substance of the applicant's request. It is also necessary to indicate whether the actions (inaction) indicated in the complaint were appealed to the prosecutor before going to court, when the response was received (or not received), the substance of the prosecutor's response and arguments about disagreement with it.

     The complaint is signed by the person who submitted it. The complaint must be accompanied by: copies of it (for delivery to the prosecutor and the persons whose actions (omissions) have been appealed); a copy of the appealed procedural act; materials confirming, in the applicant's opinion, the arguments of the complaint; the prosecutor's response to dismiss the complaint; a copy of the complaint sent to the prosecutor, to which no response has been received.; documents confirming the powers of the representative of the person in whose interests the complaint was filed.

     In the absence of the necessary information in the received complaint and in the materials attached to it, the judge, without refusing to accept the complaint and without returning it without consideration, demands them from the applicant or other persons and bodies and sets a deadline for their submission. If the applicant fails to comply with the instructions, the judge refuses to accept the complaint for trial and returns it to the author.

   The footnote. Paragraph 7 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

The applicant has the right to withdraw the complaint submitted by him personally or through his representative before the start of the court session or before the judge leaves for the conference room. Representatives may withdraw a complaint filed by them or a person being represented only with the consent of the person being represented. The withdrawal of the complaint does not prevent its re-filing with the court before the end of the inquiry or preliminary investigation of the case within the time limits established in part five of Article 106 of the CPC for appealing procedural actions (inaction) and decisions.

     The law does not prohibit the filing of complaints against the actions (inaction) and decisions of the bodies of inquiry, preliminary investigation, prosecutor, as well as during the consideration of a criminal case in court. In such cases, the court considers complaints from the perspective of verifying the legality of the proceedings and the admissibility of evidence obtained as a result of the actions (inaction) or decisions being appealed, and makes an appropriate decision when evaluating evidence in the case under consideration.

     The footnote. Paragraph 8 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

The filing of a complaint by the applicant to the court for consideration in accordance with Article 106 of the CPC and its consideration by the court does not entail the suspension of the proceedings, including the continuation of the contested action and the execution of the contested decision.

The consideration of complaints of violations of the law in the course of procedural actions affecting the rights, freedoms and legitimate interests of citizens and organizations is attributed to the jurisdiction of specialized inter-district investigative courts, specialized investigative courts and district and equivalent courts (investigative judge). The jurisdiction of complaints is determined at the location of the relevant body of inquiry or preliminary investigation, whose actions are being appealed, and in case of appeal against the prosecutor's refusal to satisfy the complaint or failure to receive a response to the complaint from him – at the location of the relevant prosecutor's office.

     If, upon receipt of the complaint, the judge determines that the complaint is not within the jurisdiction of this court, he must immediately issue a resolution on sending the complaint to another court of jurisdiction.

     The footnote. Paragraph 10, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 03/31/2017 No. 3 (effective from the date of the first official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).

In cases of filing a complaint by persons who, in accordance with the law, do not have the right to appeal against this procedural action (inaction), decision, or filing a complaint against actions (inaction) and decisions that cannot be considered in accordance with the procedure provided for in Article 106 of the CPC, or missing the deadline for filing a complaint and the absence of a petition for its restoration, and also, if an application for withdrawal of the complaint is received from the applicant before the start of the court session, the judge issues a reasoned decision to return the complaint without consideration.

     The footnote. Paragraph 11, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 12/11/2020 No. 6 (effective from the date of the first official publication); dated 12/22/2022 No. 10 (effective from the date of the first official publication).

The acceptance of the complaint for its own production and the appointment of a court session for its consideration on the merits is formalized by a decision of the judge, which must indicate the time and place of consideration of the complaint, the notification of the applicant, the prosecutor, as well as the inquirer, investigator, whose actions (inaction) and decisions are appealed.

      The law does not prohibit summoning other persons to a court session for questioning as witnesses, experts, specialists, etc. when considering a complaint. If necessary, the judge may order the criminal prosecution body and the prosecutor to provide relevant materials regarding the appealed actions (omissions) and decisions. The specified requirement of the judge is subject to strict and timely execution within a period not exceeding three days.

     After accepting a complaint for his proceedings, the judge, with the exception of complaints about the actions of the prosecutor, also has the right to give the prosecutor no more than three days to take measures to respond to violations of the law committed during the pre-trial investigation or inquiry. The prosecutor's elimination of violations of the applicant's rights, freedoms, and legitimate interests is the basis for the investigating judge to leave the complaint without consideration.

     The footnote. Paragraph 12 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 11.12.2020 No. 6 (effective from the date of the first official publication).

     12-1. By a decision of the investigating judge, several complaints against the same decision or actions of the investigator, inquirer, or prosecutor may be combined in one proceeding.

     If several complaints are combined in one proceeding, the consideration period is calculated from the date of receipt of the last complaint.

     The footnote. The regulatory resolution was supplemented by paragraph 12-1 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/22/2022 No. 10 (effective from the date of the first official publication).

The complaint is considered by the investigating judge alone without holding a court session for three days. If it is necessary to investigate the circumstances relevant to making a lawful and reasoned decision, the investigating judge examines the complaint within ten days in a closed court session with the participation of the relevant persons and the prosecutor, whose non-appearance does not interfere with the consideration of the complaint. When holding a closed court session via video link with the connection of the relevant persons and the prosecutor, access to other persons who are not participants in the process should be restricted. A protocol is kept during the court session. If necessary, the investigating judge has the right to request additional materials, summon and interview the relevant persons. Officials whose actions (inaction) and decisions are being appealed are required to provide the materials that served as the basis for such actions (inaction) and decisions to the court within three days at the request of the court.

     During the court session, the investigating judge announces which complaint is to be considered, then the applicant, if he participates in the court session, substantiates the complaint, after which other persons who have appeared are heard, who are entitled to provide evidence to the court. The burden of proving the legality of the appealed action (omission) or decision lies with the person who committed or accepted them.

     When considering a complaint, the court, without evaluating the evidence available in the case, must find out whether all the circumstances indicated by the applicant in the complaint have been verified and taken into account by the inquirer, investigator, prosecutor. At the same time, the court, without making conclusions about the proof or lack of proof of guilt, the admissibility or inadmissibility of the collected evidence, must verify the presence or absence of substantive and procedural grounds for making a decision on the case.

      In accordance with paragraph 5 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 11 dated December 23, 2005 "On the application of the norms of the Criminal Procedure Law on the Minutes of the court session", the record of the court session is required when considering a complaint in accordance with the procedure provided for in Article 106 of the CPC.

      An investigating judge who has reviewed a complaint against decisions and actions (inaction) of the prosecutor or the criminal prosecution authorities, in accordance with paragraph 2 of the first part of Article 87 of the CPC, may not participate in the consideration of a criminal case in the courts of first instance, appeal, or cassation.

    The footnote. Paragraph 13, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 03/31/2017 No. 3 (effective from the date of the first official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).

In the preparatory part of the court session, the investigating judge, having announced the beginning of the court session to consider the relevant complaint, must explain to the applicant participating in the meeting, his lawyer and representative, the prosecutor their right to challenge and their other procedural rights and obligations related to the conduct of proceedings to consider the complaint, as well as find out whether they have petitions, consider them, if they have been submitted, and then find out from the applicant whether he supports the complaint.

      Consideration of the complaint consists in hearing the applicant and other persons, examining the arguments of the complaint, materials attached to the complaint and additionally submitted by the parties or requested by the court in order to verify the contested action (inaction), examining the contested action (inaction), and decisions on their compliance with the law.

      When considering a complaint, the judge should not go beyond the arguments of the complaint, therefore, he has the right to examine the materials submitted by the applicant, the prosecutor, or requested by the court itself only to the extent necessary to make a correct decision on the complaint.

     A challenge filed with an investigating judge when considering a complaint in accordance with Article 106 of the CPC is resolved by the same investigating judge alone, with a ruling based on the results of consideration of the application. The challenge filed to the judge of the appellate instance considering the complaint, the petition for the decision of the investigating judge is resolved by the chairman of this court or another judge of this court.

     The decision adopted following the consideration of the application for the recusal of the judge is not subject to independent appeal. The arguments of the participant in the process about the unjustified rejection of the application for recusal may be indicated in a private complaint or a prosecutor's petition for a resolution that is adopted based on the results of consideration of the complaint.

     The footnote. Paragraph 14 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 11.12.2020 No. 6 (effective from the date of the first official publication).

When considering a complaint about the refusal to accept applications or reports of a criminal offense, the court must check when and to which authority the applicant sent the message, for what reasons the message was not accepted. When deciding on such complaints, the court should keep in mind that reports of criminal offenses, in accordance with the requirements of the first part of Article 185 of the CPC, are subject to mandatory acceptance, registration and consideration.

      The court's decision to refuse to accept an application for a criminal offense prosecuted as a private charge is subject to appeal in accordance with article 422 of the CPC to a higher court.

     The footnote. Paragraph 15 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).      16. Excluded by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

When considering complaints against the decision of the criminal prosecution authority to transfer a registered statement or report of a criminal offense under investigation, the courts should remember that such transfer is allowed only in cases provided for in article 186 of the CPC. The decision to transfer a registered statement or report of a criminal offense under investigation on other grounds not provided for by law is subject to recognition as illegal.

     The footnote. Paragraph 17 as amended by the regulatory decree of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).      18. Excluded by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

When considering a complaint against a decision to interrupt the pre-trial investigation or terminate criminal proceedings, the court, without evaluating the evidence available in the case, must find out whether the inquirer, investigator, prosecutor has checked and taken into account all the circumstances that the applicant points out in the complaint, and whether these circumstances could affect the legality of the decision to interrupt the time pre-trial investigation or termination of proceedings. At the same time, the court, without making conclusions about the proof or lack of proof of guilt, about the admissibility or inadmissibility of the collected evidence, must check whether there are any substantive and procedural grounds for terminating the case or interrupting the terms of the pre-trial investigation.

     The footnote. Paragraph 19 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

After hearing the explanations of the persons participating in the court session on the merits of the complaint and examining the materials, the judge in the conference room makes one of the decisions specified in part eight of Article 106 of the CPC, on which he issues a reasoned decision.

     At the same time, if the judge's request to provide materials in connection with the consideration of the complaint by the relevant authorities is not fulfilled, the judge considers the complaint in their absence, and if the available materials do not refute the arguments of the complaint, decides to satisfy it.

If the criminal prosecution body has complied with the requirements of the law when making a decision to terminate a case, the appealed decision cannot be declared illegal only on formal grounds (for example, due to failure to inform interested parties about the decision, non-recognition of the relevant persons as victims or civil plaintiffs, or failure to explain to the said persons their procedural rights and obligations).

     Significant violations of the procedural form of the decisions taken, confirmed at a court hearing, may result in the recognition of the procedural acts as illegal if the court finds that as a result the rights, freedoms, and legitimate interests of the applicant are infringed or otherwise diminished (for example, the inclusion in the decision to terminate the case on rehabilitative grounds of language questioning the innocence of the person).

     The footnote. Paragraph 21 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

Based on the results of consideration of the complaint, the investigating judge issues relevant decisions.:

     on the cancellation of the recognized illegal procedural decision;

      on recognizing the action (inaction) of the relevant official as illegal or unjustified and his obligation to eliminate the violation;

      on assigning the prosecutor the duty to eliminate the violation of the rights and legitimate interests of a citizen or an organization;

     about leaving the complaint without satisfaction.

     If the court session does not establish grounds for declaring the appealed procedural action (inaction) or decision illegal, the court issues a resolution to dismiss the complaint.

     The footnote. Paragraph 22 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

A prosecutor's decision, which, in the course of prosecutorial supervision, overturned the decisions of the investigator or inquirer to terminate the case and others due to the incompleteness of clarifying all the circumstances of the case or due to non-compliance with other requirements of the law, cannot be considered illegal, as it is aimed at ensuring the legality of the preliminary investigation and inquiry. Violations of the applicant's rights, freedoms, and legitimate interests committed during the issuance of these decisions are subject to elimination.

    The footnote. Paragraph 23 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 03/31/2017 No. 3 (effective from the date of the first official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).

In cases where it is established at a court hearing that after the applicant has filed a complaint with the prosecutor, he has not received a response from the latter and the 15-day period from the date of its filing has not yet expired, or when the applicant has missed the deadline specified in part five of Article 106 of the CPC for applying to court, the judge shall order the return of the complaint without consideration with indication of the relevant grounds. A judge issues a similar ruling in cases where a complaint has been filed against an action (omission) or decision of the relevant officials or prosecutor, the appeal of which is provided for in a different manner, or when by that time the inquiry or preliminary investigation has been completed and the case has been sent to court.

      The law does not provide for the court to make other decisions when considering complaints in accordance with article 106 of the CPC, for example, to transfer it to other bodies or officials for consideration.

The court's decision issued following the consideration of the complaint must be lawful and justified. The introductory part of the resolution indicates: the time and place of the decision; the name of the court that issued the decision; the chairman, the secretary of the court session, the participants in the process, their representatives, the translator; the surname, first name, patronymic of the author of the complaint, the name of the act to be considered, the indication of the body, the action (omission), whose decisions are appealed. The descriptive and motivational part of the resolution should clearly indicate whether the norms of the law were violated during the appealed procedural action (inaction), decision-making, and which ones, whether these violations affect the personal rights and legitimate interests of the applicant, as well as what decision should be taken by the court on the complaint in order to eliminate these violations with appropriate motives. The operative part of the resolution on the satisfaction of the complaint, the recognition of the illegal contested procedural action (inaction), the decision must indicate the name of the contested act, by whom, when, in respect of whom or on what occasion it was committed (not committed) or made, as well as the decision to cancel it or an indication obliging the relevant official. eliminate the violation of the rights and legitimate interests of a citizen or organization.

      When making a decision to satisfy a complaint with the assignment to the appropriate official or prosecutor of the duty to eliminate violations of the rights and legitimate interests of a citizen or organization, the decision should clearly indicate which violations of the law need to be eliminated.

     The footnote. Paragraph 25 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

A copy of the court's decision must be handed over to the applicant and the prosecutor after the announcement on the same day, and if they did not participate in the court session, it must be sent to them using available means of communication. Compliance with the time limit provided for in the second part of Article 107 of the CPC for the filing by the applicant, the prosecutor of a private complaint / petition against the court order, the sanction of the investigating judge is not related to the time they received a copy of the decision, the specified period is calculated from the moment of its announcement. If the deadline for appealing a court decision is missed, it may be restored in accordance with the rules of article 50 of the CPC.

     Upon receipt of a private complaint/petition, the investigating judge sends copies of them to the parties, and after three days from the date of the announcement of the decision, he sends the case to a higher court, which he notifies the applicant and the prosecutor. The parties may submit objections to a private complaint/protest in writing to a higher court or verbally state them during the consideration of the case by a judge of this court.

     The footnote. Paragraph 26 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 03/31/2017 No. 3 (effective from the date of the first official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).

A private complaint/petition is considered by a judge of a regional or equivalent court alone in a closed court session within three days from the date of receipt. The applicant and the prosecutor may participate in the court session, who are entitled to provide explanations on the merits of the complaint and the decision adopted by the court, as well as to state their objections to the complaint / petition of the opposing party, however, their failure to appear does not prevent the consideration of private complaints / petitions, and also cannot be regarded as a withdrawal of the complaint, entail the dismissal of the complaint without consideration or serve grounds for leaving the complaint without satisfaction. In accordance with article 430 of the CPC, the judge of the appellate instance may, at the request of the parties or on his own initiative, request additional materials necessary to resolve the complaint. When considering complaints and protests against court rulings, in addition to verifying the arguments given in them, regional courts should pay due attention to the issues of compliance by the prosecutor, investigative bodies, and inquiry with the requirements of the law prohibiting arbitrary restriction of citizens' rights and freedoms, as well as pay attention to the courts' compliance with the requirements of the law when considering a complaint.

      Based on the results of consideration of a private complaint/petition, a judge of a regional or equivalent court in a conference room issues a resolution stating that the complaint/petition has been satisfied or denied. Upon satisfaction of the complaint/petition, the decision must simultaneously indicate the cancellation of the appealed decision of the investigating judge and set out a new decision on the merits of the complaint. It is not allowed to take decisions not provided for in article 106 of the CPC, in particular, to cancel the decision of the investigating judge and send the case for reconsideration of the complaint to the same court, to change the decision of the investigating judge, or to transfer the complaint to other bodies or officials for consideration.

      The decision of the judge of the regional court enters into force immediately upon announcement, is final, and excludes further proceedings to consider the applicant's complaint in accordance with the procedure provided for in Article 106 of the CPC, as well as in cassation.

     The footnote. Paragraph 27 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 03/31/2017 No. 3 (effective from the date of the first official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).

Upon the entry into force of the decision, which satisfied the applicant's complaint and decided to cancel the contested procedural action (inaction), the decision or imposed the duty on the relevant official, the prosecutor to eliminate the violation of the rights and legitimate interests of an individual or organization, by order of the investigating judge, is sent for immediate execution to the relevant body, official, prosecutor, who they are obliged to notify the court of the execution of the resolution. Persons guilty of non-compliance with a court order may be held liable in accordance with the law.

     The footnote. Paragraph 28 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of the first official publication).

Upon establishing the fact of illegality of actions (inaction) and (or) decisions of the prosecutor, criminal prosecution authorities that have resulted in unlawful restriction or other violations of human rights and freedoms, legally protected interests of organizations, the investigating judge, following consideration of the complaint, is obliged, in accordance with part six of Article 56 of the CPC, to issue a private ruling to resolve the issue of liability of persons responsible for those who committed violations of the law.

      In case of non-fulfillment of a judicial act of the investigating judge that has entered into legal force or is subject to immediate execution, issued as a result of consideration of the complaint in accordance with Article 106 of the CPC, the official charged with eliminating violations of the law is subject to liability provided for by law.

     The footnote. Paragraph 29 is amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/22/2022 No. 10 (effective from the date of the first official publication).

According to article 4 of the Constitution of the Republic of Kazakhstan, this regulatory resolution is included in the current law, and is also generally binding and effective from the date of its official publication.

Chairman of the Supreme Court

Republic of Kazakhstan

B. Beknazarov

Judge of the Supreme Court

Republic of Kazakhstan,

Secretary of the plenary session

D. Nuralin

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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