On the consideration by the courts of complaints against the actions (omissions) and decisions of the investigative and inquiry bodies of the prosecutor.
On the consideration by the courts of complaints against the actions (omissions) and decisions of the investigative and inquiry bodies of the prosecutor. (Article 109 of the Criminal Procedure Code of the Republic of Kazakhstan)" on the topic No. 3: 1 of June 27, 2012: "on the consideration by the courts of complaints against actions (inaction) and decisions of investigative and inquiry bodies (Article 109 of the Criminal Procedure Code of the Republic of Kazakhstan)"; 2) throughout the text: replace the words "bodies of Investigation and inquiry", "bodies of Investigation, inquiry", "bodies of inquiry, investigation", "bodies of inquiry, investigation" with the words "bodies of criminal prosecution"; replace the word "CPC" with the word "CPC"; replace the words" inquiry or preliminary investigation"," inquiry, preliminary investigation"," preliminary investigation and inquiry "with the words" pre-trial investigation"," pre-trial investigation", respectively; replace the words" pursuit"," pursuit "with the words" procedural", respectively; replace the digits" 109 "with the digits" 106"; 3) in Paragraph 1: the words" second"," first "with the digits" 2"," 1", respectively; in Article 12 of the Code of Criminal Procedure Of The Republic of Kazakhstan (hereinafter referred to as the code of Criminal Procedure), the words" criminal process Code of the Republic of Kazakhstan (hereinafter referred to as the CPC) in Article 8"; 4) delete the second, third and fourth paragraphs in paragraph 4; 5) replace the digits "169" in paragraph 5 with the digits "162"; 6) in paragraph 6: replace the digits "56" in the third paragraph with the digits "50"; replace the words "to Part 3 of Article 284" with the words "to the third part of Article 305"; 7) remove the words "by its own decision" in paragraph 7; 8) replace the digit "5" in Paragraph 8 with the word "fifth"; 9) 10-in the first paragraph of the paragraph: after the word "courts", add the words "(investigating judge)"; remove the third sentence; 10) in paragraph 13: paragraphs one, two and three should read as follows: "the complaint is considered individually by the investigating judge without holding a court session within three days
If it is necessary to investigate the circumstances that are significant for making a legal and reasonable decision, the investigating judge considers the complaint within ten days in a closed court session with the participation of the relevant persons and the prosecutor, whose absence does not prevent the consideration of the complaint. By order of the investigating judge, the court session may be held in the mode of video communication. During the court session, the minutes of the court session are kept. If necessary, the investigating judge has the right to request additional materials, call the relevant persons and ask them questions. Officials whose actions (inaction) and decisions are being appealed are obliged, at the request of the court, to commit such actions (inaction) within three days and submit to the court the materials that served as the basis for the decisions. During the court session, the investigating judge informs which complaint is subject to consideration, after which, if the applicant is present at the court session, he substantiates the complaint, after which other persons who have arrived are heard, who have the right to present evidence to the court. The burden of proving the legality of the appealed action (omission) or decision rests with the person who committed or made them. When considering a complaint, the court should not evaluate the existing evidence in the case, but establish that all the circumstances indicated by the applicant in his complaint were checked and taken into account by the Inquirer, investigator, prosecutor. At the same time, the court must verify the existence or absence of material, legal and procedural grounds for making a decision on the case, without making a conclusion about the proven or not of guilt, the admissibility or inadmissibility of the collected evidence."; in the fifth paragraph: the words" to the second paragraph of the first part of Article 90 "should be replaced with the words" to the 2nd paragraph of the first part of Article 87"; the words" and supervision " should be removed; 11) in paragraph 15: the words "on crimes", "on crimes" should be replaced with the words "on criminal offenses", "on criminal offenses", respectively; the figures "183", "403" should be replaced with the figures "185", "422", respectively; 12) item 16 should be deleted; 13) item 17 should read as follows: "17. on the investigation of a registered application or report on a criminal offense, the body of criminal prosecution should when considering complaints about the decision of the courts, it should be borne in mind that filing on investigative grounds is allowed only in cases stipulated by Article 186 of the CPC. The decision to submit a registered application or report on a criminal offense on other grounds not provided for by law on investigation is subject to recognition as illegal."; 14) delete paragraph 18; 15) in Paragraph 19: "termination or termination of the criminal case by the court", "termination", respectively, replace with the words "interruption of the terms of the pre-trial investigation by the court or reduction of the proceedings in the criminal case", "interruption of the terms of the pre-trial investigation"; delete the words "proceedings in the case; 16) the word "fourth" in Paragraph 20 should be replaced by the word "eighth"; 17) the words "on the initiation of a criminal case" in paragraph 21 "on the termination of proceedings in a case or other" should be removed; 18) in Paragraph 22: the first paragraph should read as follows: "on the cancellation of a procedural decision, recognized by the investigating judge as illegal, based on the results of consideration of the complaint; on the recognition of the actions (omissions) of the relevant official as illegal or unjustified and his obligation to eliminate the committed violation; to impose on the prosecutor the obligation to eliminate the permissible violation of the rights and legitimate interests of a citizen or organization; to dismiss the complaint."; the words" on refusal to satisfy the complaint "in the second paragraph should be replaced with the words" on leaving the complaint without satisfaction"; 19) the words" on refusal to initiate a criminal case " in paragraph 23 should be deleted; 20) the second paragraph in paragraph 25 should be deleted; 21) in paragraph 26: in the first paragraph: the words "in the ninth part of Article 109" should be replaced by the words "in the second part of Article 107"; the digits "56" should be replaced by the digits "50"; in the second paragraph: the words "Judge of the first instance" should be replaced by the words "investigating judge"; 22) in paragraph 27: the word "Ten" should be replaced by the word "three"; the words "First Instance", "first instance" should be removed; "replace the digits" 410 "with the digits" 430"; the words "appealed decision of a judge of a lower court", "decision of a lower court", "decision of a district court" should be replaced with the words "appealed decision of an investigating judge", "decision of an investigating judge", "decision of an investigating judge", "decision of an investigating judge", respectively; the words "or in order of supervision" in the third paragraph should be removed; 23) in paragraph 28: "the words of a judge of a court of First Instance (chairman of the court)" should be replaced with the words "investigating judge"; 24) in paragraph 29 "59" replace the digits with "53".
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