On the practice of applying the law on compensation for damage caused by illegal actions of bodies conducting criminal proceedings
Normative resolution of the Supreme Court of the Republic of Kazakhstan dated July 9, 1999 No. 7.
Warning. The subject of the normative resolution as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication). Warning. Throughout the text, the words "CPC", "in the CPC" were replaced by the words "in the CPC", "in the CPC", respectively-by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
The study of judicial practice showed that in the activities of the courts there are facts of illegal convictions of citizens. Although in some cases there are circumstances that exclude criminal prosecution specified in the law, the courts have already issued a guilty verdict.
When making a decision on acquittal, as well as other, as a result of which persons have the right to compensation for harm, the courts did not indicate in the procedural documents on the recognition of their such rights and did not explain the procedure for compensation for harm.
When considering claims and claims for compensation for damage, the courts sometimes incorrectly applied the norms of the Criminal Procedure Law, establishing the grounds and procedure for collecting damage caused by illegal actions of the bodies that conducted the criminal process.
In order to eliminate these shortcomings and in connection with the change in the law regulating the procedure for recovery of damage caused as a result of illegal actions of bodies conducting criminal proceedings, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
Warning. The introduction as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
Draw the attention of criminal prosecution bodies and courts to the fact that the facts of unjustified bringing to criminal responsibility, illegal application of procedural coercion measures, unjustified conviction are gross violations of the law and as a result of which the legal rights and interests of a person and citizen, legal entities are seriously violated, material damage and moral damage to them and the state are caused.
Explain that illegal actions of bodies in conducting criminal proceedings are recognized as:
implementation of criminal prosecution in the absence of a complaint by a private prosecutor in cases of criminal offenses referred to in parts two and three of Article 32 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Procedure Code), except for cases provided for in part four of this article;
implementation of criminal prosecution in the case, whether it is an unbroken decision of the criminal prosecution authorities to terminate the criminal case, as well as the same accusation and a sentence or court decision that has entered into force, establishing the impossibility of criminal prosecution in relation to the same person;
the absence of corpus delicti in the actions of a court event or a person or the involvement of a person in the commission of a crime has not been proven, the prosecutor and private prosecutor have refused to charge, the private prosecutor in a private prosecution case has refused to charge (except in cases provided for in the fourth part of Article 32 of the CPC), the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code of the Republic of Kazakhstan), the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code of the Republic of Kazakhstan) – Criminal prosecution) after establishing facts confirming the expiration of the term of criminal prosecution provided for in articles 71 and 88 and the consent of the person to terminate the case on this basis, the friendship of the victim and the accused, the suspect in the cases specified in the first part of Article 68 of the Criminal Code, the adoption of a new criminal law that eliminates criminal liability for the actions committed by the person, the release of an amnesty act that exempts punishment and the consent of the person to terminate the case on this basis, the adoption of an act of pardon for the person.
Also, illegal actions of the bodies conducting criminal proceedings include: improper application of the norms of criminal law in the degree of crime; illegal application of preventive measures or other procedural coercive measures provided for by law; detention of a person detained as a suspect for committing a criminal offense or a person detained under guard as a preventive measure in a situation dangerous to his life and health; forced placement of a non-detainee in a medical facility for forensic psychiatric or forensic examination, even if there is no court order about it; taking violent, harsh or degrading measures; conducting procedural actions in conditions that pose a threat to the life and health of persons participating in it, making decisions and actions that humiliate or degrade the dignity of a person participating in criminal proceedings, as well as personal information that another person considers necessary to be confidential, use and publish for purposes not provided for by the CPC; illegal conviction; illegal application of coercive measures of a medical nature; illegal application of coercive measures of educational influence, etc.
The illegality of the actions of the bodies conducting the criminal process is established by a verdict or resolution of the court or a resolution issued by the body of inquiry, preliminary investigation, prosecutor.
Warning. Paragraph 2 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
To explain that in cases where detained persons, suspects, accused, defendants, convicted, rehabilitated are harmed as a result of illegal actions of the bodies conducting criminal proceedings, the force is applied from Article 37 to Article 42 inclusive of the Criminal Procedure Code. The list of persons entitled to compensation for damage caused by illegal actions of the bodies conducting criminal proceedings, specified in Article 38 of the CPC, is final. The issue of compensation for damage caused to other persons (witnesses, witnesses, translators, etc.) who participated in the judicial proceedings in the case must be resolved in accordance with the Civil Procedure.
The procedure for compensation for harm to persons subjected to mass political repression and rehabilitated is regulated by the law of the Republic of Kazakhstan dated April 14, 1993 No. 2143-XII "on rehabilitation of victims of mass political repression".
Warning. Paragraph 3 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
A person should be recognized as fully acquitted in the event of a court acquittal or a decision of the bodies of inquiry, preliminary investigation, prosecutor's office to terminate the criminal case as a result of the absence of a crime event, as a result of the absence of corpus delicti or as a result of the inability to prove a person's participation in a crime.
Recognition of a person as not guilty under some episodes of prosecution, re-ranking his actions in the article of the criminal law providing for liability for a milder crime, violation of the unlawful application of a compulsory measure of a medical nature or a compulsory measure of educational influence means that he is partially justified.
In accordance with the second part of Article 13 and part eight of Article 14 of the Criminal Code, detained, suspected, accused, convicted and convicted persons are also subjected to violence or severe detention in the course of legal proceedings, their dignity is degraded by decisions or actions of the bodies conducting criminal proceedings, or in the case under consideration, when personal data of a person, compensation for damage caused to them.
Warning. Paragraph 5 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
The reason for filing a claim for damages is the issuance of an acquittal or the decision of the court of inquiry, preliminary investigation bodies, the prosecutor on the termination of the criminal case on the grounds specified in the first part of Article 38 of the CPC, as well as the fact of untimely adoption of acts of Amnesty, pardon, the application of a new criminal law that eliminates or mitigates criminal liability, etc. When making such a decision, the body that conducted the criminal process must determine the right of a person to compensation for damage caused by the actions of the bodies conducting the criminal process, and, if there are grounds, indicate in the acquittal or decision on the termination of the case in accordance with Article 42 of the Criminal Procedure Code.
In accordance with Article 42 of the CPC, the body of inquiry, preliminary investigation, prosecutor or court that has made a decision on acquittal is obliged to send a copy of the acquittal or resolution to the person and a notification on the procedure for compensation for damage. The notification should indicate that in accordance with the first part of Article 40 of the CPC, a person has the right to demand compensation for property damage, elimination of the consequences of moral damage, restoration of labor, pension, housing and other rights violated in connection with the proceedings. At the same time, the notice should explain the procedure for compensation for damage, namely: the period during which a person has the right to file a claim; the requirement to send information about the acquittal to the relevant media, where he works, studies, lives, a claim for compensation for property damage, a claim for the restoration of labor, pension, housing and other rights, a claim for compensation for moral damage, the return of state awards, the restoration of honorary and other titles, ranks, ranks, qualification classes, etc. the name of the bodies to whom the claims must be submitted must be indicated.
The notification must indicate the outgoing number and the date of its shipment to the addressee.
Warning. Paragraph 6 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
It should be clarified that in accordance with the first part of Article 41 of the CPC, the body conducting criminal proceedings is obliged to formally apologize to the rehabilitated person for the harm caused, and it must be provided in writing. Since the notice is official, it must be drawn up on a special or service form and signed by the head of the body that made the acquittal decision. It should refer to a specific decision to acquit a person, indicate the illegality of criminal prosecution, and write words about a formal apology for the damage caused.
Warning. Paragraph 7 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
The right to compensation for damage caused by illegal actions of the bodies conducting criminal proceedings is granted to both individuals and legal entities. Compensation for property damage in accordance with the third part of Article 40 of the CPC may be claimed by their legal representatives along with the persons specified in the second part of Article 38 of the CPC. In cases specified in part three of Article 38 of the CPC, heirs and persons entitled to provide benefits in case of loss of a breadwinner in accordance with the law on retirement are also entitled to compensation for damage.
Warning. Paragraph 8 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
Explain that persons may submit a claim to the competent authorities to resolve issues raised in the claim for the restoration of violated rights within six months from the date of receipt of the notification explaining the procedure for restoring rights. In particular, the claim for the restoration of labor rights is sent to the organization, Enterprise, Institution where the rehabilitated person worked and was dismissed due to criminal liability or conviction; on the payment of a pension or benefit that was not received - to the social protection authorities; on the restoration of Housing Rights - to local executive bodies; on the return of confiscated property - to the body at the place of residence of the same property; on the return of State Awards, on the restoration of honorary, military, special or other titles, class rank, diplomatic rank, Qualification Class - to the bodies competent for consideration of these issues.
A claim for compensation for property damage may be sent directly to the relevant court specified in part three of Article 40 of the CPC.
Property damage caused as a result of illegal actions of the body conducting criminal proceedings in accordance with the first part of Article 40 of the CPC and the resolution of the Government of the Republic of Kazakhstan dated November 21, 2014 No. 1218 "on approval of the rules for payment of property damage caused as a result of illegal actions of the body conducting criminal proceedings to the person acquitted by the court, the suspect, accused, the defendant, who has been issued a decision of the court, the criminal prosecution body on termination of the criminal case":, other funds and income; property illegally confiscated or converted into state income on the basis of a court verdict or other decision; fines collected for the execution of an illegal court sentence; court costs and other amounts paid by a person in connection with illegal actions; amounts paid by a person for the provision of Legal Assistance; other expenses incurred as a result of criminal prosecution. At the same time, persons who have the right to compensate in full for property damage caused by illegal actions of the body conducting criminal proceedings have the right to restore labor, pension, housing and other rights, as well as to eliminate the consequences of moral damage.
Warning. Paragraph 9 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
Persons referred to in Article 38 of the CPC have the right to compensate in full for property damage caused as a result of illegal actions of bodies conducting criminal proceedings, to eliminate the consequences of moral damage.
A claim for compensation for property damage caused by illegal actions of the bodies conducting criminal proceedings, sent within six months from the date of receipt of the notification explaining the procedure for restoring rights, is considered by the court in accordance with the procedure provided for in Article 40 of the CPC.
If the six-month period for filing a claim for compensation for property damage is missed and is not restored, then the person has the right to file a claim and go to court in the order of civil proceedings.
Claims for compensation in monetary terms for moral damage caused by illegal actions of the bodies conducting criminal proceedings may be filed only in the order of civil proceedings.
When considering claims, the courts should take as a basis that the right to compensate for property and moral damage arises on the basis of the responsibility of the state, regardless of the fault of the bodies conducting criminal proceedings and their specific officials, and the damage is compensated from budget funds.
Warning. Item 10 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 24.01.2020 No. 2 (entered into force from the date of its first official publication).
10-1.when considering criminal cases of torture and other criminal offenses, a civil claim for compensation of material and moral damage by the victim (and in case of his death as a result of a crime – persons exercising the rights of the victim in accordance with the law) may be filed from the moment of the beginning of the pre-trial investigation and until the end of the judicial investigation.
A civil claim is made directly to the suspect, accused, defendant or persons who are responsible for their actions or actions of an insane person.
In accordance with Article 168 of the CPC, a civil claim is considered together with a criminal case. The decision on a civil claim is reflected in the resolution part of the sentence. The arguments of the court's decision on a civil claim must necessarily be reflected in the motivational part of the sentence.
Warning. The normative resolution was supplemented by paragraph 10-1 - by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 24.01.2020 No. 2 (effective from the date of its first official publication).
When considering claims for compensation for damage, the court is obliged to request documents necessary for their consideration: on wages at the place of work, on the amounts paid for legal assistance, on the price of property illegally confiscated or received at the state revenue, on the amount of expenses related to the execution of an illegal sentence or court order and other If necessary, reports may be requested from the financial authorities and social protection authorities.
Warning. Paragraph 11 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
The calculation of the amount of damage and the determination of the circle of persons entitled to compensate for it is carried out in accordance with the law that was in force at the time of the damage. The amount of damage caused before the entry into force of the Criminal Procedure Code of the Republic of Kazakhstan is determined according to the norms established by the regulation "on the procedure for compensation for damage caused to citizens by illegal actions of the bodies of Inquiry, preliminary investigation, prosecutor's office and court", approved by the resolution of the Presidium of the Supreme Soviet of the USSR dated May 18, 1981.
When determining the amount of damage in accordance with the norms of the Criminal Procedure Code of the Republic of Kazakhstan, it is important to pay attention to the circumstances that determine the moments and deadlines for which the actions of the bodies conducting the criminal process are recognized as illegal. In particular, in cases where the differentiation of actions committed in accordance with paragraph 4 of part two of Article 38 of the Criminal Code has been changed to an article of the Criminal Code providing for liability for a more lenient criminal offense, in which detention or custody is not allowed at the time of suspicion or accusation of its commission, or a more lenient new punishment has been imposed under this article, or the accusatory part has been removed from the sentence and the punishment has been reduced in this regard, in the same way, in case of cancellation of an illegal Court decision on the application of compulsory medical measures or measures of compulsory educational influence, it is advisable to recognize illegal detention of a person in connection with detention or application of a preventive measure or serving a criminal sentence in the form of arrest or imprisonment. At the same time, the actual served period of detention, detention or punishment in the form of imprisonment is considered to be illegally served in the part of the criminal code in which the act committed by the guilty person exceeds the maximum amount of punishment in the form of arrest or imprisonment provided for in the newly differentiated article. If the newly differentiated article of the criminal offense of the criminal code does not provide for arrest or imprisonment as a punishment, then the part of the sentence of detention, arrest or imprisonment that cannot be counted in place of the punishment provided for in the said article of the criminal code is considered illegally served.
Warning. Paragraph 12 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
Persons referred to in Article 38 of the CPC have the right to compensate in full for property damage caused as a result of illegal actions of bodies conducting criminal proceedings, to eliminate the consequences of moral damage.
A claim for compensation for property damage caused by illegal actions of the bodies conducting criminal proceedings, sent within six months from the date of receipt of the notification explaining the procedure for restoring rights, is considered by the court in accordance with the procedure provided for in Article 40 of the CPC.
If the six-month period for filing a claim for compensation for property damage is missed and is not restored, then the person has the right to file a claim and go to court in the order of civil proceedings.
Claims for compensation in monetary terms for moral damage caused by illegal actions of the bodies conducting criminal proceedings may be filed only in the order of civil proceedings.
When considering claims, the courts should take as a basis that the right to compensation for property and moral damage arises on the basis of the responsibility of the state, regardless of the fault of the bodies conducting criminal proceedings and their specific officials, and the damage is compensated from budget funds.
Warning. Paragraph 10 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 24.01.2020 No. 2 (entered into force from the date of its first official publication).
10-1.when considering criminal cases of torture and other criminal offenses, a civil claim for compensation of material and moral damage by the victim (and in case of his death as a result of a crime – persons exercising the rights of the victim in accordance with the law) may be filed from the moment of the beginning of the pre-trial investigation and until the end of the judicial investigation.
A civil claim is made directly to the suspect, accused, defendant or persons who are responsible for their actions or actions of an insane person.
In accordance with Article 168 of the CPC, a civil claim is considered together with a criminal case. The decision on a civil claim is reflected in the resolution part of the sentence. The arguments of the court's decision on a civil claim must necessarily be reflected in the motivational part of the sentence.
Warning. The normative resolution was supplemented by paragraph 10-1 - by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 24.01.2020 No. 2 (effective from the date of its first official publication).
When considering claims for compensation for damage, the court is obliged to request documents necessary for their consideration: on wages at the place of work, on the amounts paid for legal assistance, on the price of property illegally confiscated or received at the state revenue, on the amount of expenses related to the execution of an illegal sentence or court order and other If necessary, reports may be requested from the financial authorities and social protection authorities.
Warning. Paragraph 11 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
The calculation of the amount of damage and the determination of the circle of persons entitled to compensate for it is carried out in accordance with the law that was in force at the time of the damage. The amount of damage caused before the entry into force of the Criminal Procedure Code of the Republic of Kazakhstan is determined according to the norms established by the regulation "on the procedure for compensation for damage caused to citizens by illegal actions of the bodies of Inquiry, preliminary investigation, prosecutor's office and court", approved by the resolution of the Presidium of the Supreme Soviet of the USSR dated May 18, 1981.
When determining the amount of damage in accordance with the norms of the Criminal Procedure Code of the Republic of Kazakhstan, it is important to pay attention to the circumstances that determine the moments and deadlines for which the actions of the bodies conducting the criminal process are recognized as illegal. In particular, in cases where the differentiation of actions committed in accordance with paragraph 4 of part two of Article 38 of the Criminal Code has been changed to an article of the Criminal Code providing for liability for a more lenient criminal offense, in which detention or custody is not allowed at the time of suspicion or accusation of its commission, or a more lenient new punishment has been imposed under this article, or the accusatory part has been removed from the sentence and the punishment has been reduced in this regard, in the same way, in case of cancellation of an illegal Court decision on the application of compulsory medical measures or measures of compulsory educational influence, it is advisable to recognize illegal detention of a person in connection with detention or application of a preventive measure or serving a criminal sentence in the form of arrest or imprisonment. At the same time, the actual served period of detention, detention or punishment in the form of imprisonment is considered to be illegally served in the part of the criminal code in which the act committed by the guilty person exceeds the maximum amount of punishment in the form of arrest or imprisonment provided for in the newly differentiated article. If the newly differentiated article of the criminal offense of the criminal code does not provide for arrest or imprisonment as a punishment, then the part of the sentence of detention, arrest or imprisonment that cannot be counted in place of the punishment provided for in the said article of the criminal code is considered illegally served.
Warning. Paragraph 12 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
Taking into account the indemnity of harm to a person who has committed self-slander in accordance with the fourth part of Article 38 of the CPC, it is necessary to establish that in each specific case the self-slander was committed voluntarily and prevented the disclosure of the truth in the case. In case of detection of unauthorized ways of conducting an investigation in a case or other violations of the law that led to self-slander or false interrogation of a suspect, accused, defendant, the damage caused as a result of an illegal conviction or illegal actions of the bodies that conducted the criminal process is subject to satisfaction.
Warning. Paragraph 13 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
In case of termination of a criminal case in connection with the adoption of an amnesty act, pardon, expiration of the statute of limitations, the adoption of a law that eliminates criminal liability or mitigates punishment, the claim for compensation for damage shall be satisfied only if there is an agreement on the termination of the case on these grounds, decisions on the termination of criminal prosecution and the termination of the applied procedural coercive measures are not made in a timely manner.
The claim for compensation for property damage is considered by a judge individually in accordance with the procedure provided for in part four of Article 40 of the CPC. In accordance with Article 38 of the CPC, property damage caused as a result of illegal actions of the body conducting the criminal process is compensated from the Republican budget in full, regardless of whether the body conducting the criminal process is guilty or not. On behalf of the state, a representative of the state body who has allocated funds in accordance with the law of the Republic of Kazakhstan on the budget for the current year to compensate for damage caused by illegal actions of the bodies conducting criminal proceedings participates in the court session. If the law on the budget does not establish such a body, then the collection is made from the Ministry of Finance of the Republic. The absence of the specified representative or the claimed person at the court session does not prevent its consideration.
Based on the results of consideration of the claim, a resolution must be issued. It must indicate the circumstances based on whether the body or court that made the decision on acquittal satisfies or not the claims of the applicant. The resolution also contains: the name of the body that issued the resolution and its official, and the place and time of its origin; the date and name of the procedural document, which is taken as a basis when bringing a citizen to criminal responsibility, arrest under guard, applying punishment or other measures of procedural coercion; date and name of the procedural document on rehabilitation of a person, grounds for rehabilitation; content of the claims of an rehabilitated person; full calculation of property damage to be compensated with reference to the document taken as a basis in the report and the law providing for compensation for damage; the total amount to be paid at the expense of compensation for damage and the procedure and
Warning. Paragraph 15 as amended by the normative resolutions of the Supreme Court of the Republic of Kazakhstan dated 25.06.2010 No. 6 (for the procedure of entry into force, See Article 2); dated 31.03.2017 No. 3 (entered into force from the date of its first official publication).
In accordance with Article 41 of the CPC, when satisfying the requirements for the elimination of the consequences of spiritual harm, the final part of the resolution should indicate who and what specific actions should be taken to refute the information about that person associated with illegal criminal prosecution. If necessary, the resolution may provide the text of the appeal, which is subject to publication through the press or radio, television and other mass media.
Warning. Paragraph 16 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
In accordance with the second part of Article 415 of the CPC, the decision of a judge issued based on the results of consideration of a claim for compensation for damage may be appealed, protest may be brought in accordance with the procedure established by Chapter 48 of the CPC.
Warning. Paragraph 17 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (entered into force from the date of its first official publication).
The commission of monetary payments related to compensation for damage caused by illegal actions of the bodies conducting criminal proceedings is carried out at the expense of the Republican budget, regardless of the fault of those bodies. A copy of the resolution issued based on the results of consideration of the claim for damages must be stamped and sent to the applicant or his legal representative for submission to the authorities obliged to pay.
If the acquittal or decision of the court on the termination of the case on the basis of compensation for damage is violated and an indictment is issued in the case, the amounts paid for compensation for damage due to the reverse execution of the court decision are subject to recovery from the person who received it.
In case of detection of facts of unjustified criminal prosecution, detention, illegal detention or illegal application of other measures of procedural coercion affecting the legal rights and interests of citizens when considering cases, the courts must issue separate rulings on the application of measures to prevent violations in the conduct of criminal cases in the name of the relevant authorities and officials.
Warning. Paragraph 20 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its first official publication).
In connection with the adoption of this resolution, the resolution of the plenum of the Supreme Court of the Republic of Kazakhstan dated February 23, 1987 N 2 P87002S_ "on measures to eliminate the facts of illegal conviction of citizens and the practice of compensation for damage caused as a result of illegal actions of the bodies conducting criminal proceedings" was canceled and the plenum of the Supreme Court of the USSR dated December 23, 1988 "Presidium of the Supreme Soviet of the USSR "of State and public organizationIn connection with the adoption of this resolution, the resolution of the plenum of the Supreme Court of the Republic of Kazakhstan dated February 23, 1987 N 2 P87002S_ "on measures to eliminate the facts of illegal conviction of citizens and the practice of compensation for damage caused as a result of illegal actions of the bodies conducting criminal proceedings" was canceled and the plenum of the Supreme Court of the USSR dated December 23, 1988 "Presidium of the Supreme Soviet of the USSR "of State and public organizations, also, to recognize as invalid in the Republic of Kazakhstan Resolution No. 15" on some issues of application in judicial practice of the decree" on compensation for harm caused to a citizen by illegal actions of officials in the performance of official duties".
In accordance with Article 4 of the Constitution of the Republic of Kazakhstan, this normative resolution is part of the applicable law, is also universally binding and enters into force from the date of its official publication.
Warning. The normative resolution was supplemented by Paragraph 22 - by the n Warning. The normative resolution was supplemented by Paragraph 22 - by the normative resolution of the Supreme Court of the Republic of Kazakhstan
The footnote. Paragraph 17 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).
Monetary payments in connection with compensation for damage related to illegal actions of bodies conducting criminal proceedings, regardless of the guilt of these bodies, are carried out at the expense of the republican budget. A copy of the decision issued based on the results of the consideration of the claim for damages, stamped with a stamp, must be sent to the applicant or his legal representative for submission to the authorities responsible for making the payment.
If the acquittal of the court or the decision to terminate the case, on the basis of which compensation for harm was made, is canceled and a guilty verdict is passed upon a new hearing of the case, the amounts paid to the person for compensation for harm are subject to recovery from him in the order of reversal of the execution of the court decision.
In the event that the facts of unjustified criminal prosecution, detention, unlawful detention, or the unlawful use of other measures of procedural coercion or other violations of the rule of law affecting the legitimate rights and interests of citizens are established, courts should issue private rulings to the relevant authorities and officials to take measures to prevent violations of the rule of law in the conduct of criminal proceedings. business.
The footnote. Paragraph 20 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).
In connection with the adoption of this resolution, the Resolution of the Plenum of the Supreme Court of the Republic of Kazakhstan dated February 23, 1987 No. 2 "On measures to eliminate the facts of unjustified conviction of citizens and the practice of compensation for damage caused by unlawful prosecution and conviction" shall be considered invalid and the Resolution of the Plenum of the Supreme Court of the USSR dated December 23, 1988 shall be considered invalid in the Republic of Kazakhstan. Year No. 15 "On some issues of Application in Judicial practice of the Decree of the Presidium of the Supreme Soviet of the USSR dated May 18, 1981 "On compensation for harm, caused to a citizen by illegal actions of state and public organizations, as well as officials in the performance of their official duties."
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.
The footnote. The regulatory resolution was supplemented by paragraph 22 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).
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