The chairman of the inter-district court for criminal cases of the complaint declared the response illegal
President Of The Republic Of Kazakhstan
Tokayev Kassym-Jomart Kemelovich
Astana, 010000, Mangilik El STR., 6,"Akorda"
Presidential Residence.8 7172 74 56 31.
From The Defender: Lawyer Sarzhanov Galymzhan Turlybekovich
Legal Office" law and law"
IIN 201240021767.
Republic of Kazakhstan, 050002, Almaty, Almaly
district, Abylai Khan Avenue, house 79/71, office 304.
www.zakonpravo.kz info@zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 978 57 55.
Suspect: in the interests of AE K
Yin
Turkestan Region, District m, Village N E, zh Street, house 12.
Complaint
Dear Kassym-Jomart Kemelovich,
The reason for our appeal to you is due to injustice and illegality, article 873 of the Code of administrative offenses of the Republic of Kazakhstan provides for the conditions and procedure for proceedings in the case of an administrative offense against a judge, in which a judge may not be detained, forcibly brought, applied administrative penalties in court, without the consent of the president of the Republic of Kazakhstan, based on the conclusion of the Supreme Judicial Council of the Republic of Kazakhstan, or without the consent of the Senate of the Parliament of the Republic of Kazakhstan, established by subparagraph 3) of Article 55 of the Constitution of the Republic of Kazakhstan.
To obtain consent to bringing a judge to administrative responsibility, bringing him to administrative responsibility, which entails the imposition of an administrative penalty in court, the prosecutor general of the Republic of Kazakhstan submits a submission to the president of the Republic of Kazakhstan, and in the case provided for by subparagraph 3) of Article 55 of the Constitution-to the Senate of the Parliament of the Republic of Kazakhstan.
After receiving the decision of the prosecutor general, the president, the Senate of the Parliament of the Republic of Kazakhstan, further proceedings in the case are carried out in accordance with the procedure established by Article 813 of this code. "it says so."
So, the chairman of the interdistrict court for criminal cases of Shymkent Judge A. Orakbaeva noted that the administrative offense was committed by
March 08, 2025 the interdistrict court for criminal cases of the city of Shymkent sent a lawyer's request No. 0803/25 through the application e-application, in which we wrote on May 02, 2019 in relation to judge of the Al-Farabi District Court for criminal cases of the city of Shymkent Sabit Torehanov, defendant Makhamatov Dilmurat Sultanmurtovich No. 5211-00-19-1/195, No. 5299-19-00-1A/151 criminal cases were considered and convicted of illegal missionary activity.
In the case of senior investigator of the Investigation Department of the Police Department of Maktaaral District of the Police Department of the Turkestan region for sharing one of these sermons in the social network of Vatsap, the convicted Makhamatov Dilmurat is investigating a criminal case in relation to ERDR No. 255143031000056 registered with signs of criminal offenses under Article 174 of the Criminal Code of the Republic of Kazakhstan AE Kanatbaevich Yin 861106302013.
During the investigation, E. K. A. was detained on March 2, 2025 in accordance with Article 131 of the Criminal Code of the Republic of Kazakhstan and placed in a temporary detention center of the Police Department of Maktaaral district for intentional actions aimed at inciting social, National, Tribal, racial, family-group or religious discord, insulting national honor and dignity or religious feelings of citizens.
In accordance with Article 99 of the Criminal Code of the Republic of Kazakhstan, participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation, the prosecutor, the judge (court) with a request to establish circumstances relevant in the course of the criminal process, to carry out procedural actions or make procedural decisions to ensure the rights and legitimate interests of the person
In accordance with subparagraph 2), 3), 6) of Paragraph 3 of Article 33 of the law of the Republic of Kazakhstan" on advocacy and legal assistance "in order to provide qualified legal assistance and on the basis of Notification No. 0803/25 dated March 08, 2025:
* May 02, 2019 submission of judicial acts to the Al-Farabi District Court in criminal cases of the city of Shymkent to the defendant Makhamatov Dilmurat Sultanmurtovich for all stages of the criminal case;
* 02 May 2019 e-mail the materials of the criminal case on the criminal case of the Al-Farabi District Court in criminal cases of the city of Shymkent to the defendant Makhamatov Dilmurat Sultanmurtovich info@zakonpravo.kz send, or allow familiarization.
However, in the case of income No. 5241 24-5-17/3019 No. 5211-00-19-1/195 we received the following response in which the court stated that "on your lawyer's request dated 11.03.2025, the main trial in the criminal case against Dilmurat Sultanmuratovich Makhamatov, sentenced to imprisonment by the verdict of the Al-Farabi District Court of Shymkent dated 02.05.2019 in a closed court session we bring to your attention that copies of the documents of the case in connection with the passage are not issued to persons who do not belong to the number of participants in criminal proceedings and are not provided for by criminal law.»
We cannot agree with the answer of the interdistrict Criminal Court of Shymkent, since the answer of any court must be legal and justified, as well as judicial acts. At the same time, if the answer was dismissed, the answer should be given based on the norms of the law, referring to them.
In the response of the interdistrict court for criminal cases of Shymkent, in case of disagreement with this answer, it was obliged to explain by what code or law we can file a complaint, where.
In accordance with Article 29 of the Criminal Code of the Republic of Kazakhstan, restriction of publicity of judicial proceedings is allowed only if it contradicts the interests of protecting state secrets and other secrets protected by law. In order to prevent the disclosure of information about the intimate aspects of the life of persons participating in the case, in cases of criminal offenses of minors, in cases of sexual crimes and other cases, as well as in cases where it is required by the interests of the safety of the victim, witness or other persons participating in the case, as well as their family members or close relatives, a closed trial is allowed by a reasoned Court decision.
At the same time, in Part 3 of this article, only the introductory and resolution parts of the sentence in cases considered at a closed court session are publicly disclosed.
On some issues of application of legislation on judicial power in the Republic of Kazakhstan, in accordance with Part 11 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated May 14, 1998 n 1, judges may be brought to disciplinary responsibility only on the grounds provided for in Article 39 of the constitutional law "on the judicial system and the status of judges.
According to this rule, a gross violation of the law should be understood as a clear and significant violation of the law, committed intentionally or as a result of negligence, negligence or ignorance of the law.
At the same time, in the response of the interdistrict court for criminal cases of Shymkent, the normative resolution of the Supreme Court of the Republic of Kazakhstan dated December 6, 2002 No. 25 on compliance with the principle of publicity of legal proceedings in criminal cases – gross violation of the law is clearly visible and “does what it knows”by the court without compliance with the law.
In accordance with article 668 of the Code of administrative offenses of the Republic of Kazakhstan and Article 435 of the Criminal Code of the Republic of Kazakhstan, obstruction of the legal activities of a lawyer entails liability established by the legislation of the Republic of Kazakhstan.
On the basis of the above and in accordance with the provisions of the law of the Republic of Kazakhstan on advocacy and legal assistance,
I ask you:
* Give a legal assessment of the response of the chairman of the interdistrict Criminal Court of Shymkent A. Orakbaeva to the incoming No. 5241-24-5-17 / 3019;
* Bringing to justice in case of detection of violations of the law in the response of the chairman of the interdistrict court for criminal cases of Shymkent A. Orakbaeva to revenue No. 5241-24-5-17 / 3019;
* Satisfaction of a lawyer's request No. 0803/25, declaring illegal the response of the chairman of the interdistrict Criminal Court of Shymkent A. Orakbaeva to the incoming No. 5241-24-5-17/3019.
With respect,
Lawyer: Sarzhanov Galymzhan Turlybekovich
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