The complaint is about the abuse of office by the court Secretary without performing the work assigned to him

The Department of Judicial Administration 

of the Republic of Kazakhstan

Head of the city of Almaty

E. K. Kozhakhmetov

Almaty, Almaly district, Kazybek bi Street, 66

convicted D Kosaevna Radan

Yin ......

RSU "institution No. 67" UIs of the Ministry

 of internal affairs of the Republic of Kazakhstan

Taraz, Zhambyl STR., 180

complaint.

On February 10, 2025, the Auezovsky District Court of Almaty, with the participation of the arbitrator: judge Ashkeeva R. N., saduakasova A. N. to the secretariat, public prosecutors – prosecutors of the Department of the auezovsky District Prosecutor's office and victims, the defendant D. K. Ra, his defense lawyer G. T. Sarzhanov, used audio and video recording tools in an open main trial, in a general manner:

D Kosaevna considered the criminal case under paragraphs 1),4) of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan.

According to Article 83 of the Criminal Procedure Code: the secretary of the court session is a civil servant who keeps the minutes of the court session, as well as provides audio and video recording of the court session, not interested in the criminal case.

Article 10 of the law of the Republic of Kazakhstan" on civil service of the Republic of Kazakhstan "states that" civil servants are obliged to: 1) comply with the Constitution and legislation of the Republic of Kazakhstan; 4) perform their functions in accordance with their official powers."

However, during the court session, the secretary of the court, A. N. S., abusing his position without doing the work he was obliged to do, at the end of each court session, we warned the secretary, asked to adhere to impartiality, but the secretary ignored our warning, and then approached each victim personally and demanded to write civil claims to those who did not appear at the court session, and then sent a sample civil claim to the chat of victims through the investigator M. Yermek, who conducted an investigation during the preliminary investigation.  

Article 23 of the Criminal Procedure Code of the Republic of Kazakhstan is carried out on the basis of the principle of competitiveness and equality of the prosecution and defense parties.

 The task of proving the guilt of a person in committing a criminal offense and refuting his arguments defending himself is assigned to the criminal prosecution authorities, and in court proceedings – to public and private prosecutors.

On the basis of the above, I demand that the specialist – Secretary of the court session of the Auezovsky District Court of Almaty Sadvakasova A. N. be brought to strict disciplinary responsibility for gross violation of the rules of the legislation of the Republic of Kazakhstan.

                                                                                    D. K. Ra

08.04.2025

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