Amendments to the Constitutional Law “On the Judicial System and the Status of Judges of the Republic of Kazakhstan” and the draft law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Improving Procedural Legislation and Reforming the Judicial System” were approved in the first reading in the Senate, Daryo correspondent reports.
‘Currently, law enforcement agencies own their own leverage over judges. They may conduct special investigative measures without criminal proceedings against any judge. All you have to do is get the approval of the district attorney to bug the judge and get any intel on him. The courts often have to choose between formally taking a legal decision or siding with people whose rights have been violated in various circumstances. As President Tokayev said, the new Kazakhstan must become a territory of justice. This requires following not only the letter but also the spirit of the law. Laws should solve the urgent problems of citizens. We propose to include justice among the tasks of civil procedure as well as legality, Senate member Andrei Lukin told Daryo.
To guarantee a full, comprehensive, and objective trial, the role of the appellate instance will be strengthened. The senators believe that the appellate courts have taken decisions without first instance. Such a mechanism would reduce the number of judicial errors and improve the quality of judicial acts. It will also ensure the uniformity of court practice and enable the speedy restoration of the rights of citizens and entrepreneurs.
Credits: Svetlana Shesternyova, Almaty