Criminal Procedural law of the Republic of Kazakhstan

Civil Procedural law of the Republic of Kazakhstan

UNIT 11. THE BASICS OF THE PROCEDURAL LAW OF THE REPUBLIC OF KAZAKHSTAN

11.1 Procedural law: definition and meaning

11.1 Procedural law: definition and meaning

Procedural law, also called adjective law, the law governing the machinery of the courts and the methods by which both the state and the individual (the latter including groups, whether incorporated or not) enforce their rights in the several courts. Procedural law prescribes the means of enforcing rights or providing redress of wrongs and comprises rules about jurisdiction, pleading and practice, evidence, appeal, execution of judgments, representation of counsel, costs, and other matters. Procedural law is commonly contrasted with substantive law, which constitutes the great body of law and defines and regulates legal rights and duties. Thus, whereas substantive law would describe how two people might enter into a contract, procedural law would explain how someone alleging a breach of contract might seek the courts’ help in enforcing the agreement.

To be effective, law must go beyond the determination of the rights and obligations of individuals and collective bodies to say how these rights and obligations can be enforced. Moreover, it must do this in a systematic and formal way, because the failure to do so would render the legal system inefficient, unfair, and biased and, as a result, possibly upset the social peace. Embodying this systematization and formalization, procedural law constitutes the sum total of legal rules designed to ensure the enforcement of rights by means of the courts.

Because procedural law is a means for enforcing substantive rules, there are different kinds of procedural law, corresponding to the various kinds of substantive law. Criminal law is the branch of substantive law dealing with punishment for offenses against the public and has as its corollary criminal procedure, which indicates how the sanctions of criminal law must be applied. Substantive private law, which deals with the relations between private (i.e., nongovernmental) persons, whether individuals or corporate bodies, has as its corollary the rules of civil procedure. Because the object of judicial proceedings is to arrive at the truth by using the best available evidence, there must be procedural laws of evidence to govern the presentation of witnesses, documentation, and physical proof.

Judicial power in the Republic of Kazakhstan belongs only to the Courts in the face of permanent judges, and jurors engaged in the criminal court proceedings in the cases and procedure stipulated by the Law. Justice in the Republic of Kazakhstan shall be administered only by a Court.

Judicial power shall be exercised on behalf of the Republic of Kazakhstan and is intended to protect the rights, freedoms and lawful interests of individuals and organizations, and to ensure the implementation of the Constitution, laws, other regulatory legal acts, and international treaties of the Republic.

Everyone shall be guaranteed with judicial defense against any unlawful decisions and acts of state bodies, organizations, officials and other persons which infringe or restrict the rights, freedoms and lawful interests provided by the Constitution and the Laws of the Republic.

No one may be deprived of the right to have his case considered in compliance with all the requirements of the law and fairness by a competent, independent and impartial court. Judicial power shall be exercised by means of civil and criminal court proceedings and other forms of court proceedings established by the Law.

In the administration of justice, judges shall be independent and subordinate only to the Constitution and the Law. It shall not be allowed to adopt any laws or other regulatory legal acts impairing the status and independence of judges. Any interference in the court's activity concerning administration of justice shall not be allowed and shall entail liability pursuant to the law. Judges shall not be accountable for specific cases. Petitions on court cases filed against the established order legal proceedings, as well as on matters not within the competence of the court, shall be left by the court without consideration or they shall be sent to the appropriate authorities.

Contempt of court or judge shall entail liability stipulated by the law.

Court decisions and demands of judges in exercising their powers shall be binding on all state bodies and their officials, natural persons and legal entities. Failure to execute court decisions and demands of a judge shall entail liability stipulated by the law.

The judicial system of the Republic of Kazakhstan shall consist of the Supreme Court of the Republic of Kazakhstan, local and other courts established in accordance with the Constitution of the Republic of Kazakhstan and this Constitutional Law. The establishment of special and emergency courts under any name shall not be permitted.

The Local Courts shall include:

1) Regional courts and courts equivalent to them (the city court of the Republic's capital, city courts of the cities of Republic's significance);

2) District courts and courts equivalent to them (a city court, inter district court).

Other courts, including the specialized courts (martial, commercial, administrative, juvenile, and others) may be founded in the Republic of Kazakhstan. Specialized courts shall be formed by the President of the Republic of Kazakhstan to the status of the regional or district court.

The Supreme Court of the Republic of Kazakhstan and local courts shall have a seal depicting the State Emblem of the Republic of Kazakhstan and their names.

Дата добавления: 2014-10-17