Amendments and additions to the RoK Constitutional Law No. 559-IV ЗРК dated 16th February 2012 “On Judicial System and Status of Judges of the RoK”, as well as to the RoK Civil Procedure Code. .

Constitutional Law of the Republic of Kazakhstan (the RoK) No. 559-IV ЗРК dated 16th February 2012 “On Entering Amendments and Additions to the RoK Constitutional Law “On Judicial System and Status of Judges of the RoK” has altered the mentioned Constitutional Law.

The most major changes shall become effective on July 1, 2012.

 

In particular, the structure of the Regional Court has been changed. Thus, at the legislative level, the structure (bodies) of the Regional Court has been approved, namely:

1) plenary meeting,

2) the appellate panel of judges in civil and administrative cases;

3) the appellate panel of judges on criminal cases;

4) the cassation panel of judges.

The appellate panel of judges shall be headed by the Chairman, appointed in accordance with the procedures established by the present Constitutional Law.

 

The cassation panel of judges shall be headed by the Chairman of the Regional Court, appointed in accordance with the procedures established by the present Constitutional Law. Previously, this issue was not regulated at the legislative level.

 

The amendments introduced the obligation for the Chairman of the Regional Court – to take the chair during the cassation panel of judges. Earlier such chair was the right of a Chairman.

 

Please pay attention to those changes that may be useful in case of applying to a court, which had been entered to the RoK Civil Procedure Code and also become effective on July 1, 2012.

 

There have been expanded the ways that can be used for judicial summons and calls. From July 1, 2012, the court shall be entitled to call persons involved in a case, witnesses, experts, specialists and translators also through short text messages by mobile or e-mail.

 

The entry into legal force of judicial acts of the appellate instance shall be implemented from the date of their publication. Also, a significant event was the fact that court of the appellate instance cannot annul the judgment of a court of the first instance and refer the case for new reconsideration. Not less important is the fact that there has been increased time limit for filing a cassation appeal or protest, up to six months from the date of entry into legal force of a decree, resolution, judgement or decision of the court of the appellate instance.

 

To sum up innovations, we can say that the above changes are intended to exclude the red-tape in courts and ensure prompt consideration of cases. However, to talk about how these rules will work out in practice, is premature. We intend to have an eye out for the judicial practice in order to identify their advantages and disadvantages.