The program of further modernization of the law enforcement system was actively discussed by professionals and the general public.

The policy document “Strategy “Kazakhstan -2050”, which outlines the key principles of the new policy, the head of state called the right of citizens to judicial protection, which is guaranteed by the Constitution among the most important priorities. As it was stated in the document, it is necessary to simplify the administration of justice, to save him from unnecessary bureaucratic procedures. Active introduction of new information technologies makes it easy. Specialists in practice have good understanding that meeting this requirement is fundamentally and conceptually, can change the system of criminal justice. Some of the issues of this large process, we will discuss with MUKHAMEDJAN PAKIRDINOV, a veteran of judicial and supervisory systems – the president of the military court of Almaty garrison.

– Mukhamedzhan Ahmediyaevich, the President instructed to draft a program of further modernization of the judicial system by the end of the second quarter of 2013. Should this project be public?

– Of course, now this document is available on the official website of the General Prosecutor’s Office and is open to make a proposal, which will then be considered by the Interdepartmental Expert Working Group. Considering the comments, it has attracted the attention of the public, but it is clear that the main debate is taking place in a professional environment. And I can say that in these discussions, attention is paid to the use of information and communication when collecting evidence base, and when using it in a court.

We are all well aware that it is the demand of time: it is difficult to imagine that in this century, someone will want to write with a quill pen, rejection of audio and video recordings in favor of shorthand will soon be an anachronism. And this is not just a purely technical matter.

Modern equipment is a very effective tool in countering corruption. Questioning and court proceeding recorded on digital media allows us to understand the motivation of a law enforcement officer or a judge when he makes a particular decision and allows you to determine whether a person endowed with the power is guided by law or whether an element of corruption available in his actions.

This is important so that the Head of State gave relevant instructions directly in the Message described as “Strategy “Kazakhstan -2050”, stressing that there is the need to continue the reform of law enforcement and intelligence agencies, as without it we cannot solve “the problem of formation of a “zero tolerance” in the unrest and the eradication of corruption.”

– The judicial system now has a three-tier structure. Does it fulfill the requirements to simplify the administration of justice?

– Of course. Many systemic changes that have occurred since the adoption of the amendments to the “Law on the Judicial System and Status of Judges of the Republic of Kazakhstan” made ​​the judicial system more open and accessible to the public. The first level is the district and equivalent courts, as well as all the specialized courts: military, economic, administrative, juvenile, courts which hear criminal cases of particularly serious crimes.

Consideration of all criminal, civil and administrative cases of first instance refers to their competence. The second level – provincial and equivalent courts, which include two instances: the appeal and the appeal board. The highest court – the Supreme Court, which hears cases in the order of supervision and is developing jurisprudence on certain categories of cases.

– What place in the system do military courts occupy?

– They are specialized and are included in the overall system of courts of the republics. Recent amendments to the aforesaid law also touched them. But it is impossible to say that the process of reorganization of the judicial system is close to completion: the reform of the judicial sphere is continuous due to the continuous development of society itself.

– We can continuously perform a reform of the system, moving toward the ideal, but even here the notorious human factor can put the best thing place in doubt. Recent high-profile court stories are a proof. Do you have a solution to this problem?

– There is a solution – the independence of judges and their strict adherence to the letter of the law. Therefore, one of the main tasks of the judicial and legal reform is strengthening of the independence of judges. We worked a lot in this direction.

Let me remind you that in our country the interference in the judge activity on administration of justice is punishable by law. But we cannot deny the existence of the administrative impact of court presidents on the work of judges of entrusted court. This is partly due to the fact that today the assessment of the chairmen of local courts is associated with the quality of work of subordinated judges.

That is, they have control over the terms of cases, compliance with anti-corruption disciplines, collectively discuss the application of judicial practice, and take adequate measures for the organization of the judicial process. Under certain circumstances, their actions can be regarded as interference in the work of judges in making their decisions on individual cases.

– It is believed that only a very high level of judicial salaries eliminates corrupt thoughts and actions. Is this true?

– As you know, the one who has a million is a pauper in comparison to those who have five of them. Therefore, I do not think that only the wage level appears as the only barrier of corruption. I am convinced that the most effective barrier for this phenomenon may be the strengthening of public control over the activities of public officials and the expansion of publicity. We must use all legal methods and means, including the new information technologies mentioned in the President massage.

Well, if you continue the theme of the salaries of judges of the republic, I believe that today it is sufficient. There are some problems in the social security of judges, and they are well known to the Supreme Court. Currently, SC is taking the necessary steps to resolve them. In my view, it would be wise to restore qualification classes for judges, which were abolished a few years ago. Their assignment would be an incentive measure that would enhance the credibility of the judges in the workforce.

But, be that as it may, let me emphasize: no references to the material and social security can serve as an excuse for the judges in case of malpractice and corruption offenses.

– Recently, one held an extraordinary certification in law enforcement authorities. One has an opinion about the need for a similar procedure for judges. But it raises questions about the criteria: it is possible to know the rules and the letter of the law, but how to assess a person’s predisposition to commit acts of corruption, his honesty, his integrity? We cannot look in the soul when conducting the certification. The knowledge of the law, as we know, is not a guarantee that the law will not be violated…

– It is indeed a fine fabric having more to do with moral and ethical aspects of human beings. We cannot look in the soul. But one also cannot hide it: the reputation is formed over the years. Again, transparency, public supervision, from which one cannot hide everything, can become an informal national certification.

The government also hears the voice of people. The work of judges is maximally opened and transparent and their verdicts are public. Therefore, any illegal decision of judges easily comes to citizens’ notice. It is undeniable that the individual judges violated the law and the Code of Judicial Ethics when working at office and outside it.

These facts become public very quickly and reasonably cause a negative assessment of the population. Therefore, today, the main concern of the courts is the level of public confidence in their operations. And it is right position.

If we talk about the certification of the judges, the decision to hold an extraordinary assessment of law enforcement officers was taken by the President of the country. Judges are not mentioned in the Decree.

Let me explain: in the legal sense, the judges and the judicial system cannot be referred to law enforcement authorities, as the main task of the judges is the administration of justice, which cannot be identified as the struggle against crime. Exclusion of judges from the list of civil servants subject to certification is an evidence of the respect for the judiciary system as for one of the branches of government power, as well as an expression of hope that the system is able to take the necessary measures independently to eliminate violations of the rule of law and strengthen the discipline in their ranks.

Therefore, I believe that currently there is no need for certification of judges, because the Supreme Court is continuously monitoring their activities. In fact, it is an analogue of certification of law enforcement officers.

Alevtina DONSKIKH,
Almaty

Source: Kazpravda.kz