Татуластыру рәсімдерінің құқықтық негіздері
Ғылыми мақала жаңадан қабылданған Азаматық процестік кодекске сәйкес пайда болған жаңа институттардың бірі – татуластыру рәсімдерінің құқықтық реттелу негіздеріне арналған. Осы кодекске сәйкес, мақала азаматтық дауларды шешудегі татуластыру рәсімдерінің: медиация, партисипативтік рәсім, бітімгершілік келісім жасаудың ерекшеліктерін анықтауға бағытталды.
During the years of independence, in the economic and political life of the Republic of Kazakhstan, a number of large-scale measures have been implemented, which laid the foundation for international interests and reputation. The market relations developed more and more and a new financial system was formed in the country. The society has established new relationships between the state and citizens, and there appeared the necessity in adoption of new laws regulating these relations. The Civil Procedure Code of the Republic of Kazakhstan, adopted on October 31, 2015, can be classified as one of the most important laws.
This Law was developed to implement the “Concept of legal policy of the Republic of Kazakhstan for the period 2010-2020”, approved by the Decree of the President of the Republic of Kazakhstan dated August 24, 2009, No. 858 and the tasks set by the President at the VI Congress of Judges of the Republic of Kazakhstan. President of the Republic Nursultan Nazarbayev for the first time in the country held a lawmaking ceremony and said that this measure is connected with the fact that this document is of great importance for the state, for every citizen of Kazakhstan. This will allow people to better understand the meaning of the law. Taking into account the adoption of the existing Civil Procedure Code in 1999, the need to adopt a new Law, which is guided by the ongoing upheavals in society, is considered to be topical. The updated Civil Procedure Code is primarily used in the implementation of the measures outlined in the National Plan of Action, called “100 real steps – a modern state for all: five public reform” and should make a significant contribution to the rule of law in society. The purpose of the new law is to ensure the rights and freedoms of citizens and legal entities of the Republic of Kazakhstan established by the Constitution, the effective protection of the legal interests of the mentioned persons, the procedural effectiveness of the prompt consideration and settlement of civil disputes and the provision of high quality judgments. The new law has maintained modern key legal institutions and introduced new developments and innovations, which are based on international standards, leading Kazakhstani judicial practice to the best world achievements. The state body which has developed the law is the Supreme Court of the Republic of Kazakhstan.
Preparation and adoption of the Code of Civil Procedure was made publicly and publicly in the event of high public activity. Representatives of all the state bodies, public organizations, international organizations interested in preparation of the draft law participated and expressed their views and demands. The Code and the Civil Procedure Code were complemented with new requirements and implemented systematically. The focus is on assisting the settlement of disputes in the form of civil litigation. This law has preserved the importance of ensuring the accessibility of justice, respect for the honor and dignity of the parties involved, the independence of judges, the language of litigation, transparency and legality, equality of rights of parties and other democratic principles. It should be noted that when discussing the main news items publicly available to the public, it should be noted that the rules of the trial stage have been revised, supplemented and optimized in accordance with the public interest. At this stage, the parties will exchange written documents, such as collection of evidence, the appointment of an examination, obtaining relevant evidence and a counterclaim. The Court explains to the parties the obligation to fair use of all their procedural rights without prejudice to the rights of others, deliberately delays their rights and obligations, including the time of consideration of cases. The new law provides for the possibility of extending the time for trial to 15 days and for several months – up to one month. Based on the results of preparing the case for trial, the court holds a preliminary meeting, and at this stage the court is entitled to take decisions on certain categories of cases. It should be kept in mind that one of the key indicators of the effectiveness of justice is compliance with the procedural terms of judicial review and settlement of civil cases.
The procedural law supplements the rules of consideration of civil disputes in the simplified procedure, by solving the order and solving certain categories of cases by written order. In order to implement the above-mentioned National Plan, the new code regulates the procedures for simplifying judicial proceedings to simplify the access of citizens to justice and the introduction of a three-tiered judicial system in the administration of justice. The new three-stage judicial system consists of: the first stage – district (city) and equal to them courts; appellate court – regional and equivalent courts; cassation instance – the Supreme Court of the Republic of Kazakhstan. The law differentiates the duties and powers of each judicial instance in the administration of justice, and establishes procedural terms and procedures for dealing with cases. One of the key innovations was the legal basis for the consideration of disputes arising from investment relations and the procedure for consideration of these disputes by the specialized court of the Supreme Court with the involvement of Nur-Sultan city court and the largest investors, according to the rules of the first instance court. In addition, steps to reduce the prosecutors’ involvement in the trial are considered in the consideration and resolution of civil rights disputes in order to implement the tasks outlined in step 26 of the Nation’s Plan. At present, Kazakhstan’s confidence in the fair judicial system is growing. The large-scale measures being undertaken in the country are aimed at improving the welfare of the population and raising the prestige of the state. The adoption of the updated Code of Civil Procedure of the Republic of Kazakhstan is regarded as one of the fruitful measures of the country’s political and economic development.
The resolution of disputes arising between the state and civil society in a civilized manner, that is, through the authority of the bodies exercising justice, is based on the principles of social development based on democratic principles, the proper protection of the rights and freedoms of citizens and legal entities, are the main indicators of the state’s concern for its citizens. New legislative reforms were successfully implemented in Kazakhstan in different years on the initiative of the head of state N.A. Nazarbayev. This law should become one of the new steps in reforming these reforms.
1. Civil Code of the Republic of Kazakhstan. Chapter 17
2. The Decree of the President of the Republic of Kazakhstan dated August 24, 2009 № 858 “On the Concept of legal policy of the Republic of Kazakhstan for the period 2010-2020” (changes and additions made on January 16, 2014)
3. Materials of the round table “Judicial mediation is a necessary condition for the development of the Institute of Mediation in Kazakhstan”, Almaty, February 2013.
Master of Laws