On the implementation of the 26 steps of the National Plan " 100 steps to implement Five institutional reforms of the Head of state"»

The Civil procedure code, which came into force on January 1, 2016, is aimed at increasing the activity of the parties in the process of protecting their rights, strengthening the role of such principles of civil proceedings as adversarial nature and equality of the parties.

In the development of the idea "100 steps to implement Five institutional reforms of the Head of state", it is planned to reduce the participation of the Prosecutor in the civil process of the 26th step of The national Plan "100 steps to implement Five institutional reforms of the Head of state".

Reasons why the Prosecutor is currently participating in civil proceedings:

- development of opportunities for judicial protection, its accessibility and increasing the confidence of citizens in the judiciary;

- expansion of pre-trial dispute settlement;

- detailed regulation of conciliation procedures, including through the conclusion of agreements on dispute settlement through mediation and settlement agreements;

- introduction and application of modern technologies (audio-video recording of all court sessions, electronic court proceedings, extensive use of the Court office, access to the database of judicial acts, etc.).

Together, the above reasons simplify legal proceedings, eliminate bureaucratic barriers and open up access to justice for everyone.

But at present, there is a need for the Prosecutor to participate in civil proceedings.

We are talking about cases when a person for objective reasons can not independently protect their rights and legitimate interests. These disabled people, pensioners, and minors left without parental care cannot fully protect their rights in civil proceedings due to their physical and mental capabilities.

A Prosecutor is necessary both in cases where the interests of society, the rights and interests of an indefinite circle of persons are at stake, and if, for example, there is no universal payment of wages to employees.

Finally, the Prosecutor is necessary for the protection of the state itself, since the representation of its interests in court is The constitutional function of the Prosecutor. These include issues of national security (public, economic, informational, environmental, etc.), collecting money from the state budget or imposing obligations on the state, etc.

To date, the participation of transport prosecutors in civil courts is minimized and reduced from year to year.Prosecutors do not interfere in economic, labor, housing disputes, disputes about compensation for harm and material damage.Participants in the process are given the opportunity to independently access the protection of their rights in the courts without the intervention of the Prosecutor.

If you look at the statistics, from 2014 to the present, the participation of the Prosecutor has decreased three times.

This allowed us to focus our attention on protecting the economic interests of the state and this year more than 5 billion us dollars. expenditures of the state budget in the amount of more than 5 billion tenge.

The Prosecutor General's office continues to systematically reduce the participation of prosecutors in court in cases where their participation is unnecessary and impractical due to the growth of legal literacy of citizens as a higher Prosecutor's office and their increased confidence in the judiciary.

In this regard, we believe that the 26 steps of the National Plan "100 steps" are effectively implemented taking into account current trends and ongoing changes in the country's legal system.

 

 

Press service

Main transport

Prosecutor's office of Kazakhstan