CC BY
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Section 15. Science of law
Alimkulov Erbol Temyrhanovich, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law E-mail: [email protected] Zakirova Meruert, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law
Ilyasova Bakytkul Kuanyshkizi, Kazakh National Pedagogical University named after Abai, candidate of jurisprudence, the Institute of Law and Economics
E-mail: [email protected]
Significance and importance of appeal stage in criminal process
Abstract: The main purpose of the research is to consider problems of protection rights and interests of parties to the court of appeal by making a complaint against judicial decision of the court of original jurisdiction, which has not yet become effective in law, declare the importance of court of appeal judgments for the investigator, prosecutor, judge. To found (figure out) the mainly judge jobs in the president’s massage of Republic of Kazakhstan the leader of nation our country N. A. Nazarbayev “Kazakhstan strategy-2050”: new politic course ofwealthy government.This article describes the latest changes in criminal cases at the appeal stage.
Keywords: instance, appeal, prosecutor, judge, investigator, inquirer, judicial practice.
In article 13 of the Constitution of the Republic of Kazakhstan is written: “Everyone has the right to recognition before the law and has the right to defend their rights and freedoms by all means not contradicting the law including self-defense. Everyone has the right to judicial protection of their rights and freedoms. Everyone has the right to qualified legal assistance” [1].
In his message to the people of Kazakhstan, December 14, 2012 « Strategy “Kazakhstan-2050” new political course held state» President of Kazakhstan Nursultan Nazarbayev said: “The most important issue of legal policy is to implement citizens’ right to judicial protection, which is guaranteed by the Constitution. For this is necessary to simplify the administration ofjustice, to save it from excessive bureaucratic procedures. With the active introduction of new information technologies make it easy. At the same time, in order to discharge the courts should continue the development of institutions of extra-judicial settlement of disputes. Necessary to provide a mechanism by which the resolution of disputes on minor issues will be conducted out of court. Authority of the judiciary is undermined because ofthe execution ofcourt decisions. In this regard should be taken to remedy this situation radically” [2].
In paragraph 7 of Article 3 of the Criminal Procedure Code of the Republic of Kazakhstan shows the position of judge appellate court thus: “the appellate court — the court hearing the case on the merits on appeals (protests) to not become enforceable sentences, court of first instance” [3].
Code of Criminal Procedure explains the appeal process as the Revised not entered into force judgments and sentences. Entry into force of the sentence means the administration of the court decision for execution. In other words, from this point on will state court considered mandatory for all citizens,
legal entities, government bodies in the Republic of Kazakhstan in connection with legal force equal to the statute.
In order to identify and eliminate errors Court Code of Criminal Procedure establishes the right of any authorized subject to appeal and filing a claim for a period of 15 days. According to this, the institute bringing appeals and complaints against judicial decisions and judgments is an effective way to test judgments, provides law and justice exercise of judicial power.
Investigative and judicial practice shows that the value of Appeal judgments and sentences as a procedural means to safeguard the rule of law in criminal proceedings is not limited to the specific cases in which they are given.
Persons who carried out the inquiry, investigators, judges who participated in the investigation of a criminal case in which the appeal issued a decree or judgment, take into account the provisions contained therein in their subsequent practice. In addition, the statutes and judgments of the court of second instance are studied by many judges, prosecutors, investigators, and not just those directly investigating a specific case or decided on its merits. Because of this, the appellate decisions and sentences are important for the prevention of violations of the law in the investigation and resolution of criminal cases.
Appellate decisions and sentences are to the judicial and investigative practice instructive value that strengthens the role of the appeal proceedings as a guarantee of legality in criminal proceedings. At the same time it increases the demands on the appellate rulings and verdicts, which must be lawful, reasonable, motivated.
The essence of the appeals process — to verify the legality, validity and no reason to final judgment and other decisions by the highest court of a new trial. As stated in the Law
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Legal basis of the customs union
of the Russian Federation on the appeals process, in order to implement the appellate review is to strengthen the legal guarantee of the individual and preclude the entry into force of an unlawful decision [4].
Above indicate that the actions of actors on presentation of complaints and claims for judicial decisions are proceedings generating processes at appropriate stages. Here are the process — checking the decisions made in the previous instance.
Instructive value appellate rulings and verdicts does not mean that their value like a judicial precedent. In Kazakhstan, the judge in the administration of justice are independent and subject only to the law. The analysis of the law and the evidence contained therein instructions, decisions and judgments of higher courts contribute to the deepening of theoretical knowledge of investigators and judges, a correct understanding of the law, and help them acquire practical skills in the application of the rule of law, actively contribute to the formation of justice judges, prosecutors, investigators. It is on this basis and in this way the courts of second instance contribute to the proper resolution of criminal cases as those who do not come to the stage of the appeal proceedings.
In general, one of the most significant changes in the appeal process — the court of appeal in the case of finding errors in the decision of the trial court makes the right decision by not returning the case. This means that the appeal process is an effective way to test the judgments and making fair decisions and to protect the rights and freedoms of citizens.
In order to fulfill the constitutional position of freedom appeals lawsuits, judgments on the basis of equality law gives equal rights to file complaints and claims. The parties were able to express their opinions and objections regarding the complain and claim documents to supplement the first instance additional material not previously considered in court. If the deadline for the submission of complaints and claims for the right reasons lost, guaranteed his recovery.
Thus, the revision of judgments and sentences have not entered into force — special stage of the criminal process, whose main objective is to protect citizens and society from miscarriages of justice, to ensure compliance with the law by all parties to the criminal legal relations, to ensure a fair, humane and democratic administration of justice [5].
References:
1. The Constitution of the Republic of Kazakhstan on August 30, 1995.
2. Address of the President of the Republic of Kazakhstan - Leader of the Nation N. A. Nazarbayev to the people of Kazakhstan «Strategy “Kazakhstan-2050" new political course held state» from December 14, 2012.
3. Ugolovno Procedure Code of the Republic of Kazakhstan dated December 13, 1997.
4. Kryazhevskih O. V Some controversial issues of the courts of second instance.//Bulletin of Moscow University. -2005. - № 1. - S. 93-94.
5. Kanafin D. K. Appeal proceedings in the criminal process the Republic of Kazakhstan. - A., 2002. - Р. 3.
Kyzhyrova Ulpan Zhanbaiqyzy, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law
Baysalov Aly Dzhumamuratovich, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law E-mail: [email protected]
Ilyasova Bakytkul Kuanyshkizi, Kazakh National Pedagogical University named after Abai, candidate of jurisprudence, the Institute of Law and Economics
Legal basis of the customs union
Abstract: legal frameworks of creation of customs union are examined in this article.
Keywords: Customs Union, Customs Code, documents, the Commission of the Customs Union.
The Customs Union means that two or more regions re- trading zones have used duties and other restrictive measures
placed the customs of the region. The area between the trade regulating the trade.
union duties and other restrictive measures regulating trade, Participating countries of the Customs Union:
or at least not from this area. As a result shall not apply to 1. Kazakhstan — from July 1, 2010;
trade in goods; each member of Union which is not part of 2. Russia — from July 1, 2010;
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