07.12.2009
On December, 7-8th in Berlin there passes the international conference «the Concept of a legal policy of Republic Kazakhstan 2010-2020: a sustainable development in sphere of legal and judicial reform». The delegation of the Kazakhstan judges led by the Chairman of the Supreme Court of Kazakhstan Musabek Alimbekov takes part in discussion of the general questions of reforming of judicial system, the further perfection of the civil, administrative legislation, ways of the further interaction with the German society on technical cooperation (GTZ), with whose help and there was possible a carrying out of so scale action.
This event is unique that for the first time the Kazakhstan program document is discussed abroad. At opening of a forum with a salutatory word Igor Rogov, the chairman of Constitutional Council RK, the Ambassador of Kazakhstan in Germany Nurlan Onzhanov have acted other Chirbod Aminlary, project head GTZ «Support of legal judicial reform in the countries of the Central Asia». Musabek Alimbekov, welcoming participants of a meeting, has noticed, that the forum grows out of fruitful cooperation of the Supreme Court of Republic Kazakhstan with the German society on technical cooperation. He has thanked the German colleagues for their contribution to development of programs of judicial formation and, as a whole, in perfection of judicial system of Kazakhstan.
Conference work passes on five sessions. During the first session for discussion the general questions of legal and judicial reform in Republic Kazakhstan have been taken out. Igor Rogov in the report has concerned the basic directions of the Concept of a legal policy. The chairman of Committee on the legislation and legal questions of the Senate of Parliament RK Berik Imashev has acted with the report «About perfection of system of law enforcement bodies of republic Kazakhstan». The first assistant to general public prosecutor RK Johann Merkel has stopped on prospects of public prosecutor's supervision in a context of positions of the Concept.
The chairman of Supreme Court Musabek Alimbekov has told about prospects of development of judicial system of Kazakhstan in the light of the Concept of a legal policy. He has noticed that as a result of realization of positions of the Concept of 2002 and reforms, the judicial power has proved as the stabilizing factor, capable to protect the right and freedom of the person, to save a society from social conflicts. The basic vector of the further development of judicial-legal system deepening and expansion of specialization of courts and judges, a wide circulation of reconciliatory procedures and mediation sees. The lecturer has given special attention to a question of perfection of administrative justice. He has noticed, that is necessary to accelerate acceptance of the separate Is administrative-remedial code. The new high-grade legislation should promote creation of administrative courts of the new formation; capable is effective to provide complete protection of the rights of citizens and the organization in relations with machinery of state. Also the head of the higher judicial body of Kazakhstan has noted necessity of carrying out of full audit of the civil-remedial legislation to release judges of republic from performance of functions unusual for them, the technical work occupying, according to research, to 66 % of working hours.
Improvement of laws should strengthen their ability of modeling of public relations towards prosperity and well-being of citizens, - M.Alimbekov has noticed. - It is necessary to eliminate legislatively the slightest openings in the law, giving legalized bases, a fertile field for abusing. The laws regulating a liability law, the corporate legislation and the legislation about false enterprise require improvement.
The head of the Supreme Court has not avoided also questions of the criminally-remedial legislation. «It is necessary to develop essentially new approach in CLC to participation of the defender in criminal legal proceedings, to raise level of protection of the rights accused, to make legal proceedings by more professional, access to justice guaranteed», - he has noted. And also has suggested expanding essentially powers of the lawyer at a stage of pre-judicial investigation, to pay attention to improvement of the mechanism the mechanism of maintenance of the rights of the victim on compensation of the caused damage and indemnification of moral harm.
The justice area in Kazakhstan is in constant process of perfection, - M.Alimbekov summarized. - And the important help in it we receive through such unique possibility, as studying of experience of foreign courts. It is assured, that more a close acquaintance with judicial system of the European countries, including, Germany, not only our knowledge will expand, but also will enrich with ideas, - has finished the report the head of the Supreme Court.
