Astana. 12th of February. KazTAG - President Kasym-Zhomart Tokaev Kazakhstan held a meeting on the modernization of the judicial system, the Akord reports.
"Kasim-Zhomart Tokayev in his speech noted that the state, despite the pandemic, continues to modernize the judicial system. Conducted reforms should mobilize new qualified specialists in the industry and ensure fair justice. Such measures are undertaken primarily to strengthen society confidence in the courts. In turn, the courts and judicial procedures must meet modern requirements and protect the rights of citizens, business and investors, "the report says on Friday.
Now, according to the president, it is necessary to ensure the real implementation of these new standards and eradicate bureaucracy in the activities of ships.
"The Chairman of the Supreme Court repeatedly reported to me that judges at the same conditions often make different decisions. Such dubious cases can not be allowed. This causes a negative reaction in society, the information is distributed that all courts are corrupt. To ensure uniformity of judicial practice, it is widely and more efficient to use the possibilities of regulatory decrees of the Supreme Court and judicial reviews. You should also use IT-service analysis. Courts during the criminal procedure should not look at the investigating authorities. The conviction cannot be submitted if the public prosecutor does not prove the guilt of the defendant in court. Obviously, with the principle of judges, pre-trial investigations will be carried out qualitatively. And the rights of citizens who were subject to criminal prosecution will certainly be protected, "the head of state emphasized.
Tokayev reminded the participants of the meeting that there is a person in the center of all reforms. Therefore, judicial procedures should be understood to everyone.
As clarified, a human-oriented approach should be based on the activities of administrative justice implemented from July 1, 2021. As a result, the system of work of the state apparatus with citizens should be changed. A key role in the success of the reform is allocated by the professionalism of the judges.
"In last year's message I charged to make the process of selection of new judges transparent and open. Citizens have the right to know who and for what merits is becoming a judge. This question must be solved without delay. The most important task of the Supreme Judicial Council is the prompt provision of courts with highly qualified personnel. At the same time, the Supreme Court must be analyzed by the reasons for the flow of personnel. The judicial profession should attract strong lawyers, "the president believes.
The head of state called corruption by one of the main factors undermining confidence in the judicial system. Only over the past five years due to corruption, 17 representatives of the benemis are involved. A wide public resonance caused corruption facts in the Turkestan Regional Court, where the Chairman of the Board and the Judge of the regional court were convicted.
"The blatant case occurred the other day. The judge of the Supreme Court is detained with a 30-year experience, a former member of the Higher Judicial Council, as well as the judge of the district court. This incident is known to everyone, he received a wide negative resonance. I think that the leadership of the Supreme Judicial Council and the Supreme Court must extract the necessary lessons and make the necessary conclusions. Over the past five years, in the decision of the judicial jury, 29 judges are exempt from posts for committing disciplinary misconduct. In general, it is clear that there is an active cleansing of the judicial series. This process cannot be stopped in any way. We need to change the negative image of the judge in the ideas of people. All femis ministers should become the embodiment of legality, integrity and professionalism. Only, we can build a legal state and a fair society, "said Tokayev.
The president also affected the problem of the interaction of civil servants and entrepreneurs.
"I believe that illegal interference in business affairs by the state apparatus and all other persons who caused serious damage to entrepreneurs should be equated with a grave crime. It is necessary to issue it in urgently, "said the head of state.
The President commented on the speech at the meeting of the Commissioner for the Protection of Entrepreneurs' Rights.
"It seems that there is a major labyrinth, as you say," running with obstacles "in terms of proceedings and promotion of business interests. This, too, must be understood in practical terms, and from the point of view of the legislative initiative. I give a corresponding order. As for specific issues related to arbitration, attracting an expert community, I think these proposals deserve the most close attention. After they are reviewed by the relevant government agencies and the government, it is necessary to fully make specific decisions in urgency, "the Tokayev instructed.
The head of state spoke about the suggestion of the Supreme Court on the implementation of the principle of extraterritorial jurisdiction. The essence of this idea is that for consideration of disputes, a special IT program will be littered with a less loaded court, regardless of its territorial location. In other words, a situation will be possible when the plaintiff and the defendant will be in one region, and the court - in another, but for this it should be the consent of the parties.
"Obviously, it will become an effective tool against corruption and evenly distribute the burden on the courts throughout the country. The idea was born not from scratch. The work of the courts during the pandemic period showed certain advantages of remote consideration. This is a considerable time savings and resources for the participants of the court proceedings. In general, the offer on extraterritorial jurisdiction is relevant, but requires deep study. It is necessary to calculate all the details, take into account all the risks, "the president believes.
Tokayev also stopped in detail on the issue of using new judicial IT services. According to him, the courts are obliged to apply all the achievements of modern technologies, conservative approaches are inappropriate here. It is necessary to continue to keep up with the times, actively introducing demanded technological solutions.
"The proposed IT services will make an integrated knowledge base. In particular, referring to her, the judge will be able to see the decisions of colleagues on similar cases. This will avoid the adoption of an incorrect judicial act. The advantages of IT technologies should feel and participants in the process that initially important to understand the likelihood of the outcome of their case. To do this, open access to the IT services of the judicial system to all interested parties. This is a really challenging task, it is necessary to approach absolutely rationally, as they say, with the mind. Of course, with compliance with the confidentiality of information, "said the head of state.
The President instructed to work in detail the new judicial IT service, which contains elements of artificial intelligence. Based on the entered large array of judicial acts, he will be able to predict the likely outcome of the case. It is necessary to take into account the risk associated with the fact that the wrong judicial practice will provoke an incorrect forecast.
"With an effective judicial system in society, the rule of law is reliably enshrined. Reforms are successfully held. This has a positive effect on the well-being and security of our citizens. Therefore, the modernization of the judicial system will continue. The Kazakhstan society is waiting for cardinal positive changes in the forensic sphere, "summed up Tokayev.
During the event, the Chairman of the Supreme Court of Zhakip Asanov, authorized to protect the rights of entrepreneurs in Kazakhstan Rustem Zhurssun.
Before the meeting, the President was familiarized with the information systems and new IT services that the Supreme Court began to use in their activities.