THE ORDER OF THE HEAD OF DEPARTMENT ON ENSURING ACTIVITY OF THE COURTS UNDER THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN (THE OFFICE OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN)

of June 7, 2018 No. 6001-18-7-6/185

About approval of Rules of technical application of means of video conferencing

According to Article 370 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014, article 767 of the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014, I ORDER:

1. Approve the enclosed Rules of technical application of means of video conferencing.

2. To provide to department of organization-legal ensuring activities of local courts and offices of Department of ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in printing and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Supreme Court of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising deputy manager of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan).

4. This order becomes effective after day of its first official publication.

It is approved Minister of Internal Affairs of the Republic of Kazakhstan June 13, 2018

____________ K. Kasymov

Approved by the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of June 7, 2018 with No. 6001-18-7-6/185

Rules of technical application of means of video conferencing

Chapter 1. General provisions

1. These rules of technical application of means of video conferencing are developed according to Article 370 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure), article 767 of the Code of the Republic of Kazakhstan about administrative offenses and determine procedure for technical application of means of video conferencing.

2. In Rules the following basic concepts are used:

1) video conferencing - service of communication with use of information and communication technologies for interactive interaction of several removed subscribers in real time with possibility of exchange of audio-and video information;

2) the coordinator of system of video conferencing of Judicial administration - the employee of the relevant structural division of Judicial administration of the Republic of Kazakhstan determined by the head of Judicial administration for coordination of system operation of video conferencing in courts;

3) the coordinator of system of video conferencing of department of Judicial administration - the employee of department of Judicial administration of the Republic of Kazakhstan determined by the head of department of Judicial administration for coordination of system operation of video conferencing in Trial and Appeal Courts;

4) the technical specialist - person who according to the agreement performs technical maintenance of system of video conferencing in courts.

3. Information on legal procedures using means of video conferencing (with indication of the name of court, number of courtroom, date and time of judicial session, data on operability of system of video conferencing) is placed the court session secretary in the automated information and analytical system of judicial authorities of the Republic of Kazakhstan.

4. The procedure for storage and destruction of video of judicial session is performed according to Rules of technical application of means audio-, the videos providing fixation of the course of judicial session, storage and destruction audio-, videos, access to audio-, videos approved by the order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) (No. 12457) is registered in the Ministry of Justice of the Republic of Kazakhstan on December 22, 2015.

5. Information security in case of application of means of video conferencing is ensured according to the Law of the Republic of Kazakhstan "About informatization".

6. Ensuring information security in case of application of means of video conferencing is assigned to persons responsible for the organization of judicial session and technical specialists.

Chapter 2. Members of the organization of carrying out video conferencing

7. Members of the organization and carrying out video conferencing are:

1) from court:

chairman;

judge;

court session secretary;

bailiff;

coordinator of system of video conferencing of Judicial administration / department of Judicial administration;

technical specialist;

2) from organization of authorized body of criminal and executive (penitentiary) system (the investigative insulator / organization):

responsible of the investigative insulator / organization;

technical specialist;

3) other participants:

persons participating in case and the other persons participating in judicial session.

8. Organizational and administrative actions, actions of the initial stage, maintenance of process and completion of video conferencing are carried out by the court session secretary.

9. Organizational and technical operations are performed by the technical specialist.

Chapter 3. Procedure for technical application of means of video conferencing

10. Carrying out judicial session with use of means of video conferencing is performed on own initiative vessels or according to the petition of person participating in case or other participant of legal procedure and if technically possible implementation of video conferencing in the court considering case and in court, specified in the petition as organizing video conferencing or in the pre-trial detention center or correctional facility.

11. Date and time of carrying out judicial session using means of video conferencing in Trial and Appeal Courts is approved with the coordinator of system of video conferencing of department of Judicial administration.

12. Date and time of carrying out judicial session using means of video conferencing in cassation instance is approved with the coordinator of system of video conferencing of Judicial administration.

13. In case of adoption by the judge of the decision on carrying out judicial session using means of video conferencing, the court session secretary by means of internal information system no later than the next day sends to the technical specialist the request about need of holding test session which is held not later than days before date of the appointed judicial session with the relevant court or with the investigative insulator / organization.

Then the court session secretary sends the letter to the investigative isolation center / organization or to court, on territoriality where there is person who declared the petition for acceptance of organizational measures for carrying out judicial session using means of video conferencing.

14. The technical specialist provides permanent operability of the equipment for carrying out video conferencing.

15. In 20-30 minutes prior to the judicial session held by application of means of video conferencing, the court session secretary establishes connection with the court performing the organization of video conferencing or with the investigative insulator / organization.

16. In case of failure detection of the equipment or lack of connection with court the court session secretary without delay reports about it to the technical specialist who takes measures to defect elimination.

17. In case of impossibility of elimination of technical defect by the technical specialist or impossibility of carrying out judicial session using means of video conferencing for other reasons, the court session secretary without delay informs on it the court performing the organization of video conferencing or the investigative insulator / organization and the participant of process by means of mobile video conferencing.

18. In case of impossibility of elimination of technical defect, delay of the beginning of judicial session for technical or other reasons, the court session secretary draws up the statement of lack of technical capability (in any form) which is signed by the head Administratora of the district and equated to it court, the court session secretary and the technical specialist. The act of lack of technical capability of application of means of video conferencing joins case papers.

19. In due time carrying out judicial session using means of video conferencing the court session secretary or the bailiff invites persons participating in case in courtroom.

20. The court performing the organization of video conferencing of judicial session or the investigative insulator / organization checks appearance and identifies the personality of persons which were in judicial session and also participants of process by means of mobile video conferencing, checks their powers and finds out question of possibility of their participation in judicial session.

21. About use in judicial session of system of video conferencing, mobile video conferencing in the protocol of judicial session the corresponding mark is made.

22. If during judicial session there is communication quality degradation interfering the normal course of meeting, the chairman on case announces break for technical reasons. In that case the court session secretary interrupts session of video conferencing and again unites to the relevant court and to the participant of judicial session by means of video conferencing.

23. In case of adjournment of legal proceedings or the announcement of break in judicial session (including at the initiative of court) the judge considering case finds out opinion of the parties on method of their participation in judicial session by means of the available means of communication: by appearance in the court considering case or using means of video conferencing.

If the applicant of the petition is present at judicial session in which the decision on adjournment of legal proceedings or the announcement of break in judicial session is made, the petition can be declared in oral form.

The petition in this case is allowed by the court considering case, as a rule, in judicial session with approval of date and time of the court providing video conferencing.

24. In case of origin in the investigative insulator / organization of the interfering situations (mass riots, group disobedience of convicts, escape, taking of the hostage), in cases of natural disaster, introduction around dislocation of organization of emergency, special or warlike situation, carrying out video conferencing stops.

Chapter 4. Application of means of video conferencing in case of interrogation

25. Remote interrogation is made with observance of the requirements provided by articles 213, of 369 and 370 Codes of Criminal Procedure.

26. Interrogation of the victim, witness is made using means of video conferencing with their challenge in court of that area (area) in the territory of which it is or lives.

27. Remote interrogation is made in cases:

1) impossibility of direct arrival of person in the body conducting criminal procedure for the place of investigation (consideration) of criminal case for health reasons or to other reasonable excuses;

2) need of safety of person;

3) conducting interrogation of the juvenile or minor witness, victim;

4) need of ensuring compliance with terms of pre-judicial investigation, judicial review of case.

 

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