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The document ceased to be valid since  July 1, 2025 according to Item 17 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of May 29, 2025 No. 1

NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of March 10, 2022 No. 2

About application of the legislation regulating consideration of criminal cases in cassation procedure

For the purpose of uniform and correct application of the current legislation regulating procedure for review in cassation procedure for the court resolutions which took legal effect, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. Explain that according to requirements of Item 3 of article 76 of the Constitution of the Republic of Kazakhstan (further - the Constitution) the sentences and other court orders which took legal effect are binding in the territory of the Republic and according to provisions of the Code of penal procedure of the Republic of Kazakhstan (further – the Code of Criminal Procedure) are subject to immediate execution. In this regard review of the court resolutions which took legal effect on criminal cases shall be performed in exceptional cases, is strict according to provisions Codes of Criminal Procedure and not to interfere with their execution.

Review of the court resolutions which took legal effect on criminal cases is made by judicial board on criminal cases of the Supreme Court of the Republic of Kazakhstan only on protest of the Attorney-General of the Republic of Kazakhstan (further – the Attorney-General), to representation of the chairman regional or equated to it vessels brought according to the procedure of part three of article 446 Code of Criminal Procedure or according to petitions of persons specified in part one of article 486 Code of Criminal Procedure, the resolution of three judges of the Supreme Court of the Republic of Kazakhstan transferred to cassation instance (further – judges of the Supreme Court).

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