of December 19, 2003 No. 11
About practice of pronouncement of private resolutions by courts on criminal cases
The analysis of practice of pronouncement of private resolutions by courts of the republic showed that along with establishment of the reasons and conditions promoting making of offenses they exert positive impact on enhancement of activities of bodies of inquiry and preliminary inquiry, public prosecutor's supervision and court practice, and also on forming at citizens of respect for the right.
For the purpose of development of uniform practice of pronouncement of private resolutions plenary session of the Supreme Court of the Republic of Kazakhstan
decides:
1. Courts by consideration of criminal cases should consider that according to part 2 of Article 8 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure), the procedure for production established by the law on criminal cases shall provide protection against insubstantial accusation and condemnation, against illegal restriction of rights and freedoms of man and citizen, to promote strengthening of legality and law and order, the prevention of crimes, forming of respect for the right.
In this regard private resolutions of courts shall serve as the efficient instrument of respecting the rule of law, recognition of primacy and inherence of human rights and freedoms, preventions of crimes and other offenses, opening and remedial action in activities of state bodies, officials and business entities.
2. Courts should not leave without due reaction of violation of the regulations of the procedural law allowed by bodies of inquiry, investigation, prosecutors, which entailed infringement of constitutional rights and legitimate interests of citizens. In such cases courts should issue private decrees with indication of the specific officials who allowed them.
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