NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of June 27, 2012 No. 3

About consideration by courts of claims to actions (failure to act) and decisions of the prosecutor, criminal prosecution authorities (Article 106 of the Code of penal procedure of the Republic of Kazakhstan)

For the purpose of ensuring judicial protection of the rights, freedoms and legitimate interests of physical persons and legal entities during pre-judicial production on criminal cases, and also the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES: developments of uniform court practice on consideration of claims to actions (failure to act) and decisions of the prosecutor, criminal prosecution authorities

1. Consideration by courts of claims to the decisions of the prosecutor performed in stage of pre-judicial production on criminal cases of action (failure to act), and also made, criminal prosecution authorities is one of methods of ensuring realization of the right of everyone to judicial protection affirmed in Item 2 of Article 13, Item 1 of article 76 of the Constitution of the Republic of Kazakhstan and in Article 8 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) therefore courts shall provide access to justice, the correct use of the provisions of the law providing the address bases with claims in court and regulating procedure for their consideration.

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