Legal procedure.

Legal proceedings
In jurisprudence there is a division of the law on the substantive and procedural. Substantive rules of law designed to regulate the legal and procedural rules governing the protection of the substantive rules of the violations. Legal procedures regulating jurisdictional, ie, law enforcement process, which is in the form of law enforcement agencies specifically authorized by (the court, prosecution, police, etc.) in cases of crimes and other violations of law or in disagreement, ie, when the subjects of legal relations can not come to an agreement about their rights and responsibilities and go to court.
Procedural law can be defined as a set (system) of law regulating the procedure, a form of jurisdictional law enforcement activities of the competent public authorities of the officials towards the implementation of the norms of the various branches of substantive law.

Law enforcement in procedural law by means of law enforcement. The activities of state bodies and institutions encompasses many areas of public life. A central place in it is the task of ensuring law and order, protection of human rights and freedoms, protection of rights and lawful interests of public and private organizations, labor groups, combating crime and other offenses law enforcement and the rule of law specifically deals with a much smaller range of those that exist solely or mainly for such a role. They are usually called law enforcement authorities, ie bodies, which are designed to protect established by the Constitution of RK, other legislative and legal requirements of the order of life and activities of state and society in general. These areas (functions) should include: constitutional control, justice, organizational support of courts, prosecutor's supervision to identify and investigate crime; legal assistance and defense in criminal cases.

In the field of law enforcement, the courts occupy an important place. Administration of justice or making a decision imposing a sentence, the court shall use rights, sells its powers, intruding into the sphere of rights and responsibilities of citizenship or legal persons.

Civil procedural legislation of the RK
Civil procedural legislation of the RK regulates public relations arising in the administration of justice by the courts in addressing and resolving lawsuits and other cases assigned to their competence, by the imperative-discretionary method.
Civil procedure consists of two parts: General and Special.

Norms of the General Part of Civil Procedure contain the general rules of procedure. These standards are important in determining the order of civil proceedings. These include: civil procedure legislation, objectives and principles of civil procedure, jurisdiction of civil cases, the jurisdiction of civil cases, the court and challenges (rejection), a person involved in the case, representation in court, evidence and proof, court costs, enforcement action; procedural terms, notices and legal challenges, court settlement of property disputes.

By a special section relevant to the particular stage of civil proceedings. These rules govern: proceedings in the court of first instance proceedings in revision of judicial decisions, rules governing the recovery of lost production and proceedings involving the subjects of a foreign law, rules on the execution of judicial decisions.

The current CPC RK provides three types of civil litigation: claim; particular claim, particularly the clerks.

The object of legal regulation of the principles of civil procedure is divided into organizational and operational and functional. Civil procedural legal relationships are divided into main, auxiliary and service and support.

Stages of Civil Procedure.
The criterion for the stages of the civil process is usually singled out the following types of relations: the court of first instance - participants in the process, the appellate court - the participants of the process, the appeal court - participants in the process, the supervisory review court - participants in the process, the lower court - the higher courts.
The subject of civil procedural law - the notion of an abstract. The subject of civil procedural legal - the concept of reality. Civil procedural legal subjects are divided into four groups:

1) The person administering justice - the courts (first instance, appeal, appellate and supervisory jurisdiction, judges, officers of the court (the presiding judge, the Chief Justice, Chairman of the Board of the relevant court, bailiff, the bailiff, court clerk, court clerk);

2) a person involved in the case and the independent claims in the matter in dispute, the third person is not independent claims in the matter of the dispute - the prosecutor, state agencies, local governments, organizations or individuals who come into the process on the grounds specified in Articles 56 and 57 CPC RK;

3) Applicants and other interested parties in cases before the court in the order of special proceedings (Article 289 CPC RK);

4) legal representatives - face to facilitate the administration of justice.

The concept of the process is predetermined by the notion of material legal entities. Hand - this is real or alleged agents of the material relationship. Parties are responsible grounds peculiar to persons involved in the case, namely, have a legal interest in the outcome of the case, act in its own name and to protect their own interests, have the right to perform administrative actions are subject to the impact force of law and judicial decisions (or) has determined that the dismissal of the case, have the statutory scope of procedural rights and obligations.

An important among these features is the availability of legal interest. The specifics of the legal interest of the parties as participants in the disputed material relationship that the parties have the substantive law and procedural bias. Substantive interest is in obtaining or maintaining the benefits, about which the court rules.

Under the procedural interest is to be understood that the outcome of the procedure and the resolution of the case, the attack is expected and is seeking participants in the proceedings by engaging in the process. Procedure for both parties related to the receipt of interest from a court decision that the dispute between the parties will be allowed.

Legal interests of the parties are mutually exclusive and contradictory, because the parties are in dispute about the material rights and legitimate interests.

Dispute on the right (financial disputable legal relationship), the subjects whose hand is in fact, is the subject of litigation. The court, allowing the issue of law between the parties, adjudicate or process is terminated before a determination on the termination of the proceedings in accordance with the will of the parties (in connection with the adoption of nolle prosequi, or with the approval of the settlement agreement). Thus, by making judgments is determined by the behavior (subjective rights and duties) of the former subjects of a civil dispute. Therefore, only the parties subject to the full implications of an enforceable court order.

Procedural and institutional control
The importance of the issues addressed in the legal process requires the full rights of persons involved, the interests of the state and society is impossible without a strong, sustained compliance, enforcement of legal requirements by all stakeholders. These are the tasks directed system of procedural safeguards, ie, special legal means to ensure compliance with the law of all the proceedings, as well as the legality, validity and fairness of decisions.
Procedural safeguards in its unity must ensure the protection of legitimate rights and interests of individual actors and the interests of the state and society in general. However, many safeguards and decide that, and another task (constitutional provision of equality before the law and the courts, the independence of judges and their subordinate only to the law, only the administration of justice by the court, etc.). Others are aimed primarily at protecting the interests of the accused (defendant) - The right to protection, the presumption of innocence, etc. It is also important that the procedural legal relations are bilateral and right on the one hand are always opposed to other duty. Therefore, securing in-law procedural rights of citizens, the State assumes the obligation to ensure their actual implementation. Especially important is the role of procedural controls over the activities of power endowed with law enforcement agencies.

There are several kinds of procedural controls. Of these, the most significant importance is the judicial review. It is implemented in several forms:

1. The court considers the case at first instance (in all four types of legal process) and takes him on a final decision. At the same time checked the legality and validity of previous procedural decisions (for example, the investigator and an indictment in criminal cases, a protocol on violation of administrative procedure, etc.). The result can be accepted not only the decision on the merits (of acquittal, etc.), but also made a private ruling on the violation of law;

2. The court of appeals of various stakeholders and the prosecutor examines the case (criminal, civil, administrative) and detection of violations can also cancel the illegal decision and to make partial definition (resolution). This refers in particular to review cases on appeal supervisory, to consider complaints of violations of the terms for the accused in custody for a court decision and non-judicial bodies to impose administrative penalties, etc. There is a possibility of appeal to the court of citizen misconduct and decisions of public bodies and officials. A significant role in ensuring the rule of law plays a public prosecutor's supervision. Prosecutor's supervision is one of the areas of prosecutorial activities, in particular, Art. 1 of the Law of RK "On Prosecutor's Office," dated 21 December 1995 № 2709 noted that the prosecutor's office on behalf of the state shall supervise the legality of search activity, inquiry and investigation, administrative and executive.

1. Prosecutor supervises the legality of investigative activity of investigation and inquiry in criminal cases. However, his instructions that are given to the investigator or person conducting the inquiry, shall be binding (Article 35.38 of the Law "On Prosecution").

2. He has the right to supervise the production of administrative matters (Article 40 of the Law "On Prosecution").

3. The prosecutor has the right to make complaints about judicial decisions, judgments and definitions of civil, administrative and criminal cases. These protests are considered by higher courts (Article 19 of the Law "On Prosecution").

Has a definite value and institutional control. As an example we can point to the control of the superior authority of the Interior (police) the activities of those conducting the inquiry and lead production on administrative matters, as well as the verification authority of the Chief of Investigation Department with respect to the investigators. The peculiarity of the different control of other participants in the process of the actions of carrying out law enforcement. These bodies and their officials in cases specified by law obliged to explain to other people involved in the process of their rights: a detainee - in detention, the accused - when charged, convicted, after sentencing, and other participants of the process of explaining their right to appeal decisions and order their appeal. This can be done, particularly when read out of court decisions, except for those few occasions when they are final and not subject to appeal (for example, the Constitutional Council of RK). This provides an opportunity for all interested parties adequately protect their rights, including, as mentioned above, and the courts.

Preventive measures
Depending on the nature of the crime, the behavior of the suspect, accused, there are various preventive measures.
Preventive measures are:
1) under house arrest and appropriate behavior;
2)a personal guarantee;
3) transfer of military command under the supervision of a military unit;
4) The return of a juvenile under supervision;
5)security;
6)House arrest;
7)arrest.

Under house arrest and proper conduct is to take away from the suspect, accused the body conducting the criminal process, a written commitment not to leave a permanent or temporary residence permit without an investigator or a court, not to hinder the investigation and hearing by the court at the appointed time to be challenges authority conducting the criminal process.

Personal guarantee is to take over the trust faces a written commitment that they vouch for the proper conduct of the suspect or accused and their appearance when summoned by conducting the criminal process. The number of guarantors can not be less than two. Election as a preventive measure personal guarantee is permissible only upon the written request of the guarantors and the consent of the person against whom is given bail. Surety provides surety of personal subscriptions, in which he confirms that he explained the essence of the charges the person against whom he makes bail, vicarious liability, which consists in imposing monetary penalties on him in case of a suspect, accused of Action, which is used to prevent this measure restraint. Guarantor at any time of the criminal proceeding the right to refuse bail. In the case of a suspect, accused of Action for the prevention of which was used personal surety, the surety on each court can impose a monetary penalty of up to one hundred monthly calculation indices in the manner prescribed in the Criminal Code.

Observation of the command of a military unit for the suspect, accused, is a military or military service, designed for training sessions, is to adopt measures under the statutes of the Armed Forces and Internal Troops of the ROK and capable of ensuring the proper conduct of the person and his appearance when summoned by conducting the criminal process. Command of military units reportedly on the merits by which elected the measure of restraint. On establishing the monitoring command of the military unit shall notify the Authority, who chose this measure of restraint.

The return of a minor under the supervision of parents, guardians or other trustworthy persons, as well as administration of a special child care institution, where he is, is taking on any of these persons a written commitment to ensure the proper conduct of the juvenile and his appearance when summoned by charge of the criminal process. The return of a minor under the supervision of parents and others can only be on their written request.

Collateral is money to be made by the suspect, accused or other person or entity into court to enforce the suspect, accused of responsibilities for attendance to the bodies of inquiry, investigation or in court for their call. As a mortgage can be taken with the permission of the prosecutor or the court other assets and real estate. Proving the value of collateral is assigned to the mortgagor. The amount of bail is determined by the person electing the measure of restraint, given the gravity of the charges, the identity of the suspect, accused, property of the pledger. The pledge does not apply to persons accused of committing serious crimes. The pledge applies only to a prosecutor or a court decision.

The amount of bail can not be less than: a hundredfold amount of monthly payments index - a charge of committing a minor offense, three hundred-sized monthly index - a charge of committing the crime of careless moderate, five hundred folds of the size of monthly index - a charge of committing an intentional crime moderate; thousandfold monthly index - a charge of committing a felony.

Arrest as a preventive measure is applied only to the prosecutor or a court decision and only in respect of the accused (suspect) in the commission of premeditated crimes for which the law prescribes a penalty of imprisonment for a term exceeding two years, and in the commission of crimes of negligence, for which law punishable by imprisonment for a term exceeding three years. In exceptional cases, this measure can be imposed on the accused (suspect) in cases involving crimes for which the law prescribes a penalty of imprisonment for a term not exceeding two years, if: 1) he has no permanent residence in the territory of the Republic of Kazakhstan 2) do not have his identity, and 3) they violated the previously chosen a preventive measure, and 4) he tried to escape or has escaped from the prosecuting authorities or the court. Resolution of the arrest must be submitted to the prosecutor not later than six hours before the expiry of the detention. Decision on arrest as a preventive measure is subject to immediate review prosecutor within six hours from receipt of materials to the prosecutor.

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