THE CATEGORY OF FAIRNESS IN THE CIVIL PROCEDURAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The article analyzes the content of international acts and national legislation regarding the perception of the idea of fairness in the rules governing the administration of fairness.

The analysis of the procedural legislation showed the difference in approaches to the legislative consolidation of the category of fairness. In particular, it was revealed that in various codified procedural acts the category of fairness is provided mainly as: a task, a requirement for the quality of the administration of justice, a norm-principle. At the same time, in the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC RK), an extensive perception of the category of fairness is not observed.

Regarding the concept of “right to a fair trial”, the author notes that this concept is not used in national legislation, although it is enshrined in international acts and is even regulated by independent articles. Referring to doctrinal sources and international acts, the article discusses the concept and structure of the subjective right to a fair trial.

Based on the results of the analysis, the author made an attempt to formulate proposals for improving certain provisions of the CPC RK by fixing the category of fairness as an independent principle, subjective right and one of the tasks of civil proceedings. It is also proposed to provide for the principle of fairness in the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs".

Taking into account the ongoing reform of the judicial system, the article critically analyzes certain provisions of the draft Law of the Republic of Kazakhstan "On amendments and additions to certain legislative acts of the Republic of Kazakhstan on improving procedural legislation and reforming the judicial system", which provides for the category of fairness in certain articles of the CPC RK.