INTERACTION OF COURT AND PROSECUTOR'S OFFICE: ISSUES OF THEORY AND PRACTICE

Authors

  • Saida А. Akimbekova
  • Nurzhan R. Maxatov

DOI:

https://doi.org/10.52026/2788-5291_2021_64_1_91

Keywords:

Court, prosecutor's office, law, judicial power, legality, civil proceedings

Abstract

The article reflects the issues of interaction between the court and the prosecutor's office when considering the case on the merits. During the period of judicial reform, the issues of the prosecutor's participation in civil proceedings were repeatedly changed. During the independence of the Republic of Kazakhstan, the issue of the prosecutor's participation in civil proceedings has always remained controversial.

The issues of interaction between the court and the prosecutor's office are considered in the article through the prism of the Constitution of the Republic of Kazakhstan and the laws adopted in accordance with it.

Not denied, as the court and the Prosecutor's office should be linked to achieving the goals and challenges they face to achieve a decent result, which will be expressed in the protection of human rights and ensuring law and order in the country.

The article considers the forms of interaction between the court and the prosecutor's office.

At the present stage, the interaction and role of the prosecutor's office in the system of separation of powers is the exercise of control over the executive branch of government, including the courts, by bringing protests and complaints against court decisions to higher courts, which exercise judicial supervision over the activities of lower courts in the established procedural forms. These powers of the prosecutor's office to appeal against court decisions make it possible to weaken the arguments of some authors about a certain lack of control of judges, to avoid carrying out reforms aimed at limiting the independence of the judiciary.

It is assumed that the participation of the prosecutor in the civil process should be minimized. There is no doubt that the prosecutor's participation in civil proceedings cannot be completely rejected, especially if the interests of the State are affected. At the same time, we believe that the participation of the prosecutor in private-legal relations violates the principles of civil procedure, such as dispositivity and adversarial nature.

Published

30.03.2021

How to Cite

Akimbekova С. А., & Maxatov Н. Р. (2021). INTERACTION OF COURT AND PROSECUTOR’S OFFICE: ISSUES OF THEORY AND PRACTICE. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(64). https://doi.org/10.52026/2788-5291_2021_64_1_91