02.03.2018
Welcoming speech at the International Conference on the theme: "Implementation of constitutional novels – as a guarantee of providing an effective model of criminal proceedings", Akbulak, March 1, 2018

 

The Chairman of the Constitutional Council Republic of Kazakhstan Mami K.A.
Welcome speech at the International Conference  
«Realization of constitutional novel»


On behalf of the organizers, I congratulate you, let us declare our conference is open.
An International Conference held for the seventh time this year in the foothills of Trans-Ili Alatau, has become a traditional event. Previously organized forums were fruitful and their results had a great impact on the adoption of new Codes of the second generation and the transition to a common criminal policy.
Dear colleagues!
Our present meeting is sanctified to the discussion of pressing questions of reformation of the system of criminal trial within the framework of realization of constitutional short stories 2017 year.  

  
As you know, the constitutional amendments accepted in Kazakhstan in March the last year provided a legal basis for further modernisation of the judicial system, activity of organs of public prosecutor office, and it is mediated other law enforcement authorities.
A significant event was the adoption in December last year of the Law" on amendments and additions to some legislative acts of the Republic of Kazakhstan on the modernization of the procedural bases of law enforcement", which the right to authorize all procedural actions restricting the constitutional rights and freedoms of citizens, transferred to the courts. The decree of the Head of state established specialized investigative courts. The CPC introduced ordered proceedings for criminal offenses, obvious and minor crimes; new approaches to the organization of criminal prosecution have been laid down; adversarial nature in criminal proceedings has been increased, including through the expansion of the rights of lawyers; procedural powers have been clearly distributed and measures to simplify
Thus, the role and functions of the court and law enforcement agencies in criminal proceedings have been significantly revised.   
 The draft law took into account the legal positions of a number of final decisions of the constitutional Council.  
The President of the Republic in his message "New opportunities for development in the conditions of the fourth industrial revolution" and at the enlarged meeting of the Government, held on February 9, 2015, noted the need to continue work on strengthening the guarantees of the constitutional rights of citizens, the universal adoption of the rule of law. In the fight against corruption, attention is drawn to the need for preventive measures. Law enforcement, as before, will develop in the direction of humanization, the introduction of intelligent systems of public order and security.


Currently, a lot of work on the implementation of these measures is being carried out. The adoption of optimal decisions on them requires a thorough analysis of legislative and law enforcement practices, mechanisms of interaction between law enforcement agencies and courts, in-depth study of progressive foreign experience.           
  In this regard, today's conference provides great opportunities. It is organized by the Constitutional Council, the Supreme Court and the General Prosecutor's office of the Republic of Kazakhstan in cooperation with the Foundation of the First President of the Republic of Kazakhstan – Elbasy, the OSCE Programme Office in Astana, the German Foundation for international legal cooperation, the European Union / Council of Europe project and the Venice Commission of the Council of Europe.     
The plenary session is attended by the leadership of the Presidential Administration, the constitutional Council, the Supreme Court, the General Prosecutor's office, the Fund of the First President of the Republic of Kazakhstan – the Elbasy, members of both houses of Parliament, representatives of law enforcement and judicial bodies, international and non-governmental human rights organizations, as well as prominent legal scholars.      


The program includes presentations of both domestic and foreign experts from Germany, Georgia and other countries.  
On behalf of the co-organizers, I would like to thank our foreign partners for the expert and methodological support, which always helps us in our work.
I hope that interesting and useful proposals on these and other issues will be made these days, and our next meeting will help us to assess the results of the measures taken and discuss further actions to modernize the judicial and law enforcement systems.   
I wish you all fruitful work.