Commentary to article 489. Return of petitions, protest, and submissions without consideration The Criminal Procedure Code of the Republic of Kazakhstan
Petitions, protests, and submissions on the revision of judicial acts that have entered into legal force are subject to return to the persons who submitted them on the following grounds:
1) petitions, protests, and submissions do not comply with the requirements of Article 488 of this Code;
2) petitions, protests, and representations have been filed by persons who, in accordance with Article 486 of this Code, do not have the right to appeal or challenge this judicial act that has entered into legal force.;
3) petitions, protests, and representations are filed after the expiration of the period specified in the second part of Article 487 of this Code.;
4) before considering the petitions, protest, or substantive submissions, they were withdrawn;
5) petitions, protests, and representations have been filed against judicial acts that, in accordance with part three of Article 484 of this Code, are not subject to judicial review.;
6) there is a resolution of the supervisory board on the refusal to review this judicial act at the request of the same person and on the same grounds, except for the cases provided for in part four of Article 485 of this Code, or the issuance of a resolution on the initiation of supervisory proceedings by the Chairman of the Supreme Court of the Republic of Kazakhstan.
If the deficiencies specified in paragraphs 1) and 2) of part one of this article are eliminated, which served as the basis for the return of petitions, protests, and submissions, they may be filed again on general grounds.
The norms of Article 489 of the CPC establish a list of grounds for returning petitions and protests to the persons who submitted them. It is comprehensive. At this stage, the return without consideration of petitions and protests that do not comply with the requirements of paragraphs 1)-2) of the first part of Article 488 of the CPC is formalized by a letter from the chairman of the supervisory judicial board, which indicates specific shortcomings.
The first reason for the return of these documents is related to the violation of the requirements of Article 488 of the CPC and, above all, the lack of motivation of the petition, protest, that is, failure to indicate in them the specific circumstances indicating violations of the law during the proceedings, and how they affected the court decision, etc.
The circle of persons entitled to file a complaint or protest is specified in the norms of Article 486 of the CPC and is not subject to broad interpretation.
The time limits for filing a complaint or making a protest cannot be extended, and their violation excludes any supervisory proceedings in the case (Article 487 of the CPC).
Paragraph 4) of the first part of this article refers to the rules established by paragraph 6) of Article 488 of the CPC, since there is no subject of supervisory proceedings.
The list of court decisions that are not subject to supervisory review is given in paragraph 3) of Article 484 of the CPC.
Paragraph 6) of this Article provides for the return of a petition or protest if the case already has a resolution of the supervisory board on the refusal to review the judicial act at the request of the same person and on the same grounds, except for the cases provided for in Part 4 of art.485 CPC.
A new filing of petitions or protests after the elimination of the deficiencies that served as the basis for the return of the supervisory petition or protest is possible within the time limits established by law for appealing and protesting court decisions that have entered into legal force.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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