Reconciliation through mediation - disputes (conflicts) arising from civil, labor, family and other legal relations
According to paragraph 1 of Article 2 of the Law on Mediation (hereinafter referred to as the Law on Mediation) of January 28, 2011, the scope of mediation is disputes (conflicts) arising from civil, labor, family and other legal relations involving individuals and (or) legal entities, as well as those considered during criminal proceedings on cases of minor and moderate crimes, criminal offenses, unless otherwise established by the laws of the Republic of Kazakhstan, and relations arising during the execution of enforcement proceedings. The Republic's courts often apply the provisions of this Law in relation to legal relations arising from an administrative and legal tort. By a resolution of the CAC of the city of Kokshetau dated January 5, 2018, the proceedings against M. were terminated under part 1 of Article 73-1 of the Administrative Code on the basis of Article 64 of the Administrative Code and the Law on Mediation in connection with reaching an agreement with the victim on reconciliation and conflict resolution. On November 6, 2017, at about 9 p.m., while at home at 100-14 Zheleznodorozhnaya Street, Kokshetau, K. inflicted bodily injuries on her during an argument with his ex-wife. According to the conclusion of the CME, K. did not have any bodily injuries. At the same time, in the medical card presented from the Department of neurosurgery of the Akmola Regional Hospital, K. doctors have described TBI in the form of a concussion of the brain, formed from exposure to a blunt solid object, possibly within the time period specified in the resolution. This injury caused a short-term health disorder of the victim for less than 21 days, which qualifies as minor harm. In court, M. admitted his guilt in full, asked to dismiss the case, as he reconciled with the victim. They have concluded an agreement on the settlement of this conflict through mediation.
Reconciliation through mediation - disputes (conflicts) arising from civil, labor, family and other legal relations
The victim K. confirmed that she had forgiven M. and concluded a written mediation agreement with him to resolve the conflict. By a decision of the Merken District Court of the Zhambyl region dated May 16, 2017, the administrative case against D. was terminated under part 1 of Article 73 of the Administrative Code on the basis of a mediation agreement between him and his wife L. So, on May 12, 2017, in the evening, D. quarreled with his wife at home in the village of Surat, disturbed the peace of the family. At the hearing, the couple stated that they had entered into a mediation reconciliation agreement and asked the court to terminate the proceedings. It should be noted that the Zhambyl Regional Court recommended that district (city) and related courts be careful with the use of mediation in cases of administrative offenses and correctly apply the provisions of Article 64 of the Administrative Code and the Law on Mediation in the operative part of judicial acts on the termination of such cases. There is also a procedural error in the operative part of the above-mentioned resolution. So, in the official language, instead of the word "toktatu", the word "kyskartu" is used (quoted verbatim): "D. B. M. zhoninde Akimshilik kukyk buzushylyk turaly Kazakhstan Republikasyn Codexin 73-babyn 1-boligimen kozgalgan akimshilik is boyynsha ondiris zhauapkershilik tartylgan tulga men zhabirlenushi sot media relations tartibim tatulaskandaryna baylanysty kyskartylsyn" (although etymologically it is still more correct to use the word "kyskart" than "toktatu", which translates as "stop, suspend"). ("kyskartu" is an abbreviation, in translation). On November 22, 2017, by a decree of the CAC of the city of Uralsk, West Kazakhstan region (hereinafter referred to as the West Kazakhstan Region), J. was found guilty of committing this offense under part 1 of Article 73-1 of the Administrative Code. In connection with reconciliation with the victim Z. The proceedings were terminated on the basis of Article 64 of the Administrative Code. Meanwhile, in this case, the court should have terminated the proceedings without finding Zh. guilty of an administrative offense.
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