Based on the Definition of the Constitutional Council of the Republic of Kazakhstan dated November 2, 2021 No. 10-01-02/373-And Professor of the Department of Criminal Law Disciplines of the Faculty of Law of the Eurasian National University named after L.N. Gumilyov, Doctor of Law, Professor, Honored Worker of the Ministry of Internal Affairs of the Republic of Kazakhstan, member of the Scientific Advisory Council at the Supreme Court of the Republic of Kazakhstan A.N. Akhpanov participated as an expert and spoke on November 24, 2021 at a meeting of the Constitutional Council of the Republic of Kazakhstan to consider the submission of the Specialized Interdistrict Criminal Court of Akmola region to the Constitutional Council of the Republic of Kazakhstan on recognition of the unconstitutional norm of subparagraph 2) of Article 2 The Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VI "On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on improving criminal, criminal procedure legislation and strengthening the protection of individual rights".
In his expert opinion and report, Professor A.N. Akhpanov gave a legal assessment of the court's appeal on the right of the defendant N.N. Ivanov to a trial with the participation of jurors when the legislator differentiates the relevant rules of jurisdiction.
From January 1, 2023, the law expands the limits of jurisdiction: from criminal cases of crimes for which a death penalty or life imprisonment may be imposed to criminal cases of particularly serious crimes (with exceptions of certain compositions). Due to the legal conflict and gaps in legal regulation when the legislator differentiates the jurisdiction of criminal cases to a court with the participation of jurors in judicial practice, a number of questions arose that the Constitutional Council of the Republic of Kazakhstan had to answer in its decision.
In relation to this situation, Professor A.N. Akhpanov presented an expert vision on the compliance with the Constitution of the Republic of Kazakhstan of certain provisions of the Criminal Procedure Code of the Republic of Kazakhstan on the jurisdiction of criminal cases to a court with the participation of jurors, the unconditionality or conditionality of the right of the accused to consider his criminal case by a court with the participation of jurors, criteria for assigning criminal cases to the jurisdiction of a court with the participation of jurors, the retroactive force of the criminal procedure law, the possibility of filling gaps according to the rules of analogy of the law, the validity of the court's refusal to satisfy the petition of the defendant N.N. Ivanov.
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