Some Conflicting Issues of Using Materials from Operational Investigative Activities to Initiate Disciplinary Proceedings Against Judges

Abstract

The formulation of the research problem is a number of conflicting issues related to the use of materials from operational investigative activities when initiating disciplinary proceedings against judges. The purpose of the study is to analyze the regulatory framework of the Law of the Republic of Kazakhstan “On operational investigative activities”, in particular, paragraph 2 of Article 14 “Use of materials of operational investigative activities” to initiate disciplinary proceedings against judges. The objective of the study is to analyze the consequences of declassifying factual data (materials) obtained as a result of special operational investigative activities and transferring them to the disciplinary commission to initiate disciplinary proceedings against judges. The research methods were carried out using a complex, including legal analysis and documentary analysis, based on the study of official documents, regulations and legal provisions governing judicial activities in the Republic of Kazakhstan. These methods make it possible to deeply analyze issues related to the violation of the secrecy of the judicial process as a result of the installation of special technical means, and to identify possible negative consequences for the legality and fairness of court decisions on the territory of the Republic of Kazakhstan. As a result, it is noted that the selection and transfer of factual data (materials) for initiating disciplinary proceedings against judges can lead to the cancellation or change of sentences passed in conditions of secrecy of the verdict. Since, according to the regulatory legal acts of the Republic of Kazakhstan, interference in the activities of the court, as well as the subordination of judges to specific cases, is absolutely unacceptable, which entails legal liability in accordance with the law. Thus, the authors come to the conclusion and propose to consider a direct ban on the use of the results of operational investigative activities to initiate disciplinary proceedings against judges. This proposal is aimed at preventing possible violations and restrictions of the Constitutional rights of a judge, as well as ensuring the legality and fairness of the disciplinary proceedings.