Прокуратура органдарының өтініштерді қарау практикасы туралы

1 105 рет оқылды, 178 пікір жазылды, 20 12 2018 17:37

Жеке және заңды тұлғалардың өтініштерін жан-жақты, сапалы қарау, азаматтардың бұзылған құқықтарын қалпына келтіру прокурорлар жұмысының басты бағытының бірі болып табылады.
Осы жылдың басынан прокуратура органдарына азаматтар мен заңды тұлғалардан 198 мыңнан астам өтініш келіп түскен, оларды қарау нәтижелері бойынша 18 мыңнан астам арыз берушілердің құқықтары қорғалды, анықталған бұзушылықтарды жою туралы 300-ден астам прокурорлық қадағалау актілері енгізілді.
63 мыңнан астам азамат прокурорлардың жеке қабылдауында болды, олардың ішінде 28 мың 500-ін прокуратура органдарының басшылығы қабылдады.
Прокуратура органдарына келіп түскен өтініштердің жартысына жуығы немесе 45 % (90 мың) қылмыстық процестің сотқа дейінгі сатысына қатысты болған, 22 % (43 мың) — әлеуметтік-экономикалық салаға және 12 % (23 мың) қылмыстық, азаматтық және әкімшілік істер жөніндегі сот актілерімен келіспеуіне байланысты.
Қанағаттандырған өтініштердің ең көп саны немесе 54 % (10 мың) сотқа дейінгі тергеп-тексеру органдарының актілері мен әрекеттеріне (әрекетсіздігіне) берілген шағымдарды құрайды
Өтініштердің үштен бірі (70 мың) құзыреті бойынша қарау үшін басқа органдар мен ведомстволарға жолданды.
Өздерінің мәселелерін прокуратура органдарына жіберген кезде арыз берушілер көп жағдайда өткен жылдан бастап қолданысқа енгізілген прокурорлардың өтініштерді қарауының жаңа тәртібінен хабарсыз екені байқалады.
«Прокуратура туралы» Заңға сәйкес прокуратура органдары бұдан былай өтініштерді мынадай, егер:
— Президенттің тапсырмасы болған;
— адамның өмірі мен денсаулығына, қоғамның және мемлекеттің экономикасы мен қауіпсіздігіне орны толмас салдарға алып келетін қатер төнген;
— денсаулығының физикалық немесе психикалық бұзылуына және өзге де мән-жайларға байланысты адам өзін-өзі қорғай алмаған;
— шектелмеген адамдар қатарының құқығын бұзған, яғни объективті түрде адамдар қатарын анықтау мүмкін болмаған жағдайларда қарайды.
Бұл ретте, өтініштердің аталған санатын прокурорлар құқық қорғау органдарының және арнаулы мемлекеттік органдардың қызметінде заңдылықтың бұзылуы немесе оның болу қатері, сондай-ақ бақылаушы немесе қадағалаушы органның мүдделер қақтығысы болған не олардың шешіміне шағымданған жағдайларда ғана қарайды.
Сондықтан, егер өтініштер аталған критерийлерге сәйкес келмесе, онда азаматтар мен заңды тұлғалар өздерінің құқықтарын қорғау үшін тікелей уәкілетті органдарға не сотқа жүгінуі қажет.
Бұл талаптар, қарау тәртібі қылмыстық процестік, азаматтық процестік, әкімшілік құқық бұзушылық заңнамаларында, сондай-ақ жедел-іздестіру және қарсы барлау қызметі саласындағы заңнамаларда белгіленген өтініштерге қолданылмайды.
2017 жылдан бастап азаматтық істер бойынша соттар шешімдеріне наразылық келтіру туралы прокурорлардың өтінішхаттарын қарау тәртібі өзгергеніне сондай-ақ назарларыңызды аударамыз.
АПК-нің 435-бабының жаңа редакциясына сәйкес процеске қатысушылардың өтінішхаттары бойынша Бас Прокурор прокурорлардың қатысуларымен қаралған азаматтық істер бойынша ғана наразылық келтіруге құқылы.
АПК-нің 54-бабының 2-бөлігі прокурорды үш жағдайда, егер дау мемлекеттің, қоғамның немесе өзін-өзі қорғай алмайтын азаматтардың мүдделерін қозғайтын болса ғана, қатысуға міндеттейді.
Бұл Бас прокуратура бұдан былай басқа даулар бойынша сот актілеріне Жоғарғы Сотқа наразылық келтіру туралы өтінішхатты қарай алмайды дегенді білдіреді.
Азаматтар мен заңды тұлғалар заңды күшіне енген шешімдерге Жоғарғы Сотқа шағымдануы тиіс.
Жоғарыда көрсетілген талаптарды білуі арыз берушілерге бірден қажетті адресатқа жүгінуге мүмкіндік береді, бұл олар көтеріп отырған проблеманың шешілуін жылдамдатады.
2017 жылы 100 нақты қадам – Ұлттық жоспарын іске асыру шеңберінде Бас прокуратураның және облыс прокуратураларының жанынан құрылған Құқық қорғау қызметтерінің орталықтары азаматтарға олардың құқықтық дауларын шешу кезінде елеулі көмек көрсетіп отырғанын атап өту қажет.
Орталықтардың негізгі міндеттері қол жетерлік қызмет көрсету, шағымдарды жедел шешу, құқық қорғау органдарына азаматтардың сенімдерін арттыру, әкімшілік кедергілер мен асыра бюрократизмді жою болып табылады.
Оларда күн сайын тәжірибелі прокурорлар қабылдауды жүзеге асырады, адвокаттар, медиаторлар, сот орындаушылары, пробация қызметінің және басқа да мемлекеттік органдардың өкілдері білікті және тегін құқықтық қызмет көрсетеді.
Ағымдағы жылы республиканың орталықтарында 27 мыңнан астам азаматқа құқықтық көмек көрсетілді.

Бас прокуратураның баспасөз қызметі


 

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