Support in the administrative court of 3-instance after a road traffic accident
If it is necessary to further appeal the decision of the court in cases of administrative offenses of the second instance, the process may be transferred to the court of 3-instance. Here issues are considered of the legality of application and interpretation of legal norms by previous instances.
LiTRO legal advisers have deep knowledge in the field of jurisprudence and experience in all courts, which allows them to effectively defend your rights at this level.
In what cases is the case considered in the court of 3-instance?
The grounds for cassation review of decisions in cases of administrative offenses are cases when: 1) execution of the adopted decision may result in serious irreversible consequences for the life, health of people or for the economy and security of the Republic of Kazakhstan; 2) the adopted decision violates the rights and legitimate interests of an indefinite number of persons or other public interests; 3) the adopted decision violates the uniformity in the interpretation and application of the rules of law by the courts and authorized bodies (officials).
Time limits for consideration of the case in the court for cases of administrative offenses of 3-instance
Decisions that have entered into legal force in cases of administrative offenses may be revised upon the proposal of the Chairman, Chairman of the Judicial Collegium of the Supreme Court of the Republic of Kazakhstan, as well as upon the protest of the Prosecutor General of the Republic of Kazakhstan or his deputy, on the basis of a petition for making a representation. If the case is requested, the petition for making a representation or filing a cassation protest is subject to consideration within thirty working days from the date of receipt of the case.
What documents are needed to apply to a court of third instance?
A set of documents is required, including a cassation appeal (request to make a representation), decisions of the courts of first and second instance, evidence presented in previous courts, as well as new evidence, if any.
Do you need a lawyer to support your interests in the court of 3-instance?
The presence of a lawyer is not mandatory, but is strongly recommended, given the complexity and specificity of legal proceedings in cases of administrative offenses.