2 Judicial system of the Republic of Kazakhstan: the concept, judicial levels and judicial instance.

The judicial system is the set of the courts constructed according to their competence and tasks, which are predetermined by the purposes of their activity.

Principles of justice:

1 Justice in the Republic of Kazakhstan shall be administered only by a court (No other agencies, or persons shall have the right to assume the powers of a judge or the functions of judicial power).

2 Judicial power shall be exercised on behalf of the Republic of Kazakhstan and is intended to protect the rights, freedoms and lawful interests of individuals and organizations, and to ensure the implementation of the Constitution, laws, other regulatory legal acts, and international treaties of the Republic.

3 A judge when executing justice shall be independent and subordinate only to the Constitution and the law.

4 The exercise of judicial power within the forms of court proceedings uniform for all courts and established by the laws (for ex. civil and criminal court proceedings and other forms of court proceedings). In cases, stipulated by law, criminal procedure shall be carried out with participation of jurymen.

5 Application of the current law of the Republic of Kazakhstan by all courts of the Republic of Kazakhstan.

6 The legislative enactment of the single status of judges.

7 The obligatory enforcement of judicial acts which have entered into legal force throughout the entire territory of Kazakhstan.

8 Effectuation of justice based on competitiveness and equality of the parties.

9 Possibility of revision of judgments of courts, both on criminal, and on civil cases.

10 the accused shall not be obligated to prove his innocence. А person shall be considered to be innocent of committing a crime until his guilt is established by a court’s sentence that has come into force; 

11 no one may be subject twice to criminal or administrative prosecution for one and the same offense; 

12 no one may have his jurisdiction, as stipulated by law changed without his consent; 

13 everyone shall have the right to be heard in court; 

14 the laws establishing or intensifying liability, imposing new responsibilities on the citizens or deteriorating their conditions shall have no retroactive force. If after the commitment of an offense accountability for it is canceled by law or reduced, the new law shall be applied; 

15 no person shall be compelled to give testimony against oneself, one’s spouse and close relatives whose circle is determined by law. The clergy shall not be obligated to testify against those who confided in them with some information at a confession; 

16 any doubts of a person’s guilt shall be interpreted in the favor of the accused; 

17 evidence obtained by illegal means shall have no juridical force. No person may be sentenced on the basis of his own admission of guilt; 

18 application of the criminal law by analogy shall not be allowed.

The judicial system of the Republic of Kazakhstan shall consist of the:

• Supreme Court of the Republic of Kazakhstan

• the local courts

• and other courts

established in accordance with the Constitution of the Republic of Kazakhstan and this Constitutional Law.

The establishment of special and extraordinary courts under any name shall not be permitted.

The local courts shall include:

1) oblast courts and courts equivalent to them (the city court of the Republic's capital, city courts of the cities of Republic's significance);

2) district courts and courts equivalent to them (a city, interdistrict court).

Other courts, including specialized courts:

- Martial courts,

- Financial courts,

- Economic courts,

- Administrative courts,

- Juvenile courts ,

- And other courts may be formed in the Republic of Kazakhstan.

Specialized courts with the status of an oblast or district court shall be constituted by the President of the Republic of Kazakhstan.

Judicial system can be divided into three levels:

• the basic (district courts and courts equivalent to them (a city, interdistrict court), martial court of garrisons, connections, armies);

• middle (oblast courts and courts equivalent to them (the city court of the Republic's capital, city courts of the cities of Republic's significance), Court martial of troops);

• the highest (Supreme Court of the Republic of Kazakhstan).