3. The Supreme Court of the Republic of Kazakhstan

The Powers of the Supreme Court

The Supreme Court shall be the highest judicial body for civil, criminal and other cases which are in the jurisdiction of local and other courts, and shall supervise their activity within the procedural forms provided for by the law and gives clarifications concerning issues of judicial practice.

The Supreme Court shall:

1) consider the court cases and materials referred to its jurisdiction;

2) study the judicial practice, and based on the results of its summarizing, consider the issues of keeping the law by the courts of the Republic when administering justice;

3) adopt regulatory resolutions, provide the judicial practice explanations; and

4) exercise other powers stipulated by the law.

The Structure and Composition of the Supreme Court

The Supreme Court shall consist of the Chairman and judges. The total number of Supreme Court judges shall be established by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court.

Under the Supreme Court, judicial collegiums shall be established and specialized panels may be set up.

The bodies of the Supreme Court shall be as follows:

1) the plenary session;

2) the supervisory judicial collegium for civil and administrative cases;

3) the supervisory judicial collegium for criminal cases.

The judicial collegium shall be headed by the Chairman appointed to office in accordance with the procedure stipulated by this Constitutional Law.

The total number of members and membership of the judicial collegium shall be established on a plenary session of the Supreme Court pursuant to the proposal of the Chairman of the Supreme Court.

The Chairman of the Supreme Court may form specialized panels

A research and advisory council and a press orgen shall be created under the Supreme Court.

The Chairman of the Supreme Court

The Chairman of the Supreme Court shall be a judge, and alongside with performance of the duties of a judge he shall:

1) head the Supreme Court as the highest judicial body;

2) may chair sessions of judicial collegiums and specialized panel;

3) convene and chair plenary sessions of the Supreme Court;

4) submit to a plenary session of the Supreme Court materials for consideration, in order for the Supreme Court to issue regulatory resolutions on issues of judicial practice and information about supervisory review of a judicial act on the grounds stipulated by the law;

5) nominate for approval of a plenary session of the Supreme Court candidates for the positions of a secretary of a plenary session of the Supreme Court and members of the research and advisory council;

6) when necessary, assign judges of one judicial collegium to consider cases in another judicial collegium;

7) approve plan of work of the Supreme Court;

8) coordinate work of the collegiums;

9) approve the statute on the apparat of the Supreme Court, its structure and composition and also carry out general management of the apparat of the Supreme Court;

10) personally receive individuals; and

11) issue orders.

The Chairman of the Supreme Court shall represent the interests of the judicial system of the Republic in mutual relations with the agencies of other branches of state power of the Republic and international organizations, and shall:

1) propose to the President of the Republic of Kazakhstan the candidature of the head of the authorized agency;

2) submit for consideration of the corresponding plenary sessions of the courts on an alternative basis the candidatures for vacant posts of the chairmen and chairmen of judicial collegiums of local and other courts, the chairmen of judicial collegiums and judges of the Supreme Court;

3) based on the opinions of plenary sessions of local and other courts, propose the candidatures for vacant posts of the chairmen of district courts to the Supreme Judicial Council;

3-1) based on the opinions of plenary sessions of the Supreme Court, propose the candidatures for vacant posts of the chairmen and chairmen of the judicial collegiums of oblast courts, chairmen of judicial collegiums and judges of the Supreme Court to the Supreme Judicial Council;

4) submit to President of the Republic of Kazakhstan his proposals to improve the legislation;

5) if any grounds stipulated in this Constitutional Law arise, submit to the Supreme Judicial Council, his proposals and materials concerning discharge of chairmen, chairmen of judicial collegiums and judges of the Republic's courts;

6) submit to the President of the Republic of Kazakhstan his proposals concerning awarding state awards and confer honorary titles to judges;

7) confer to judges the title of Honorary Judge, and approve the Regulations on the Procedure of Conferring of this Title;

8) exercise other powers stipulated by the law and other regulatory legal acts.

In the temporary absence of the Chairman of the Supreme Court, his duties shall be assigned to one of the chairmen of the collegiums, by order of the Chairman's judicial of the Supreme Court.

If the Chairman of the Supreme Court retires or is dismissed early otherwise, the President of the Republic of Kazakhstan shall temporarily assign the Chairman's duties to one of the chairmen of the judicial collegiums (judge)of the Supreme Court.

Chairman judicial of a Collegium of the Supreme Court

The chairman judicial of a collegium of the Supreme Court shall be a judge, and alongside with performance of the duties of a judge he shall:

1) chair the sessions of the judicial collegium;

1-1) organize consideration of court cases by judges;

2) organize work on studying and summarizing judicial practice;

3) ensure preparation by judges of the corresponding documents for consideration at a plenary session of the Supreme Court;

4) submit information to a plenary session concerning the activity of judicial the collegium; and

5) exercise other powers stipulated by the law.

In the temporary absence of the chairman judicial of a collegium, his duties shall be assigned to one of the judges of the collegium, pursuant to an order of the Chairman of the Supreme Court.

Plenary Session of the Supreme Court

A plenary session of the Supreme Court shall:

1) pursuant to a proposal of the Chairman of the Supreme Court establish the numerical strength and membership of the corresponding judicial collegium;

2) establish the total number of members and membership of the collegiums;

3) issue regulatory resolutions, provide the issues of judicial practice and make recommendations on improvement of the legislation;

3-1) shall proceed in the order of supervision as by law enacted;

4) hear information of the chairmen judicial of the Supreme Court collegiums and the head of the authorized agency;

5) issue its opinion in the case stipulated by Article 47.2 of the Constitution of the Republic of Kazakhstan;

6) discuss candidates for vacant positions of the chairmen, the chairmen of judicial collegiums of oblast courts, the chairmen of judicial collegiums and judges of the Supreme Court, and issue corresponding opinions;

7) approve the secretary of a plenary session and members of the research and advisory council, pursuant to a proposal of the Chairman of the Supreme Court;

7-1) discuss the referral to Judicial jury of materials against a judge having low justice performances or two or more disciplinary sanctions for violation of law in legal proceeding, and based on the results of discussion make an appropriate decision;

7-2) approve a uniform and description of a judge’s gown; and

8) exercise other powers stipulated by the law, and also elect Judicial jury by ballot.

A plenary session shall be quorate if no less than two thirds of the total number of the judges of the Supreme Court attend it.

The procedure of work of a plenary session of the Supreme Court shall be determined by the rules approved by it.