4 The legal status of judges in the Republic of Kazakhstan

Judges of all courts of the Republic of Kazakhstan shall have a uniform status and shall differ among themselves only by their powers.

In the administration of justice judges shall be independent and subordinate only to the Constitution of the Republic of Kazakhstan and the law. No one may interfere in the administration of justice or exert any influence over a judge or jurors. Such acts shall be prosecuted according to the law. A judge shall not be obliged to provide any explanations on the essence of considered or sub judicial court cases. Secrecy of retiring room must be secured in all cases without any exceptions. Courts shall be financed, judges shall be material and social secured and housing shall be provided to them from the Republic's budget in the amounts sufficient for full and independent administration of justice.

Guarantees of Judge's Independence

The independence of a judge shall be ensured by the following:

1) the procedure stipulated by the law for the administration of justice;

2) the liability stipulated by the law for any interference in the judge's activity associated with the administration of justice and for contempt of court and judges;

3) the inviolability of a judge;

4) the procedure stipulated by the Constitution of the Republic of Kazakhstan and this Constitutional Law for the election, appointment, termination and suspension of the powers of a judge, and the judge's right to resign; and

5) the provision to judges, at the expense of the state, of financial support and social security appropriate to their status, and prohibition to deteriorate it.

Judges, members of their family and their property shall be under the protection of the state. Law-enforcement bodies shall take timely and exhaustive measures to provide for security of a judge and members of his family, safety of their property, if the judge file the corresponding application. Any harm inflicted to a judge and his property in connection with his professional activity shall be reimbursed from the Republic's budget.

The Inviolability of Judges

A judge may not be arrested, taken into custody, subjected to administrative punishments imposed in the judicial procedure, or charged with criminal liability without the consent of the President of the Republic of Kazakhstan, based on the opinion of the Supreme Judicial Council of the Republic, and in the case stipulated by Article 55.3) of the Constitution, without the consent of the Senate of the Parliament of the Republic of Kazakhstan, except for cases of detention at the scene of the crime or the commission of a serious crime. Inviolability of the judge shall include inviolability of his/her personality, property, private premises and offices, both personal and office vehicles used by him/her, documents belonging to him/her, luggage and other property.

A criminal case against a judge may be initiated only by the General Prosecutor of the Republic of Kazakhstan. Special investigative measures against a judge may be initiated only by sanction of prosecutor.

Requirements to be met by the Candidate Judges

Any citizen of the Republic of Kazakhstan may be appointed to a post of a judge of a district court who:

is at least twenty-five years of age; has a higher education in Law, an impeccable reputation, and has a working experience in legal profession of no less than two years;

has passed the qualifying examination at the Justice Qualifying Board or completed the specialized Master's program course;

has successfully completed training on probation in the court and has received a positive opinion of a plenary session of a court. No training on probation in the court shall be required for a candidate who completed the specialized Master's program course.

Any citizen who meets the requirements of clause 1 of this Article, having working experience in legal profession of no less than fifteen years or work experience as a judge not less than five years, may be appointed a judge of a regional (oblast) court.

Any citizen who meets the requirements of clause 1 of this Article, having working experience in legal profession of no less than twenty years or work experience as a judge not less than ten years as a judge may be appointed a judge of the Supreme Court.

Conditions and procedure of having training on probation in the court by a candidate judge shall be determined by the Regulations to be approved by the President of the Republic of Kazakhstan. Candidate judges shall pass an internship at courts on a regular basis.

Procedure for Vesting Powers in a Judge

Judges of the Supreme Court of the Republic of Kazakhstan shall be elected by the Senate pursuant to the proposal of the President of the Republic of Kazakhstan based on the recommendation of the Supreme Judicial Council.

Judges of local and other courts shall be appointed to office by the President of the Republic of Kazakhstan pursuant to the recommendation of the Supreme Judicial Council.

Discharge from Office and Termination of Powers of a Judge

The grounds for termination of the powers of a judge are as follows:

1) judge's retirement;

1-1) judge's dismissal from office pursuant to his own wish;

2) state of health impeding further performance of professional duties, in accordance with a medical opinion;

3) entering into legal force of a court decision recognizing the judge as legally incapable or restrictedly incapable, or applying compulsory measures of a medical nature to him;

4) entering into legal force of a conviction in respect of this judge;

5) termination of citizenship of the Republic of Kazakhstan;

6) death of the judge or entering into legal force of a court decision recognizing him as deceased;

7) appointment, election of the judge to another position or his transfer to another job;

8) abolishment of the court or expiry of powers, if chairman of a court, chairman of a judicial collegium or the judge does not agree to take up a vacant position of a judge at another court;

9) conclusion made by the Judicial jury;

10) reaching the judges’ compulsory retirement age.

The powers of a judge may be terminated due to a decision of a disciplinary and qualification collegium of judges on the need of discharge from the judge's office for his disciplinary misconducts or failure to meet the requirements stipulated in Constitutional Law.

The powers of the chairman judicial of a court or the chairman of a collegium may be terminated at his own wish early if they fail to meet the requirements stipulated in Constitutional Law.

Decision to discharge a judge from office shall be made by:

1) a resolution of the Senate of the Parliament of the Republic of Kazakhstan, with regard to the Chairman, judges of the Supreme Court, pursuant to the proposal of the President of the Republic of Kazakhstan;

2) a decree of the President of the Republic of Kazakhstan, with regard to the chairmen of the judicial collegiums of the Supreme Court, chairmen, chairmen of judicial collegiums and judges of local and other courts.

Discharge from office as a judge shall entail at the same time termination of powers of the chairman or chairman of judicial collegium of the corresponding court.

Discharge from office of the chairman or chairman of judicial collegium of the corresponding court pursuant to his own wish upon expiry of their term shall not entail their discharge from office as a judge of such court.

Judge’s retirement

A special form of termination of the judge's powers having an impeccable reputation, retaining the judicature, remaining a member of the judicial community, reserving the guarantees of personal inviolability and other material and social guarantees stipulated by this Constitutional Law shall be recognized the resignation.

Control questions:

1 What do you know about the 1-st history stage of the judicial system of the Republic of Kazakhstan?

2 What do you know about the 2-nd history stage of the judicial system of the Republic of Kazakhstan?

3 What do you know about the 3-rd history stage of the judicial system of the Republic of Kazakhstan?

4 What do you know about the 4-th history stage of the judicial system of the Republic of Kazakhstan?

5 What do you know about the 5-th history stage of the judicial system of the Republic of Kazakhstan?

6 What is a concept of the judicial system of the Republic of Kazakhstan?

7 What judicial levels of the judicial system of the Republic of Kazakhstan do you know?

8 What kinds of judicial instance do you know?

9 What are the main characteristics of the Kazakhstan district courts and courts equivalent to them ?

10 What are the main characteristics of the Kazakhstan oblast courts and courts equivalent to them ?

11 What are the main characteristics of the Kazakhstan Supreme court?

12 What are the main features of the legal status of judges in the Republic of Kazakhstan?

Topic.4 Basics of civil law of the Republic of Kazakhstan.

Purpose: to acquaint with the concept of the civil law as a brunch of law.

Plan:

1 The civil law: the concept, the subject and method of regulation.

2 The concept, the system and chief principles of the civil legislation of the Republic of Kazakhstan.

3. The concept of the natural persons and the general revision of the citizens' legal personality.

4. The concept and features of the legal entity. The kinds and forms of the legal entities.

5 The concept and the content of the right of ownership