The main characteristics of the types of Kazakhstan courts.

4 The legal status of judges in the Republic of Kazakhstan

1 The history of the judicial system of the Republic of Kazakhstan.

 

Kazakh courts date back to ancient times when folklore and traditions and religious rules performed the function of the laws in the Kazakh steppe. On a vast area stretching from the Black Sea to the Altai mountains one after another rose and fell the ancient states of Sakhs, Gunns, Yusuns, Turks, Karluks which had their own laws the evidence of which can be found in a variety of sources on the State and the law. This has been convincingly proved by L. Gumilev, a wonderful scientist and a great connoisseur of Eurasian issues, in his scientific paper on ancient Turks.

One of the founders of the law codes in the Kazakh khanate was the outstanding diplomat and statesman, Maiki bi, the adviser of Chingiskhan. The consolidation of the state is also associated with the name of Kasym khan, the son of Az Zhanibek khan. Under his rule the legal norms and traditions of that time were consolidated into a book called «The Truth of Kasym khan». A noticeable contribution to the development of the legal system of the Kazakh society was also made by Esim khan who considerably toughened the military laws and raised the level of responsibility of Kazakh warriors which was necessary for defence from the attacks of the aggressive Joungars. At the end of XVII Az Tauke, Tole bi, Kazbek bi, Aiteke bi created the «Zheti Zhargi», which became the code of laws and of court proceedings. However, as this code has reached us only in verbal form, the society did not regard it as official legislation. However, having been polished by many generations of users in line with the Kazakh traditions, those laws played an important role and did a lot of good to the Kazakh people.

The last quarter of the 17th century became an important historical turning point in the establishment of the official court system in Kazakhstan. At that time Kazakhs became Russian subjects and practically lost their right to self-determination: Bi's courts co-existed with Russian laws. On the 23rd of December 1786 Ekaterina II issued a decree on establishing a border court in Kyrgyz (Kazakh) steppe pursuant to the proposal of Igelstrom, the governor-general of Orenburg. The heads of communities were appointed chairmen of the local Kazakh courts. Mullahs served as court secretaries. Six Kazakh foremen formed the body of counsellors. Two Tartars and two Russians served as controllers. This is how the official judiciary system was introduced into the life of the Kazakh people.

In 1918 – 1920 at the height of the civil war some areas of Kazakhstan were held by the White Guard who cancelled the revolutionary tribunals. In order to restore the tribunals, on 12 April 1919 the Kazakh military-revolutionary committee issued the Regulations of the revolutionary tribunals, and on 31 December 1922 a decree was signed on the formation of the Union of Soviet Socialist Republics. This brought about a drastic change in the structure of the court system. At the beginning of 1923 the All-Union Central Executive Committee issued the decrees on the establishment of the supreme courts in the republics. Pursuant to that decree, on 10 April 1923, the RSFSR Supreme Court issued decree No. 31, in which paragraph 8 provided as follows: «… it is decreed to establish the administration of Turkestan branch to supervise a staff of 57 persons of the Turkestan branch of the Supreme Court established pursuant to the resolution of the Presidium of the Supreme Court of 17 March of this year.» On 11 April of the same year the All-Union Central Executive Committee issued a resolution on the establishment of the Supreme court of the Kyrgyz (Kazakh) region of the RSFSR.

 

 

2 J udicial 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).