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.