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CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN
ON JUDICIAL SYSTEM AND STATUS OF JUDGES
OF THE REPUBLIC OF KAZAKHSTAN

Article 1 Judicial Power

 

1. Judicial power in the Republic of Kazakhstan belongs only to the courts in the face of permanent judges, and jurors engaged in the criminal court proceedings in the cases and in the procedure stipulated by the law.

Justice in the Republic of Kazakhstan shall be administered only by a court.
It is prohibited to issue any legislative acts providing for transfer of exclusive powers of a court to any other agencies.

No other agencies or persons shall have the right to assume the powers of a judge or the functions of judicial power.

Appeals, applications and complaints, which are subject to consideration in the course of court proceedings, may not be considered or monitored by any other agencies, officials or other persons.

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.

Everyone shall be guaranteed judicial protection against any unlawful decisions and acts of state agencies, organizations, officials and other persons which infringe or restrict the rights, freedoms and legitimate interests provided by the Constitution and the laws of the Republic.

No one may be deprived of the right to have his case considered in compliance with all the requirements of the law and fairness by a competent, independent and impartial court.

Judicial power shall be exercised by means of civil and criminal court proceedings and other forms of court proceedings established by the law.

3. In the administration of justice, judges shall be independent and subject only to the Constitution and the law. It shall not be allowed to adopt any laws or other regulatory legal acts impairing the status and independence of judges.

Any interference in the court's activity concerning administration of justice shall not be allowed and shall entail liability pursuant to the law. Judges shall not be accountable for specific cases. Any claim filed in violation of the established court procedure, and also on issues which do not come within the competence of court, shall be left without consideration or forwarded to the relevant bodies.

Any contempt of a court or a judge shall entail liability stipulated by the law.
Court acts and demands of judges in exercising their powers shall be binding on all state agencies and their officials, natural persons and legal entities. Failure to implement court acts and demands of a judge shall entail liability stipulated by the law.



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