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.

 

C ontrol questions:

1 What do you know about the 1-st history stage of thejudicial systemof the Republic of Kazakhstan?

2 What do you know about the 2-nd history stage of thejudicial systemof the Republic of Kazakhstan?

3 What do you know about the 3-rd history stage of thejudicial systemof the Republic of Kazakhstan?

4 What do you know about the 4-th history stage of thejudicial systemof the Republic of Kazakhstan?

5 What do you know about the 5-th history stage of thejudicial systemof the Republic of Kazakhstan?

6 What is a concept of the j udicial system of the Republic of Kazakhstan?

7 What judicial levels of the j udicial 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?