Approved by the Decision of the Supreme Judicial Council of the Republic of Kazakhstan of February 17, 2016, No. 1-2/1
These Regulations determine procedure for holding meetings, and also other questions of the organization of work of the Supreme Judicial Council of the Republic of Kazakhstan and the Qualification commission under the Supreme Judicial Council of the Republic of Kazakhstan.
1. The supreme Judicial Council of the Republic of Kazakhstan (further - Council) is the autonomous public institution created for the purpose of ensuring the constitutional powers of the President of the Republic of Kazakhstan on forming of courts, guarantees of independence of judges and their immunity and also on enhancement of judicial system and the legislation.
2. The legal basis of activities of Council the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan" (further - the Constitutional law) constitute, the Law of the Republic of Kazakhstan "About the Supreme Judicial Council of the Republic of Kazakhstan" (further - the Law) and these Regulations.
3. Powers of Council are stipulated in Article 3 Laws and are implemented according to the procedure, established by these Regulations.
3-1. Under Council for consideration of the most significant questions for judicial system including connected with enhancement of the national legal system which in subsequent will be discussed at meetings of Council the permanent Expert and advisory commission is formed.
The structure of the Expert and advisory commission consists of permanent members of Council, representatives of state bodies, public associations, the organizations and organizations.
The structure of the Expert and advisory commission affirms the order of the Chairman of the Supreme Judicial Council.
4. The decision on holding meeting and the list of the questions submitted for meeting of Council are determined by the Chairman of the board by the proposal of the secretary of Council.
5. His members are informed on time, the place and the agenda of meeting of Council by workers of the office of Council, as a rule, at least in five days prior to the meeting.
In case of need immediate consideration of question at meeting of Council members of council can be informed in other terms.
6. In the absence of necessary quorum, stipulated in Item 1 article 8 of the Law, the meeting of Council is postponed, and measures for ensuring quorum are taken.
7. Time for reports at meetings is provided up to 15 minutes, for supporting reports - up to 10 minutes, acting in case of discussion of questions - up to 5 minutes, for reference, offers or notes - up to 3 minutes.
Taking into account the discussed question time for reports, supporting reports, performances, references can be established individually.
8. In case of non-compliance with time of performance or performance established by these Regulations beside the point of the discussed question the Chairman of the board has the right to limit the speaker in time.
9. Chairmen of local and other courts, and also other persons listed in Item 2 of article 8 of the Law can be invited to meeting of Council.
10. During the meeting of Council, if necessary, the video, and also online broadcasting on the official site of Council (if technically possible), except as specified, stipulated in Item 3 articles 8 of the Law is conducted audio-.
11. In case of expression by the member of council of special opinion, it shall be provided to Council within a day from the date of holding meeting.
12. Meetings of Council for the decision of the Chairman of the board can remotely be held, including with use of questionnaires (appendix 1 to these Regulations), systems of video conferencing and other information systems.
13. The minutes of Council are drawn up within five working days from the date of holding meeting. In the protocol are specified: the present members of council, other officials, the list of the discussed questions, surnames of speakers and acting in case of discussion, the decisions made by Council.
The protocol is signed by the Chairman and the secretary of Council.
The sequence number is assigned to the minutes. The protocol or statements from it are distributed to members of council on position, and also state bodies, official and other persons who at meeting are given the corresponding instructions. Permanent members study the protocol.
14. Protocols of meetings of Council (originals), and also materials to them are stored in the office of Council.
Issue of materials, implementation of statements from documents are made only according to the written address of interested persons with the permission of the Chairman of the board.
15. Council considers materials in time, stipulated in Item 4 articles 8 of the Law.
16. Documents acceptance for passing qualification examinations in the Qualification commission under Council (further - the Commission) is performed according to stipulated in Item 17 these Regulations the list of documents.
17. The application for admission of qualification examination on judgeship is directed by the applicant to the Commission purposely or the registered mail.
The following documents shall be enclosed to the application in one copy:
1) personal leaf on registration of personnel with the photo of the 4,0 x 6,0 format see;
2) the autobiography (it is constituted with own hand, it is legible and it is accurate with putting down of the signature and date);
3) the notarized or certified by personnel service on place of employment copy of the service record (for the military personnel, employees of the law enforcement and special state bodies including which were - in addition to the copy of the service record - the copy of the record of service certified by personnel service), and in case of dismissal from law enforcement and special state bodies - statements from dismissal orders from law enforcement and special state bodies and military service;
4) notarized copies of the diploma about the higher legal education and appendices to it;
5) the office characteristic signed by the first head or person replacing it under seal the organizations.
In the characteristic it is dated its issues and reference registration number. In case of impossibility on reasonable excuses to provide the characteristic written explanations are furnished;
6) the medical certificate about the state of health (No. form 086),
and also the references issued corresponding to psychoneurological
and narcological dispensaries of the cities of Astana, Almaty, areas;
7) copy of the identity certificate.
The documents specified in subitems 1), 2), 5), 6) of this Item are valid within one year from the date of their issue or creation, but without fail shall contain the untrue information about the candidate.
Check of completeness and compliance to qualifying standards to the documents filed by the applicant, and also preparation of materials on commission session are performed by workers of the office of Council.
18. In case of document creation any blots and corrections are not allowed.
Their originators bear responsibility for completeness and reliability of the data reflected in documents.
In case of failure to carry out of the above-stated requirements for document creation or their incompleteness, materials return to person which gave them.
19. The refusal in acceptance of properly issued applications and documents is not allowed.
20. Person is allowed to passing qualification examination after passing of obligatory special check.
Passing of special check is provided with the office of Council with assistance of the regional and equated to them courts (further - regional court).
21. The decision on the admission to passing qualification examination is drawn up in the form of the applicants list on passing qualification examination on judgeship which affirms the commission chairman.
The matters of argument arising in the course of the admission of persons to passing qualification examination are considered on commission session according to the decision of its chairman.
22. In case of refusal in the admission to passing qualification examination, the motivated answer signed by the commission chairman and the submitted documents go to the applicant within ten working days after decision making about refusal in the admission.
23. Creation of the list of the invited persons on meeting on the discussed questions and providing their appearance are performed by workers of the office of Council.
24. The notice on time and the venue of commission session is made, as a rule, by the direction of telephone messages, and also with use of any means of communication providing fixation of the notice or challenge.
25. The persons allowed to passing qualification examination and notified on time and the place of commission session can submit before its carrying out in the Commission the application for transfer of term of passing an examination with indication of reasonable excuses.
Are among reasonable excuses:
1) disease of person allowed to passing qualification examination, disease of the child (sudden, supported by the documents, references of medical institutions. The disease of children having long or chronic character is not among reasonable excuses);
2) the death of the close relative which number persons specified in the subitem 13) of Item 1 of article 1 of the Code of the Republic of Kazakhstan on scrap (matrimony) and family treat, confirmed with the death certificate (from one to seven days for holding funeral and other procedures);
3) the force majeur circumstances interfering arrival for passing qualification examinations (the weather conditions confirmed with references of bodies of the Ministry of Internal Affairs of RK or weather services, references of services of the airports, railway and bus stations);
4) certification, business trip (copy of orders);
5) participation in legal procedure as the party, witness, the third party (copy of legal notifications). Participation as the defender or the representative of the state on protection of its interests in court is not among reasonable excuses.
26. To the persons allowed to passing qualification examination, which twice did not be on passing an examination without valid excuse and who did not submit the application for transfer of term of passing an examination, documents return, and they are allowed to its repeated delivery not earlier than in year.
27. The chairman and members of the commission have no right to participate in meeting in cases, stipulated in Item the 5th article 11 of the Law. In such cases rejection shall be declared.
Branch based on availability of the circumstances raising doubts in their impartiality can be declared to the chairman or the member of the commission. In this case the question of branch is resolved by all present members of the commission in the absence of person to whom branch is declared.
27-1. The procedure of passing qualification examination consists of the following stages:
1) psychological testing and writing of the essay;
2) computer testing for knowledge of the legislation of the Republic of Kazakhstan and capability of its practical application;
3) examination of the applicant and capability of their practical application under the examination cards modeling specific situations from court practice (keysovy tasks).
At stages of holding qualification examination with applicants instructing which includes acquaintance with information on rules of passing an examination is carried out.
28. At the choice of the applicant the qualification examination is held on state or Russian.
Use at examination of education guidances, specialized literature, mobile phones and other auxiliary materials and means is forbidden.
At each stage of qualification examination assistance by one applicant to another is not allowed.
In case of identification of the similar facts the applicant is discharged by the commission chairman of passing an examination. In this case the applicant has the right to provide document package for passing qualification examination not earlier than in year.
29. Psychological testing of applicants in the judge is held in regional courts by specialists psychologists.
The purpose of psychological testing to reveal at the applicant availability of the individual and psychological features necessary for work as the judge, and also the factors interfering such work.
30. Persons who received the positive decision of psychological testing are invited in the Supreme Judicial Council for writing of the essay.
The essay is written on the set subject which is determined by the applicant by the accidental choice from the offered options.
Time found on writing of the essay - no more than 2 hours. The essay is drawn up by printing method, amount no more than 500 words, in the Microsoftword format, the Times New Roman font, the size 14.
31. Assessment of the essay is carried out by the commission of experts consisting of number of permanent members of Council and the representatives of the academic community who are not part of the Qualification commission under Council.
The structure of commission of experts affirms at meeting of the Qualification commission.
The essay is estimated by 7 main criteria according to the established form of estimative leaf (appendix 1-1 to these Regulations).
Following the results of writing of the essay the applicant receives from 0 to 5 points depending on disclosure of subject.
Results of writing of the essay have advisory nature.
32. The computer test for knowledge of the legislation consists of 100 questions covering 11 branches of law:
- Constitutional right;
- Administrative law of torts and process;
- Civil law;
- Civil procedural law;
- Criminal law;
- Criminal procedure law;
- Land right;
- Law of domestic relations;
- Labor right;
- Tax law;
- Environmental law.
Monitoring of compliance of questions to the current legislation is carried out by the Commission together with the office of Council on permanent basis.
Computer testing for knowledge of the legislation is held in JSC National Center for Personnel Management of Public Service under the Agency of the Republic of Kazakhstan for public service and to anti-corruption.
33. On passing of computer testing 90 minutes after which testing automatically comes to the end are given.
Following the results of computer testing the applicant receives the following number of points depending on the number of the correct answers:
from 80 to 89 correct answers - 4 points;
from 90 and more correct answers - 5 points.
Person which gathered following the results of computer testing of 4 and more points is allowed to the third stage of qualification examination (examination of the applicant on examination the ticket).
Persons which gained less than 80 points are considered not passed the second stage of examination.
34. The third stage - the examination of the applicant and capability of their practical application under the examination cards modeling specific legal situations from court practice (keysovy tasks) takes place in the Supreme Judicial Council.
On the solution of keysovy tasks 2 hours are provided to applicants.
The solution of keysovy tasks is drawn up by printing method, in the Microsoftword format, the Times New Roman font, the size 14.
Examination cards contain 3 keysovy tasks on the branches of law included in computer testing.
Before the third stage three envelopes are provided to applicants at choice, each of which contains packet of examination cards.
After the choice and opening of envelope the applicant determines the specific examination card by random check from the tickets which are in this envelope.
In case of the solution of keysovy tasks answers of applicants shall be reasonable, with detailed and accurate statement of the line item on the question posed.
Are not allowed the short answer only with indication of opinion of the applicant on the question posed and detailed duplication of the text of statement of the problem in descriptive part of the decision.
35. After the solution of keysovy tasks the applicant is invited to oral interview with members of the Qualification commission.
During the oral interview members of the Qualification commission ask the applicant questions about his answer to keysovy tasks. Also questions by results of writing by the applicant of the essay can be set.
In case of examination of the applicant according to the solution of keysovy tasks audio (video) fixing is conducted. Materials of audio-(video) fixing are stored within month from the date of the end of qualification examination on electronic media in the office of Council.
36. The mark following the results of the answer претендентапо is put down to keysovy tasks by members of the commission on five-point scale. Answers of each task are estimated on 5 questions, according to the established form of examination leaf (appendix 2 to these Regulations). Each member of the Qualification commission on keysovy tasks removes average arithmetic assessment where points on each question develop and divided into total number of keysovy tasks in the ticket.
Examination sheets with results of answers on keysovy tasks are transferred to the chairman at meeting who makes calculation of the marks which are put down by members of the commission and divides them into number of all present members of the commission.
The applicant receives from 0 to 5 points depending on the removed average assessment.
The applicants who gained at least 4 points are considered passed the third stage of qualification examination.
37. The final result of qualification examination is disclosed to the applicant on commission session.
The decisions made on commission session are drawn up by the protocol within five working days from the date of commission session completion which is signed by the chairman.
In the minutes of the Commission the present officials, the name and subject of the discussed questions, speakers and members of the commission acting in case of discussion, the made decisions and (or) recommendations are specified. If necessary the meeting audio recording is made.
Sequence numbers for calendar year are assigned to protocols of commission sessions.
38. The applicant can appeal results of computer testing and the solution of keysovy tasks in the appeal commission consisting of number of permanent members of Council and the representatives of the academic community who are not part of the Qualification commission under Council.
The structure of the appeal commission affirms the Chairman of the Supreme Judicial Council.
Claims are submitted after receipt by the applicant of results of computer testing or announcement of results of passing of qualification examination by it.
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