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CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 25, 2000 No. 132-II

About judicial system and the status of judges of the Republic of Kazakhstan

(as amended on 20-03-2021)

Section 1. General provisions

Article 1. Judicial authority

1. Judicial authority in the Republic of Kazakhstan belongs only to courts on behalf of regular judges, and also jury members involved in criminal trial in the cases and procedure provided by the law.

Justice in the Republic of Kazakhstan is performed only by court.

The edition of the legal acts providing transfer of special powers of court to other bodies is forbidden.

No other bodies and persons have right to appropriate powers of the judge or function of judicial authority.

Addresses, the statements and claims which are subject to consideration according to the procedure of legal proceedings cannot be considered or taken on control by any other bodies, official or other persons.

2. Judicial authority is performed on behalf of the Republic of Kazakhstan and has the appointment protection of the rights, freedoms and legitimate interests of citizens and the organizations, ensuring execution of the Constitution, the laws, other regulatory legal acts, international treaties of the republic.

Judicial protection against any illegal decisions and actions of the state bodies, the organizations, official and other persons infringing or limiting the rights, freedoms and legitimate interests provided by the Constitution and the laws of the republic is guaranteed to everyone.

Nobody can be deprived of the right to consideration of its case with observance of all requirements of the law and justice by competent, independent and just trial.

Judicial authority is performed by means of civil, criminal and other forms of legal proceedings established by the law.

3. Judges in case of administration of law are independent and submit only to the Constitution and the law. Adoption of the laws or other regulatory legal acts belittling the status and independence of judges is not allowed.

Any intervention in activities of court for administration of law is inadmissible and attracts legal accountability. On specific cases of the judge are not accountable. The addresses on legal cases submitted contrary to established procedure of legal proceedings and also on the questions which are not entering competence of court are left by court without consideration or go to relevant organs.

Disrespect for court or the judge attracts the responsibility established by the law.

Court resolutions and requirements of judges when implementing of powers by them are obligatory for execution by all state bodies and their officials, physical persons and legal entities. Non-execution of court resolutions and requirements of the judge attracts the responsibility established by the law.

Article 2. Government symbols

1. On buildings of the courts and in halls of judicial sessions National Flag of the Republic of Kazakhstan is set and the State Emblem of the Republic of Kazakhstan is placed.

2. Judges perform justice in judicial cloaks which form and the description affirm the plenary session of the Supreme Court.

Article 3. Judicial system

1. The judicial system of the Republic of Kazakhstan is constituted by the Supreme Court of the Republic of Kazakhstan, local and other courts established according to the Constitution of the Republic of Kazakhstan and this Constitutional law.

The organization of special and emergency courts under any name is not allowed.

2. Treat local courts:

1) the regional and equated to them courts (city court of the capital of the republic, city courts of the cities of republican value);

2) the district and equated to them courts (city court, interdistrict court).

3. In the Republic of Kazakhstan other courts, including specialized courts can be created (military, financial, economic, administrative, for minors and others).

3-1. Specialized courts are formed by the President of the Republic of Kazakhstan with the status of regional or district court.

4. The Supreme Court of the Republic of Kazakhstan, local and other courts have seal with the image of the State Emblem of the Republic of Kazakhstan and the name.

5. The special status has the court of the International financial center "Astana" which is not entering judicial system of the Republic of Kazakhstan.

Article 4. Unity of judicial system

The unity of judicial system of the Republic of Kazakhstan is provided:

1) general and the principles of justice, single for all courts and judges, established by the Constitution, this Constitutional law, procedural and other laws;

2) implementation of judicial authority in forms of legal proceedings, single for all courts, established by the laws;

3) application of the law in force of the Republic of Kazakhstan by all courts;

4) legislative fixing of the single status of judges;

5) obligation of execution in all territory of Kazakhstan of the court resolutions which took legal effect;

6) financing of all courts only from the republican budget.

The requirements provided by this Article do not extend to court of the International financial center "Astana".

Article 5. The legislation determining procedure for activity of the courts and the status of judges in the Republic of Kazakhstan

The judicial system and the status of judges, and also procedure for administration of law in the Republic of Kazakhstan are determined by the Constitution, this Constitutional law and other legal acts of the Republic of Kazakhstan.

Section 2. Judicial system

Chapter 1. The district and equated to them courts

Article 6. Formation of the district and equated to them courts

1. The district and equated to them courts (further – district courts) will be formed, will be reorganized, renamed and abolished by the President of the Republic of Kazakhstan on the representation of the Chairman of the Supreme Court approved with the Supreme Judicial Council.

The president of the Republic of Kazakhstan can form in several administrative and territorial units one district court or in one administrative and territorial unit several district courts.

2. Total number of judges for district courts is approved by the President of the Republic of Kazakhstan on the representation of the Chairman of the Supreme Court approved with the Supreme Judicial Council.

3. The number of judges for each district court is established by the Chairman of the Supreme Court in coordination with the Supreme Judicial Council based on representation of authorized body on organizational and to material logistics of activities of the Supreme Court, local and other courts (further – authorized body).

Article 7. Structure of district court

1. The district court consists of the chairman and judges appointed in the procedure established by the Constitution and this Constitutional law.

If on the state in district court one judge (mononuclear court) is provided, it performs powers of the chairman of this court.

2. Excluded

Article 8. Powers of district court

1. The district court is Trial Court.

2. District court:

1) considers the legal cases and materials carried to its cognizance;

2) it is excluded

3) performs other powers provided by the law.

Article 9. Chairman of district court

1. The chairman of district court is judge and along with accomplishment of obligations of the judge:

1) resolves issues of the organization of legal proceedings in court;

2) performs the common directorship of office of district court;

3) is conducted by personal reception of citizens;

3-1) approves the work plan of district court;

4) will be organized by passing of training by candidates for judgeship;

5) ensures functioning on anti-corruption and observance of regulations of judicial ethics;

6) publishes orders;

7) performs other powers provided by the law.

2. In case of temporary absence of the chairman of district court according to the order of the chairman of this court execution of its obligations is assigned to one of judges of this court.

In case of absence of the chairman, judges in district court execution of their obligations is assigned to judges of other court by the order of the chairman of regional court in coordination with the Chairman of the Supreme Court.

In case of early termination or the expiration of powers of the chairman of district court temporary fulfillment of duties of the chairman is assigned by the order of the chairman of regional court to one of judges of this court.

Chapter 2. The regional and equated to them courts

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