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CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 5, 2022 No. 153-VII ZRK

About the Constitutional Court of the Republic of Kazakhstan

Section 1. Constitutional court of the Republic of Kazakhstan

Chapter 1. General provisions

Article 1. Status of the Constitutional Court of the Republic of Kazakhstan

The constitutional court of the Republic of Kazakhstan (further - the Constitutional Court) provides rule of the Constitution of the Republic of Kazakhstan in all territory of the Republic of Kazakhstan.

When implementing the powers the Constitutional Court is independent and independent of citizens, the organizations, state bodies, officials, is guided by the Constitution of the Republic of Kazakhstan and this Constitutional law, abstains from establishment, research and check of other questions in all cases when it enters competence of the courts or other state bodies.

Article 2. Legislation of the Republic of Kazakhstan on the Constitutional Court

1. The status, competence, the organization and activities of the Constitutional Court are determined and regulated by the Constitution of the Republic of Kazakhstan and this Constitutional law.

2. Concerning the organization and procedure for the activities the Constitutional Court on the basis of this Constitutional law accepts Regulations of the Constitutional Court and other acts.

Article 3. Structure and procedure for forming of the Constitutional Court

1. The constitutional court consists of eleven judges, including the Chairman and his deputy.

2. The chairman of the Constitutional Court is appointed to position by the President of the Republic of Kazakhstan with the consent of the Senate of Parliament of the Republic of Kazakhstan.

3. The vice-chairman of the Constitutional Court is appointed the President of the Republic of Kazakhstan on representation of the Chairman of the Constitutional Court from among judges of the Constitutional Court.

4. Four judges of the Constitutional Court are appointed to position by the President of the Republic of Kazakhstan, on three judges of the Constitutional Court are appointed the Senate and the Majilis of Parliament of the Republic of Kazakhstan on representation of chairmen of Chambers of Parliament of the Republic of Kazakhstan.

Chapter 2. Status of judges of the Constitutional Court

Article 4. Chairman, vice-chairman and judges of the Constitutional Court

1. The chairman, the vice-chairman and judges of the Constitutional Court are persons holding responsible state position whose status is determined by the Constitution of the Republic of Kazakhstan and this Constitutional law.

2. The judgeship of the Constitutional Court is incompatible with the deputy mandate, occupation of other paid positions, except teaching, scientific or other creative activities, implementation of business activity, entry into structure of governing body or the supervisory board of the commercial organization.

The chairman and judges of the Constitutional Court shall not consist in political parties, labor unions, support any political party.

If the judge of the Constitutional Court at the time of its position assignment consists in political party, labor unions, it shall stop the membership in them within ten days from the date of its appointment.

Article 5. Requirements imposed to candidates for judges of the Constitutional Court

In structure of the Constitutional Court the citizen of the Republic of Kazakhstan not younger forty years, faultless reputation and the length of service having the higher legal education, high qualification in the field of the right by legal profession at least fifteen years can be appointed.

Article 6. Term of office of judges of the Constitutional Court

1. Powers of the Chairman and judges of the Constitutional Court last eight years. The same person cannot be appointed the judge of the Constitutional Court more than once.

2. In case of the termination of the powers the Chairman and judges of the Constitutional Court are replaced according to the procedure, established by the Constitution of the Republic of Kazakhstan and this Constitutional law.

Article 7. Oath of judges of the Constitutional Court

Judges of the Constitutional Court after the appointment take the oath of the following content: "Solemnly I swear fairly and to honesty carry out the high obligations of the judge of the Constitutional Court of the Republic of Kazakhstan assigned to me, to be impartial and in the activities to submit only Constitutions of the Republic of Kazakhstan, to provide its supremacy.".

The oath of judges of the Constitutional Court is taken according to the procedure, determined by the President of the Republic of Kazakhstan.

Article 8. Suspension of powers of the judge of the Constitutional Court

1. Powers of the judge of the Constitutional Court can be suspended in cases if:

1) the judge for health reasons is temporarily not capable to carry out the obligations more than sixty calendar days in a row;

2) in the procedure established by the law it is agreed to his detention, detention, house arrest, the drive, attraction to administrative or criminal liability;

3) there are confirmed data on the beginning of unknown absence.

2. Suspension or renewal of powers of the Chairman of the Constitutional Court is performed by the President of the Republic of Kazakhstan, and other judges of the Constitutional Court - the Chairman of the Constitutional Court. The decision on suspension of powers is made no later than one month from the date of detection of the bases for suspension of powers.

3. Powers of the judge of the Constitutional Court stop before the termination of the circumstances which formed the basis for their suspension.

4. The judge of the Constitutional Court which powers are suspended, having no right to participate in meetings of the Constitutional Court and to carry out other obligations of the judge of the Constitutional Court.

In case of determination of quorum judges whose powers are suspended are not considered.

5. Suspension of powers of the judge of the Constitutional Court does not deprive of it the guarantees established by this Constitutional law.

Article 9. Termination of powers of the judge of the Constitutional Court

1. Powers of the judge of the Constitutional Court stop owing to:

1) filing of application about dismissal at own will;

2) the terminations of nationality of the Republic of Kazakhstan or receipt of the residence permit or other document confirming the right to permanent residence in the territory of foreign state;

3) introductions in legal force of conviction of court against it;

4) recognitions its incapacitated or restrictions of his capacity to act with the judgment which took legal effect;

5) its recognitions it is unknown the absent judgment which took legal effect;

6) his death or the announcement the died judgment taken legal effect;

7) appointments with violation of the requirements established by the Constitution of the Republic of Kazakhstan and this Constitutional law;

8) violations of requirements of the Constitution of the Republic of Kazakhstan and this Constitutional law established to judges of the Constitutional Court;

9) the expirations of the term of continuance in office established by the Constitution of the Republic of Kazakhstan;

10) nonparticipations of the judge in meetings of the Constitutional Court at least three time in a row without valid excuse.

2. The termination of powers of the Chairman of the Constitutional Court is performed by the President of the Republic of Kazakhstan on the bases, stipulated in Item 1 this Article.

3. The termination of powers of judges of the Constitutional Court is performed respectively by the President of the Republic of Kazakhstan, the Senate of Parliament of the Republic of Kazakhstan, the Majilis of Parliament of the Republic of Kazakhstan on the bases provided by subitems 1), 2), 7), 8), 9) and 10) of Item 1 of this Article.

4. The termination of powers of the judge of the Constitutional Court on the bases provided by subitems 3), 4), 5) and 6) of Item 1 of this Article is performed by the Constitutional Court.

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