PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of April 1, 2025 No. 826

About some questions of implementation of the Constitutional law of the Republic of Kazakhstan of July 5, 2024 "About modification and amendments in some constitutional laws of the Republic of Kazakhstan"

For the purpose of implementation of the Constitutional law of the Republic of Kazakhstan of July 5, 2024 "About modification and amendments in some constitutional laws of the Republic of Kazakhstan" I DECIDE:

1. Create republican public institution "Department of courts of cassation of Judicial administration of the Republic of Kazakhstan".

2. Make changes and addition to the following presidential decrees of the Republic of Kazakhstan:

1) in the Presidential decree of the Republic of Kazakhstan of June 26, 2001 No. 643 "About approval of the provisions provided by the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan":

in Regulations on the Commission on quality of justice under the Supreme Court of the Republic of Kazakhstan approved by the above-named Decree:

state Item 5 in the following edition:

"5. The commission consists of nine members - four judges of the regional and equated to them courts (further - regional court), two judges of courts of cassation, one judge of the Supreme Court of the Republic of Kazakhstan (further - the Supreme Court) and two judges in resignation.";

state Item 7 in the following edition:

"7. In structure of the Commission the Chairman and chairmen of judicial boards of the Supreme Court, chairmen of courts of cassation, chairmen and chairmen of judicial boards of regional courts cannot be elected, judges are members of the Supreme Judicial Council of the Republic of Kazakhstan (further - the Supreme Judicial Council), the commissions on judicial ethics of branches of the Union of judges of the Republic of Kazakhstan and Judicial jury under the Supreme Judicial Council.";

to state paragraph two of Item 8 in the following edition:

"At the same time half of members of the commission from the relevant degree of jurisdiction, including from regional courts and courts of cassation, except for one judge of the Supreme Court and two judges in resignation, are renominated every year.";

state Item 9 in the following edition:

"9. Candidates from among judges of regional courts are elected from among the candidates recommended by the enlarged plenary sessions of regional courts.

Candidates from among judges of courts of cassation are elected from among the candidates recommended by the plenary sessions of courts of cassation.

Candidates from among judges of the Supreme Court and judges in resignation are represented on alternative basis by the Chairman of the Supreme Court.

The candidate who gathered the greatest poll of members of enlarged plenary session of the Supreme Court by means of open or secret vote is considered the electee.";

state Items 38 and 39 in the following edition:

"38. The copy of the legal decision of the Commission concerning the judges who passed assessment of professional activity of the judge within five calendar days from the date of its acceptance goes to the relevant regional court, court of cassation and the Supreme Court.

39. The copy of the legal decision of the Commission on recognition of the judge not corresponding to post owing to professional unfitness, about transfer in other court with smaller loading, in subordinate court within five calendar days goes for data to the relevant regional court, court of cassation, the Supreme Court, and also the judge on whom the decision is made.";

state Item 41 in the following edition:

"41. The documents provided by Regulations of the Commission concerning the judge, the chairman of district court and the judge of regional court are represented to the Commission by the chairman of regional court, concerning the judge of court of cassation - the chairman of court of cassation, concerning the chairman and the chairman of judicial board of regional court, the chairman of court of cassation, the judge and the chairman of judicial board of the Supreme Court, and also judges who earlier stopped the powers in connection with appointment as their President of the Republic of Kazakhstan to positions - the Chairman of the Supreme Court.";

2) in the Presidential decree of the Republic of Kazakhstan of January 19, 2023 No. 106 "About some questions of Judicial administration of the Republic of Kazakhstan":

in the Regulations on Judicial administration of the Republic of Kazakhstan approved by the above-named Decree:

To add the list of the territorial subdivisions which are under authority of Judicial administration in the line, sequence number 22, of the following content:

"22. Republican public institution "Department of courts of cassation of Judicial administration of the Republic of Kazakhstan.".

3. To the Supreme Court and Judicial administration of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to take measures for implementation of this Decree.

4. This Decree becomes effective from the date of its signing, except for the subitem 1) of Item 2 of this Decree which becomes effective since July 1, 2025.

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