Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of August 2, 2003 No. 8

About procedure for carrying out secret vote

(as amended of the Resolution of the Plenum of the Supreme Court of the KR of February 4, 2004 No. 2)

For application of Articles 15, 16 and 17 Laws of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts" and Item 5 of the Regulations on qualification boards of judges of the Kyrgyz Republic approved by the Presidential decree of the Kyrgyz Republic of December 19, 2003 No. 414 regarding procedure for carrying out secret vote, the Plenum of the Supreme Court of the Kyrgyz Republic

decides:

1. Approve the enclosed Procedure for carrying out secret vote by the Plenum of the Supreme Court of the Kyrgyz Republic.

2. Determine that this Procedure is applied before adoption of the Supreme court rule of the Kyrgyz Republic.

 

Chairman,

Chairman of the Supreme Court

Kyrgyz Republic

 

 

N. Beyshenaliyeva

Secretary Plenuma,

judge of the Supreme Court

Kyrgyz Republic

 

 

A. Kudaybergenov

 

Approved by the resolution of the Plenum of the Supreme Court of the Kyrgyz Republic of August 2, 2003, No. 8

Procedure for carrying out secret vote

1. This Procedure determines the procedure of secret vote when electing chairmen of judicial boards and staff of judicial boards of the Supreme Court of the Kyrgyz Republic, structure of Presidium of the Supreme Court of the Kyrgyz Republic, structure of Scientific and advisory council under the Supreme Court of the Kyrgyz Republic, the secretary Plenum of the Supreme Court of the Kyrgyz Republic, members of Qualification board of judges under the Supreme Court of the Kyrgyz Republic, based on Articles 15, 16 and 17 Laws of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts".

2. For control of the course of secret vote and counting of votes the Counting board from among judges of the Supreme Court is elected.

The counting board elects the chairman and the secretary of the commission of the structure. The Counting board makes the decisions by a majority vote her members.

3. Secret vote is taken with use of bulletins.

Bulletins for secret vote are made under control of Counting board in the form established by it in the quantity corresponding to number of judges of the Supreme Court.

The bulletin contains the question which is brought up for secret vote, and possible answers (pro - the positive decision, contra the negative decision).

One bulletin is issued to each judge.

The bulletins which remained with Counting board after completion of their issue are destroyed by the chairman of Counting board in the presence of her members.

4. The Counting board enters results of secret vote in the protocol which is signed by all present her members.

The chairman of counting board or the speaker determined by the commission reports on results of secret vote at meeting. The chairman of the Supreme Court announces based on the report of Counting board the decision made by results of secret vote which is drawn up by the resolution of the Plenum of the Supreme Court without additional vote.

5. For election of chairmen of judicial boards of the Supreme Court the Chairman of the Supreme Court presents three candidacies for positions of chairmen of the relevant judicial board from among vice-chairmen of the Supreme Court.

6. For election of staff of judicial boards of the Supreme Court the Chairman of the Supreme Court represents the list of candidates to structure of each judicial board from among judges of the Supreme Court.

7. For election of judges in structure of Presidium of the Supreme Court the list of candidates from each judicial board of the Supreme Court is created.

From judicial board on criminal and administrative cases and judicial board on civil cases can be chosen on two judges of the Supreme Court, and from judicial board on economic delamodin the judge of the Supreme Court.

Candidates for inclusion in the list are proposed by chairmen of judicial boards of the Supreme Court after discussion them in the relevant judicial board.

The list of candidates is created proceeding from the principle one candidate for one place.

8. For election of structure of Scientific and advisory council under the Supreme Court the Chairman of the Supreme Court represents the list of candidates from among judges of the Supreme Court and other persons.

The list of candidates for election in structure of Scientific and advisory council is created proceeding from the principle one candidate for one place.

9. For election of the secretary Plenum of the Supreme Court the Chairman of the Supreme Court presents one candidacy from among judges of the Supreme Court.

10. For election of four members of Qualification board of judges under the Supreme Court from among judges of the Supreme Court the Chairman of the Supreme Court presents four candidacies on which vote is performed by the single list.

11. For election of four members of Qualification board of judges under the Supreme Court from among the candidacies presented by chairmen of the regional and equated to them courts the list for vote in which all candidates proposed in members of board, except for persons who declared rejection which is accepted without vote are entered is created.

Vote and counting of votes are performed on each candidate separately. Four candidates which got the maximum number of votes at the same time are considered as the elected to structure of board more than a half of the judges who took part in vote shall vote for them.

If as a result of vote the necessary number of persons (4 members of board) is not elected, additional vote on the candidates which did not gather necessary poll is taken.

If several candidates gathered equal poll and after their election the necessary number of persons (four members of board) will be exceeded, on these candidates repeated vote is taken.

 

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