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LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 2015 No. 436-V ZRK

About the Supreme Judicial Council of the Republic of Kazakhstan

(as amended on 03-07-2020)

Chapter 1. General provisions

Article 1. Status and legal basis of activities of 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.

2. The legal basis of activities of Council are the Constitution of the Republic of Kazakhstan, the Constitutional law determining judicial system and the status of judges of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

3. Council has the device which is legal entity.

4. Maintenance costs of Council and its device are financed from the republican budget.

5. Activities of the office of Council are regulated by the legislation of the Republic of Kazakhstan and regulations of Council. Workers of the office of Council are government employees. The limit of the number of staff of the office of Council affirms the President of the Republic of Kazakhstan.

6. The chief of staff of Council is appointed the President of the Republic of Kazakhstan and is the secretary of Council for position.

7. The regulations on the office of Council affirm the President of the Republic of Kazakhstan.

8. Intervention in activities of Council when implementing of the powers by it is not allowed.

9. The chairman and members of council have no right to interfere with activity of the courts and judges on administration of law.

Article 2. Basic principles of activities of Council

Council performs the activities on the basis of the principles of independence, legality, collective nature, publicity and impartiality.

Article 3. Powers of Council

1. Council:

1) provides guarantees of independence and immunity of judges;

2) on competitive basis is performed by candidate screen for vacant post of the chairman, judge of the district and equated to it court (further - district court), the chairman of judicial board, the judge of the regional and equated to it court (further - regional court), judges of the Supreme Court:

following the results of tender recommends to the President of the Republic of Kazakhstan candidates for appointment to vacant position of the chairman and the judge of district court, the chairman of judicial board and the judge of regional court;

following the results of tender recommends to the President of the Republic of Kazakhstan the candidate for vacant position of the judge of the Supreme Court for submission to the Senate of Parliament;

3) considers on representation of the Chairman of the Supreme Court candidacies for vacancies of chairmen of regional courts, chairmen of judicial boards of the Supreme Court:

recommends to the President of the Republic of Kazakhstan candidates for vacant positions of chairmen of regional courts, chairmen of judicial boards of the Supreme Court for position assignment;

4) considers the candidacy for vacant post of the Chairman of the Supreme Court:

recommends to the President of the Republic of Kazakhstan the candidate for vacant position of the Chairman of the Supreme Court for submission to the Senate of Parliament;

5) considers questions of the termination of powers of the Chairman, chairmen of judicial boards and judges of the Supreme Court, chairmen, chairmen of judicial boards and judges of local and other courts in the form of resignation, the resignation termination:

considers questions of release from posts of judges of local and other courts in cases of reorganization, abolition of court, reduction of number of judges of the relevant court if they do not agree to occupation of vacant position of the judge in other court, and also in case of refusal the judge from transfer in other court, on other specialization in the case provided by the subitem 4) of Item 1 of article 44 of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan";

considers questions of release from posts of chairmen, chairmen of judicial boards of local and other courts in cases of reorganization, abolition of court, the expiration of powers if they do not agree to occupation of vacant position of the judge in other court, and also in case of refusal the chairman of justices, the chairman of judicial board from transfer in other court, on other specialization in the case provided by the subitem 4) of Item 1 of article 44 of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan";

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