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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of December 23, 2015 No. 137

About measures for enhancement of activities of the Supreme Judicial Council of the Republic of Kazakhstan

(as amended on 10-09-2019)

According to Items 3, of the 7th article 1 of the Law of the Republic of Kazakhstan "About the Supreme Judicial Council of the Republic of Kazakhstan" I DECIDE:

1. Create public institution "Office of the Supreme Judicial Council of the Republic of Kazakhstan".

2. Approve enclosed:

1) Regulations on the Office of the Supreme Judicial Council of the Republic of Kazakhstan (further - the Device);

2)  No. 880 is excluded according to the Presidential decree of the Republic of Kazakhstan of 18.03.2019;

3) changes and additions which are made to some presidential decrees of the Republic of Kazakhstan.

3. To the government of the Republic of Kazakhstan together with Administration of the President of the Republic of Kazakhstan, Administration of the President of the Republic of Kazakhstan, the Supreme Judicial Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan to take other measures following from this Decree.

4. To impose control of execution of this Decree on Administration of the President of the Republic of Kazakhstan.

5. This Decree becomes effective since January 1, 2016.

President of the Republic of Kazakhstan

N. Nazarbayev

Approved by the Presidential decree of the Republic of Kazakhstan of December 23, 2015 No. 137

Regulations on the Office of the Supreme Judicial Council of the Republic of Kazakhstan

1. General provisions

1. The office of the Supreme Judicial Council of the Republic of Kazakhstan (further - the Device) is the state body performing information and analytical, organization-legal, material logistics of activities of the Supreme Judicial Council of the Republic of Kazakhstan (further - Council).

2. The device performs the activities according to the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "About the Supreme Judicial Council of the Republic of Kazakhstan", acts of the President and the Government of the Republic of Kazakhstan, this Provision, and also other regulatory legal acts.

3. The device is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The device enters the civil relations from own name.

5. The device has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

6. The chief of staff on the questions carried to its competence publishes orders.

7. The structure of the Device affirms the Chairman of the board. The general number of staff of the Device affirms the President of the Republic of Kazakhstan.

8. Legal address of the Device: 010000, Republic of Kazakhstan, Nour-Sultan's city, area Esil, Prospekt Mang_l_k El, house 8, entrance 1B.

9. Full name of the Device - public institution "Office of the Supreme Judicial Council of the Republic of Kazakhstan".

10. This Provision is the constituent document of the Device.

11. Financing of activities of the Device is performed from the republican budget.

12. The device is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of the Device.

2. Mission, main objectives, functions, rights and obligations of the Device

13. The mission of the Device consists in creation of conditions for activities of Council.

14. The main objective of the Device is information and analytical, organization-legal, material logistics of activities of Council.

15. Functions:

1) information and analytical, organization-legal providing the Chairman and members of council on the questions affecting powers of Council;

2) material logistics of activities of Council;

3) according to the legislation implementation of measures on financial and to material logistics of activities of the Qualification commission under Council;

4) preparation of information to the President of the Republic of Kazakhstan about work of Council and condition of personnel work in judicial system;

5) ensuring preparation of meetings of Council;

6) ensuring (control) execution of the decisions made by Council;

6-1) organization of work of Council for providing guarantee of independence and immunity of judges;

7) the organization of carrying out competitive selection by Council on occupation of vacant position 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;

8) preliminary consideration of documents of persons participating in tender on occupation of vacant position of the chairman, judge of district court, the chairman of judicial board, the judge of regional court, the judge of the Supreme Court regarding their compliance to qualifying standards;

9) preparation of analytical and other materials on the organizational and personnel and other questions submitted for consideration of Council, including for consideration by Council:

representations of the Chairman of the Supreme Court concerning candidates for vacant positions of chairmen of regional courts, chairmen of judicial boards of the Supreme Court;

candidates for vacant position of the Chairman of the Supreme Court;

candidates for vacant position of the judge of the Supreme Court in out-of-competition procedure;

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;

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";

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