On Judicial System and Status of Judges in the Republic of Kazakhstan

Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 N 132

Unofficial translation

Section I. General Provisions

Article 1. Judicial Power

      1. Judicial power in the Republic of Kazakhstan belongs only to the Courts in the face of permanent judges, and jurors engaged in the criminal court proceedings in the cases and procedure stipulated by the Law.
      Justice in the Republic of Kazakhstan shall be administered only by a Court.
      It is prohibited to issue any legislative acts providing for transfer of exclusive powers of a Court to any other bodies.
      No other bodies or persons shall have the right to assume the powers of a judge or the functions of judicial power.
      Petitions, applications and complaints, which are subject to consideration in the course of Court proceedings, may not be considered or monitored by any other bodies, officials or other persons.
      2. Judicial power shall be exercised on behalf of the Republic of Kazakhstan and is intended to protect the rights, freedoms and lawful interests of individuals and organizations, and to ensure the implementation of the Constitution, laws, other regulatory legal acts, and international treaties of the Republic.
      Everyone shall be guaranteed with judicial defense against any unlawful decisions and acts of state bodies, organizations, officials and other persons which infringe or restrict the rights, freedoms and lawful interests provided by the Constitution and the Laws of the Republic.
      No one may be deprived of the right to have his case considered in compliance with all the requirements of the law and fairness by a competent, independent and impartial court.
      Judicial power shall be exercised by means of civil and criminal court proceedings and other forms of court proceedings established by the Law.
      3. In the administration of justice, judges shall be independent and subordinate only to the Constitution and the Law. It shall not be allowed to adopt any laws or other regulatory legal acts impairing the status and independence of judges.
      Any interference in the court's activity concerning administration of justice shall not be allowed and shall entail liability pursuant to the law. Judges shall not be accountable for specific cases. Petitions on court cases filed against the established order legal proceedings, as well as on matters not within the competence of the court, shall be left by the court without consideration or they shall be sent to the appropriate authorities.
      Contempt of court or judge shall entail liability stipulated by the law.
      Court decisions and demands of judges in exercising their powers shall be binding on all state bodies and their officials, natural persons and legal entities. Failure to execute court decisions and demands of a judge shall entail liability stipulated by the law.
      Footnote. Article 1, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007).

Article 2. Symbols of State Power

      1. The State Flag of the Republic of Kazakhstan and an image of the State Emblem of the Republic of Kazakhstan shall be set up and placed on court buildings and in the courtrooms.
      2. Judges shall administer justice in their gowns, design and description of which shall be approved by the Plenary of the Supreme Court.
      Footnote. Article 2, as amended by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 3. The Judicial System

      1. The judicial system of the Republic of Kazakhstan shall consist of the Supreme Court of the Republic of Kazakhstan, local and other courts established in accordance with the Constitution of the Republic of Kazakhstan and this Constitutional Law.
      The establishment of special and emergency courts under any name shall not be permitted.
      2. The Local Courts shall include:
      1) Regional courts and courts equivalent to them (the city court of the Republic's capital, city courts of the cities of Republic's significance);
      2) District courts and courts equivalent to them (a city court, inter district court).
      3. Other courts, including the specialized courts (martial, commercial, administrative, juvenile, and others) may be founded in the Republic of Kazakhstan.
      3-1. Specialized courts shall be formed by the President of the Republic of Kazakhstan to the status of the regional or district court.
      4. The Supreme Court of the Republic of Kazakhstan and local courts shall have a seal depicting the State Emblem of the Republic of Kazakhstan and their names.
      Footnote. Article 3, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007) from 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 4. The Unity of the Judicial System

      The unity of the judicial system of the Republic of Kazakhstan shall be ensured by:
      1) the principles of justice general and uniform for all courts and judges and established by the Constitution, this Constitutional Law, procedural and other laws;
      2) the exercise of judicial power within the forms of court proceedings uniform for all courts and established by the laws;
      3) the application of the current law of the Republic of Kazakhstan by all courts;
      4) the legislative enactment of the single status of judges;
      5) the obligatory enforcement of judicial acts which have entered into legal force throughout the entire territory of Kazakhstan;
      6) the financing of all courts only from the Republic budget.

Article 5. Legislation Determining Procedure of the Activity of Courts and Status of the Judges in the Republic of Kazakhstan

      Judicial system and status of the judges, as well as the procedure of the Administration of Justice in the Republic of Kazakhstan shall be determined by the Constitution, Constitutional Law, and other legislative acts of the Republic of Kazakhstan.

Section II. The Judicial System

Chapter 1. District Courts and Courts Equivalent to Them

Article 6. Establishment of District Courts and Courts Equivalent to Them

      1. District courts and courts equivalent to them (hereinafter - the district courts) shall be established, reorganized and abolished by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court agreed with the Supreme Judicial Council.
      The President of the Republic of Kazakhstan may establish one district court in several administrative-territorial areas, or several district courts in one administrative-territorial area.
      2. The total number of judges for the district courts shall be approved by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court agreed with the Supreme Judicial Council.
      3. The number of judges for each district court shall be established by the Chairman of the Supreme Court with the agreement of the Supreme Judicial Council on the basis of proposal of the authorized body on the organizational and logistical support of the Supreme Court activity, local and other vessels (hereinafter - the authorized body).
      Footnote. Article 6 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. The Composition of a District Court

      1. A district court shall consist of the chairman and judges to be appointed in the procedure stipulated by the Constitution and this Constitutional Law.
      If there is one judge on the staff of a district court (one-member court), he shall exercise the powers of the chairman of the court.
      2. (is deleted by the Constitutional Law of the Republic of Kazakhstan of December 11, 2006 N 199 (shall be enforced on January 1, 2007).
      Footnote. Article 7, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007

Article 8. The Powers of a District Court

      1. A district court shall be a court of first instance.
      2. A district court shall:
      1) consider court cases and materials referred to its jurisdiction;
      2) (is deleted by the Constitutional Law of the Republic of Kazakhstan of December 11, 2006 N 199 (shall be enforced on January 1, 2007);
      3) exercise other powers stipulated by the Law.
      Footnote. Article 8, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007).

Article 9. Chairman of a District Court

      1. The chairman of a district court shall be a judge and alongside with performance of the functions of a judge he shall:
      1) resolve the issues of the organization of legal proceedings in court;
      2) carry out general management of the district court registry;
      3) receive individuals;
      4) organize internships of candidates for position of a judge;
      5) provide the work on anti-corruption and compliance with the rules of judicial ethics;
      6) issue orders; and
      7) exercise other powers granted to him by the law.
      2. In the temporary absence of the chairman of a district court, his duties shall be assigned to one of the judges of that court pursuant to the order of the chairman of that court.
      In the absence of the chairman and the judges of the district court, their duties may be assigned to the judges of another court by the order of the chairman of a regional court.
      In the case of early termination or expiration of the term of office of a district court chairman, the interim duties of the chairman shall be assigned to one of the judges of the court by the order of the Chairman of a Regional Court.
      Footnote. Article 9, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007) from 17.11.2008 N 80-IV (the order of implementation, see Article 2), from 29.12. 2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2.Regional Courts and Courts Equivalent to Them

Article 10. Establishment of Regional Courts and Courts Equivalent to Them

      1. Regional courts and courts equivalent to them (hereinafter - the regional courts) shall be established, reorganized and abolished by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court agreed with the Supreme Judicial Council.
      2. The total number of judges for the regional courts shall be approved by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court agreed with the Supreme Judicial Council.
      The number of judges for each Regional Court shall be established by the Chairman of the Supreme Court with the agreement of the Supreme Judicial Council on the basis of proposal of the authorized body.
      Footnote. Article 10 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 11. The Structure and Composition of a Regional court

      1. A regional court shall consist of the Chairman and Judges.
      2. The judicial collegiums and specialized panels shall be set up by a regional court.
      Note of the Republican Centre of Legal Information (hereinafter - RCLI)!
      Item3 shall be provided in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced on 07.01.2012).
      3.The bodies of the Regional Court shall be as follows:
      1) the plenary session;
      2) judicial collegium of appeal;
      3) judicial collegium of cassation.
      Judicial collegium shall be headed by the Chairman, assigned to the position in the procedure stipulated by this Constitutional Law.
      4. Numerical and personnel membership of the judicial collegium shall be determined by the plenary session of the Regional Court pursuant to the proposal of the Chairman of the Regional Court.
      5. Specialized panels shall be formed by the Chairman of the Regional Court.
      Footnote. Article 11is in the wording of the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 12. Powers of a Regional Court

      A Regional Court shall:
      1) consider court cases and materials referred to its jurisdiction;
      2) (is excluded by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007);
      3) study judicial practice and based on the results of summarizing it, consider the issues of keeping the law by the courts of the region when administering justice;
      4) supervise the activities of the territorial divisions of the authorized body in the region and the cities of Astana and Almaty;
      5) exercise other powers stipulated by the law.
      Footnote. Article 12, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.11.2006 N 199 (shall be enforced on January 1, 2007), from 29.12.2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication), from 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 13. Collegiums of a Regional Court

      Footnote. Article 13 is deleted by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 14. The Chairman of a Regional court

      1. The chairman of a Regional Court shall be a judge, and alongside with performance of the duties of a judge he shall:
      1) resolve the issues of the organization of legal proceedings in court;
      Note of the RCLI!
      Item 1 is provided to be added with sub-item 2) in accordance with the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced on 01.07.2012).
      3) convene and chair plenary sessions of the regional court;
      4) support the work to anti-corruption and compliance with the rules of judicial ethics;
      5) based on the conclusion of the plenary session of the court, send to the Supreme Judicial Council an opinion on the internship results of a candidate for the judge's position;
      6) approve a work plan for a regional court;
      7) organize study of judicial practice;
      8) issue orders;
      9) carry out general management of the regional court registry, courts of cities of Astana and Almaty;
      10) personally receive individuals; and;
      11) exercise other powers stipulated by the law.
      Note of the RCLI!
      Article 14 is provided to be added with items2,3 in accordance with the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced on 07.01.2012).
      Footnote. Article 14 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15. Chairman of a Collegium of a Regional Court

      1. The chairman of the judicial collegium of a regional court shall be a judge, and alongside with performance of the duties of a judge he shall:
      1) resolve the issues of the organization of legal proceedings in the judicial collegium;
      2) chair the sessions of the judicial collegium;
      3) organize work on studying and summarizing of judicial practice;
      4) submit information to a plenary session of the court concerning the activity of the judicial collegium; and
      5) exercise other powers stipulated by the law.
      2. The chairman of the judicial collegium of appeal shall make suggestions to the chairman of a regional court on the formation of specialized panels in the judicial collegium of appeal.
      3. In the temporary absence of the chairman of the judicial collegium, the chairman of the court shall assign his duties to one of the judges of the collegium.
      In the case of early termination or expiration of the term of office of a judicial collegium chairman of a regional court, his interim duties shall be assigned to the judge of the corresponding judicial collegium of a regional court by the chairman of the regional court.
      Footnote. Article 15 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16. Plenary Session of a Regional Court

      1. Whenever necessary, but no less than twice a year, the regional court shall hold plenary sessions, on which it shall:
      1) establish the numerical and personnel membership of the corresponding collegium;
      2) (is deleted by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2);
      3) hear information of the chairman of the regional court and the chairmen of the judicial collegiums;
      4) discuss the judicial practice and based on the results of summarizing it, consider the issues of keeping the law by the regional courts when administering justice;
      5) issue his consent to the authorized body for appointment of a person to the position of an administrator of the territorial divisions of the authorized body in the region and the cities of Astana and Almaty;
      6) hear report of the administrator of the territorial divisions of the authorized body in the region and the cities of Astana and Almaty on his activity;
      7) consider candidates for vacant position of the chairman of a district court and issue corresponding opinions based on its results;
      8) submit his proposal to dismiss the administrator of the territorial divisions of the authorized body in the region and the cities of Astana and Almaty to the authorized body;
      9) consider results of internship of the candidates for the position of a judge and submit the corresponding opinion;
      9-1) discuss the issue of transfer of the materials in the Trial jury against the judge, who has a low quality of justice, or who has committed systematic violations of the law in hearing of cases, and issue corresponding decision based on the results of discussion; and
      10) exercise other powers stipulated by the law.
      2. A plenary session shall be quorate if no less than two thirds of the total number of the judges of the regional court attends it.
      3. The procedure of work of a plenary session of a regional court shall be determined by the rules approved by it.
      Footnote. Article 16, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007) from 17.11.2008 N 80-IV (the order of implementation, see Article 2), from 29.12. 2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication), from 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. The Supreme Court of the Republic of Kazakhstan

Article 17. The Powers of the Supreme Court

      1. The Supreme Court shall be the highest judicial body for civil, criminal and other cases which are in the jurisdiction of the local and other courts, and shall supervise their activity within the procedural forms provided for by the law and give clarifications concerning issues of judicial practice.
      2. The Supreme Court shall:
      1) consider the court cases and materials referred to its jurisdiction;
      2) study the judicial practice, and based on the results of its summarizing, consider the issues of keeping the law by the courts of the Republic when administering justice;
      3) issue regulatory resolutions and provide explanations on the issues of judicial practice;
      3-1) form personnel reserve for the posts of chairmen and chairmen of judicial collegiums of local and other courts, judges and judicial collegiums of the Supreme Court (hereinafter - personnel reserve);
      4) exercise other powers stipulated by the law.
      3. The order of formation and organization of work with personnel reserve shall be approved by the Chairman of the Supreme Court.
      Footnote. Article 17, as amended by the Constitutional Laws of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order implementation, see Article 2) from 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 18. The Structure and Composition of the Supreme Court

      1. The Supreme Court shall consist of the Chairman and Judges.
      The total number of Supreme Court judges shall be established by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court.
      2. The judicial collegiums and specialized panels shall be set up by the Supreme Court.
      3. The bodies of the Supreme Court shall be as follows:
      1) the plenary session;
      2) the supervisory collegium for civil and administrative cases;
      3) the supervisory collegium for criminal cases.
      Judicial board shall be headed by the Chairman, appointed to the post in the procedure stipulated by this Constitutional Law.
      4. The numerical and personnel membership of the judicial collegium shall be determined by the plenary session of the Supreme Court pursuant to the proposal of the Chairman of the Supreme Court.
      5. Specialized panels shall be formed by the Chairman of the Supreme Court.
      6. The research advisory council and printed organ shall be formed with the Supreme Court.
      Footnote. Article 18 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order implementation, see Article 2).

Article 19. The Collegiums of the Supreme Court

      Footnote. Article 19 is deleted by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 20. The Chairman of the Supreme Court

      1. The Chairman of the Supreme Court shall be a judge, and alongside with performance of the duties of a judge he shall:
      1) head the Supreme Court as a high judicial body;
      2) have the right to chair the meetings of the judicial collegiums and specialized panels;
      3) convene and chair plenary sessions of the Supreme Court;
      4) submit to a plenary session of the Supreme Court materials for consideration, in order for the Supreme Court to issue regulatory resolutions on issues of judicial practice and proposal for the reconsideration of judicial acts in the order of supervision on the grounds stipulated by law;
      5) nominate for approval of a plenary session of the Supreme Court candidates for the positions of a secretary of a plenary session of the Supreme Court and members of the research advisory council;
      6) when necessary, assign judges of one judicial collegium to consider cases in the panel of another judicial collegium;
      6-1) provide the work on anti-corruption and compliance with the rules of judicial ethics
      7) approve plan of work of the Supreme Court;
      8) coordinate work of the collegiums;
      8-1) establish the number of judges for each local and another court with the agreement of the Supreme Court Council
      9) submit for approval of the President of the Republic of Kazakhstan Regulation son the authorized body;
      9-1) approve the structure and staff list of the authorized body within the limit of the staff number approved by the President of the Republic of Kazakhstan in the procedure stipulated by law;
      9-2) appoint and dismiss the head of the authorized body and his deputies in the procedure stipulated by law;
      10) personally receive individuals; and
      11) issue orders.
      2. The Chairman of the Supreme Court shall represent the interests of the judicial system of the Republic in mutual relations with the bodies of other branches of state power of the Republic and international organizations, shall:
      1) (is deleted by the Constitutional Law of the Republic of Kazakhstan of 29.12.2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication;
      2) submit for consideration of the corresponding plenary sessions of the courts on an alternative basis the candidatures for vacant posts of the chairmen and chairmen of the judicial collegium of local and other courts, the chairmen of the judicial collegiums and judges of the Supreme Court;
      3) propose on the alternative basis, the candidatures for vacant posts of the chairmen of district courts to the Supreme Judicial Council, based on the opinions of plenary sessions of the regional courts;
      3-1) based on the opinions of plenary sessions of the Supreme Court, propose on the alternative basis the candidatures for posts of the chairmen and chairmen of the judicial collegiums of the regional courts, the chairmen of the judicial collegiums and judges of the Supreme Court to the Supreme Judicial Council;
      4) submit to President of the Republic of Kazakhstan his proposals to improve the legislation;
      5) if any grounds stipulated in this Constitutional Law arise, submit to the Supreme Judicial Council, his proposals and materials concerning discharge of chairmen, chairmen of judicial collegiums and judges of the Republic's courts;
      6) submit to the President of the Republic of Kazakhstan his proposals concerning awarding state awards and confer honorary titles to judges and employees of an authorized body;
      7) confer to judges the title of Honorary Judge, and approve the Regulations on the Procedure of Conferring of this Title;
      8) (is deleted by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced from 01.01.2007); and
      9) exercise other powers stipulated by the law and other regulatory legal acts.
      3. In the temporary absence of the Chairman of the Supreme Court, his duties shall be assigned to one of the chairmen of the judicial collegiums, pursuant to an order of the Chairman of the Supreme Court.
      In the absence of chairmen of judicial collegiums the interim duties of the Chairmen shall be assigned to one of the judges of the Supreme Court pursuant to the order of the Chairman of the Supreme Court.
      4. If the Chairman of the Supreme Court retires or is dismissed early otherwise, the President of the Republic of Kazakhstan shall temporarily assign the Chairman's duties to one of the chairmen of the judicial collegiums (a judge) of the Supreme Court.
      Footnote. Article 20, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007) from 17.11.2008 N 80-IV (the order of implementation, see Article 2), from 29.12. 2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 21. Chairman of a Judicial Collegium of the Supreme Court

      Footnote. The title of Article 21, as amended by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).
      1. The chairman of a collegium of the Supreme Court shall be a judge, and alongside with performance of the duties of a judge he shall:
      1) chair the sessions of the judicial collegium;
      1-1) resolve the issues of the organization of legal proceedings in the judicial collegium;
      2) organize work on studying and summarizing of the judicial practice;
      3) ensure preparation by judges of the corresponding documents for consideration at a plenary session of the Supreme Court;
      4) submit information to a plenary session of the Supreme Court concerning the activity of the judicial collegium;
      4-1) personally receive individuals; and
      5) exercise other powers stipulated by the law.
      2. In the temporary absence of the chairman of the judicial collegium, his duties shall be assigned to one of the judges of the judicial collegium, pursuant to the order of the Chairman of the Supreme Court.
      In the case of early termination or expiration of the term of office of a judicial collegium chairman of the Supreme Court, his interim duties shall be assigned to the judge of the corresponding judicial collegium of the Supreme Court pursuant to the order of the Chairman of the Supreme Court.
      Footnote. Article 21, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007) from 17.11.2008 N 80-IV (the order of implementation, see Art. 2), from 16.02. 2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 22. Plenary Session of the Supreme Court

      1. A plenary session of the Supreme Court shall:
      1) establish the numerical and personnel membership of the corresponding judicial collegiums pursuant to the proposal of the Chairman of the Supreme Court;
      2) study the judicial practice and based on the results of summarizing it, consider the issues of keeping the law by the courts of the Republic when administering justice;
      3) issue regulatory resolutions, provide explanations on the issues of judicial practice and submit proposals to improve the legislation;
      3-1) consider in the order of supervision the legal cases in accordance with the law;
      4) hear the information of the judicial collegiums’ chairmen of the Supreme Court and the head of the authorized body;
      5) issue its opinion in the case stipulated by item 2 of Article 47of the Constitution of the Republic of Kazakhstan;
      6) discuss candidates for vacant positions of the chairmen and the chairmen of the judicial collegiums of the regional courts, the chairmen of the judicial collegiums and the judges of the Supreme Court, and issues corresponding opinions;
      7) approve the secretary of a plenary session and members of the research advisory council, pursuant to a proposal of the Chairman of the Supreme Court and elect by secret ballot the Trial jury;
      7-1) discuss the issue of transfer of the materials in the Trial jury against the judge, who has a low quality of justice, or who has committed systematic violations of the law in hearing of cases, and issue corresponding decision based on the results of discussion;
      7-2) approve the form and a description of the judge's gown
      8) exercise other powers stipulated by the law.
      2. A plenary session shall be quorate if no less than two thirds of the total number of the judges of the Supreme Court attends it.
      3. The procedure of work of a plenary session of the Supreme Court shall be determined by the rules approved by it.
      Footnote. Article 22, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007) from 17.11.2008 N 80-IV (the order of implementation, see Article 2), from 29.12. 2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Section 3. The Status of Judges

Chapter 1. The Legal Status of Judges

Article 23. The Status of a Judge

      1. Judges of all Courts of the Republic of Kazakhstan shall have a uniform status and shall differ among themselves only by their powers.
      A judge shall be an officer of the state vested in the procedure established by the Constitution of the Republic of Kazakhstan and this Constitutional Law with the power to administer justice, shall carry out his duties on a permanent basis, and shall be a bearer of judicial power.
      The legal status of judges shall be determined by the Constitution of the Republic of Kazakhstan, this Constitutional Law and other laws.
      2. A judge may not be assigned any non-judicial functions and duties, which are not stipulated by the law. A judge may not be a member of state structures on issues of crime control, and keeping the law and peace.
      Footnote. Article 23, as amended by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. Irremovability of a Judge

      1. Judges shall be elected or appointed in accordance with the Constitution of the Republic of Kazakhstan and this Constitutional Law and vested with the power on a permanent basis.
      2. Powers of the judges may be terminated or suspended only on the grounds and in the procedure stipulated this Constitutional Law and other laws of the Republic of Kazakhstan.
      Footnote. Article 24, as amended by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 25. Independence of a Judge

      1. Independence of a judge shall be protected by the Constitution and the law. In the administration of justice judges shall be independent and subordinate only to the Constitution of the Republic of Kazakhstan and the Law.
      2. No one may interfere in the administration of justice or exert any influence over a judge or jurors. Such acts shall be prosecuted according to the law.
      3. A judge shall not be obliged to provide any explanations on the essence of considered or sub judicial court cases. Secrecy of retiring room must be secured in all cases without any exceptions.
      4. Financing of courts, financial and social security of judges and providing them with housing, shall be provided by the national budget in the amount sufficient for a full and independent administration of justice.
      Footnote. Article 25, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007).

Article 26. Guarantees of Judge's Independence

      1. The independence of a judge shall be ensured by the following:
      1) the procedure stipulated by the Law for the administration of justice;
      2) the liability stipulated by the Law for any interference in the judge's activity associated with the administration of justice and for contempt of court and judges;
      3) the inviolability of a judge;
      4) the procedure stipulated by the Constitution and this Constitutional Law for the election, appointment, termination and suspension of the powers of a judge, and the judge's right to resign; and
      5) the provision to judges, at the expense of the state, of financial support and social security appropriate to their status, and prohibition to deteriorate it.
      2. Judges, members of their family and their property shall be under the protection of the state. Internal Affairs Agencies shall take timely and exhaustive measures to provide for security of a judge and members of his family, safety of their property, if the judge files the corresponding application.
      Any harm inflicted to a judge and his property in connection with his professional activity shall be reimbursed from the national budget.
      Footnote. Article 26, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007).

Article 27. The Inviolability of Judges

      1. A judge may not be arrested, taken into custody, subjected to administrative punishments imposed in the judicial procedure, or charged with criminal liability without the consent of the President of the Republic of Kazakhstan, based on the opinion of the Supreme Judicial Council, and in the case stipulated by sub-item 3 of Article 55 of the Constitution, without the consent of the Senate of the Parliament of the Republic of Kazakhstan, except for cases of detention at the scene of the crime or the commission of a serious crime. Inviolability of judges includes the inviolability of his person, property, residential and office premises occupied by him, personal and official vehicles used by him, documents, baggage and other property belonging to him.
      2. A criminal case against a judge may be initiated only by the General Prosecutor of the Republic of Kazakhstan. Special operational-search measures against a judge may be held only with the approval of the prosecutor
      3. A judge shall be issued an ID card in the procedure established by the President of the Republic of Kazakhstan.
      Footnote. Article 27, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007).

Article 28. Requirements to a Judge

      1. A judge shall be obliged:
      1) to strictly observe the Constitution and Laws of the Republic of Kazakhstan and be faithful to the oath of a judge;
      2) in carrying out his constitutional duties associated with the administration of justice, and in unofficial relations, to comply with the requirements of judicial ethics and to avoid anything which might denigrate the authority or dignity of the judge or cause doubts about his honesty, fairness, objectivity and impartiality;
      3) to oppose any attempts of corruption and illegal interference in his activity associated with the administration of justice; and
      4) to observe the secret of judges' council.
      2. The office of a judge shall be incompatible with a deputy's mandate, any paid position except teaching, research or other creative activity, business activity, or being a member of the management body or supervisory board of a commercial organization. Judges may not be members of parties or trade unions, and may not come out in support or opposition of any political party.
      Footnote. Article 28, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007).

Article 29. Requirements to Candidate Judges

      1. A citizen of the Republic of Kazakhstan may be appointed as a judge of a district court who:
      is at least twenty-five years of age;
      has a higher education in Law, an impeccable reputation, and has a working experience in legal profession of not less than two years;
      has passed the qualifying examination.
      Persons who have completed specialized education in magistracy shall be exempt from the examination within five years from the date of graduation;
      has passed medical examination and confirmed the absence of diseases preventing the execution of professional duties of a judge;
      has successfully passed an internship in a court and has received a positive opinion of a plenary session of a court.
      Persons who have completed education in a specialized magistracy shall not be required to pass an internship within five years from the date of graduation.
      2. A citizen may be appointed as a judge of a regional court who meets the requirements of item 1 of this Article, has a working experience in legal profession of not less than fifteen years or has a working experience as a judge of not less than five years and has received the opinion of the plenary session of the corresponding regional court.
      The opinion of the plenary session of the corresponding regional court for serving judges shall not be required.
      The opinion of the plenary session of the corresponding regional court may be appealed to the plenary session of the Supreme Court.
      The opinion of the plenary session of the corresponding regional court or the Supreme Court shall be proposed by the candidate to the Supreme Judicial Council.
      3. A citizen may be appointed as a judge of the Supreme Court who meets the requirements of item 1 of this Article, has a working experience in legal profession of not less than twenty years or has a working experience as a judge of not less than ten years and has received a positive opinion of the plenary session of the Supreme Court.
      4. Candidates for position of a judge work shall pass an internship in court on a permanent basis. Conditions and procedure of passing an internship by a candidate judge shall be determined by the Regulations to be approved by the President of the Republic of Kazakhstan.
      Footnote. Article 29 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007), as amended by the Constitutional Laws of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2) from 29.12.2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication), from 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 29-1. Medical Examination of a Candidate for Position of a Judge

      1. To confirm that a candidate for judge does not have diseases which prevent the execution of professional duties of a judge, he shall pass a medical examination.
      2. The list of diseases, which prevent the execution of professional duties of a judge, shall be established by the joint regulatory legal act of the authorized body for organizational and material support of the Supreme Court activity, local and other courts, and the authorized body in health care.
      Footnote. The Law is supplemented by Article 29-1 in accordance with the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007), as amended by the Constitutional Laws of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2), from 29.12.2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 30. Selection of Candidates for Position of a Judge, Chairman and Chairman of the Judicial Collegium of a Court

      Footnote. The title is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
      1. Candidates for the position of a judge shall guarantee equal right for the position irrespective of their background, social and property status, race and ethnic origin, sex, political views, religious beliefs, and any other circumstances.
      2. Selection of candidates for the vacant positions of judges of local and other courts shall be carried out by Supreme Judicial Council on a competitive basis from among persons applying for the vacant positions and meeting the requirements of Article 29 of this Constitutional Law.
      The Supreme Judicial Council based on the results of the competition shall recommend the candidates for the vacant positions of judges of local and other courts to the President of the Republic of Kazakhstan for appointment to positions.
      3. A candidate for the vacant position of a chairman of a district court shall be considered by the Supreme Judicial Council on a competitive basis pursuant to a proposal of the Chairman of the Supreme Court submitted by it on the basis of the plenary session’s opinion of the corresponding regional court.
      Candidates for the vacant positions of chairmen and chairmen of the judicial collegiums of the regional courts, chairmen of the judicial collegiums and judges of the Supreme Court shall be considered on a competitive basis by the Supreme Judicial Council pursuant to a proposal of the Chairman of the Supreme Court submitted by it on the basis of plenary session’s decision of the Supreme Court.
      Candidates for the vacant position of chairman of a district court, chairmen and chairmen of judicial collegiums of the regional courts shall be usually recommended from among current judges or persons who have work experience as a judge not less than five years.
      A candidate for the position of the Chairman of the judicial collegium of the Supreme Court shall be recommended from among the judges of the Supreme Court.
      The Supreme Judicial Council shall recommend candidates for the vacant position of chairmen, chairmen of judicial collegiums of local and other courts, chairmen of judicial collegiums of the Supreme Court to the President of the Republic of Kazakhstan for appointment to positions.
      A candidate for the position of the Chairman of the Supreme Court shall be considered by the Supreme Judicial Council.
      The Supreme Judicial Council shall recommend candidates for the vacant positions of the chairman, a judge of the Supreme Court to the President of the Republic of Kazakhstan for introduction to the Senate of the Parliament of the Republic of Kazakhstan.
      Footnote. Article 30 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order implementation, see Art. 2), as amended by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 31. Procedure for Vesting Powers in a Judge

      1. Judges of the Supreme Court of the Republic of Kazakhstan shall be elected by the Senate pursuant to the proposal of the President of the Republic of Kazakhstan based on the recommendation of the Supreme Judicial Council.
      2. Judges of local and other courts shall be appointed to office by the President of the Republic of Kazakhstan pursuant to the recommendation of the Supreme Judicial Council.
      3. Chairmen of judicial collegiums of local and other courts, chairmen of judicial collegiums of the Supreme Court shall be appointed by the President of the Republic of Kazakhstan pursuant to the recommendation of the Supreme Judicial Council based on the proposal of the Chairman of the Supreme Court and opinion of the plenary session of the Supreme Judicial Council for a five-year term.
      4. The Chairman of the Supreme Court shall be elected by the Senate pursuant to the proposal of the President of the Republic of Kazakhstan based on the recommendation of the Supreme Judicial Council for a five-year term.
      5. Chairmen of local and other courts shall be appointed by the President of the Republic Kazakhstan pursuant to the recommendation of the Supreme Judicial Council of the Republic of Kazakhstan for a five-year term.
      6. (is deleted by Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2);
      7. Upon expiry of their term in office, chairmen and chairmen of the judicial collegiums of local and other courts, the Chairman and chairmen of the judicial collegiums of the Supreme Court shall continue performing the powers of the judge of the corresponding court, unless they have been appointed or elected correspondingly to a similar position in another court.
      In the absence of the vacant positions of judges in the corresponding court, chairmen and chairmen of the judicial collegiums of local and other courts which have not been appointed to a similar position in another court, based on their consent judges of an equivalent or lower court shall be submitted for appointment to the vacant position without a competition.
      In the absence of the vacant positions of judges in the Supreme Court the Chairman and chairmen of the judicial collegiums of the Supreme Court, based on their consent judges of a lower court shall be submitted for appointment to the vacant position without a competition.
      8. In reorganizing or abolishing of a court, reducing the number of judges of the corresponding court, the judges of this court may be submitted with their consent for appointment to the vacant position of a judge of an equivalent or lower court without a contest.
      Footnote. Article 31, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007), from 17.11.2008 N 80-IV (the order of implementation, see Art. 2), from 16.02. 2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 32. The Judge's Oath

      1. A person elected or appointed to the position of a judge for the first time shall take the following oath:
      "I solemnly swear to carry out my duties honestly and conscientiously, to administer justice subject only to the Constitution and the Laws of the Republic of Kazakhstan and to be impartial and fair as my duty of a judge tells me."
      2. The Chairman and judges of the Supreme Court shall take the oath at a session of the Senate of the Parliament of the Republic of Kazakhstan.
      3. (is deleted by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).
      4. A person appointed to the position of a chairman, chairman of a judicial collegium and judge of a regional court, chairman and judge of a district court for the first time shall take the oath at a plenary session of a regional court.
      In appointing a judge, the oath shall not be taken repeatedly by the chairman or the chairman of judicial collegium or the judge of another court.
      Footnote. Article 32, as amended by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 33. Suspension of the Powers of a Judge

      1. The powers of a judge shall be suspended if:
      1) the judge has been registered as a candidate for the President of the Republic of Kazakhstan, for a deputy of the Parliament or Maslikhats of the Republic of Kazakhstan;
      2) having entered into force, the judge has been recognized as missing by a court decision;
      3) a consent has been given to charge the judge with criminal liability;
      3-1)there is a decision of Trial jury on the necessity of termination of the powers of a judge on the grounds provided by sub-item 11) of item 1 of Article 34 of this Constitutional Law;
      3-2) is deleted by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication); and
      4) in case of his transfer to another job.
      2. The powers of a judge shall be suspended:
      by the President of the Republic of Kazakhstan with regard to the Chairman of the Supreme Court;
      by the Chairman of the Supreme Court with regard to all other judges of the Republic.
      2-1.In suspending powers of a judge his powers of a chairman or the chairman of the judicial collegium of the corresponding court shall be suspended.
      3. The powers of a judge shall be renewed if the circumstances, which served as the grounds for making decision to suspend the powers of a judge, are no longer relevant.
      Footnote. Article 33, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007) from 17.11.2008 N 80-IV (the order of implementation, see Art. 2), from 16.02. 2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 34. Discharge from Office and Termination of Powers of a Judge

      1. The grounds for termination of the powers of a judge are as follows:
      1) judge's resignation
      2) judge's discharge from office pursuant to his own wish;
      3) state of health impeding further performance of professional duties, in accordance with a medical opinion;
      4) entering into legal force of a court decision recognizing the judge as legally incapable or restrictedly incapable, or applying compulsory measures of a medical nature to him;
      5) entering into legal force of a conviction in respect of this judge;
      6) loss of citizenship of the Republic of Kazakhstan;
      7) death of the judge or entering into legal force of a court decision recognizing him as deceased;
      8) appointment, election of the judge to another position or his transfer to another job;
      9) abolishing or reorganizing of the court, reducing the number of judges of the corresponding court, expiry of the term of office if the judge does not agree to take up the vacant position of a judge at another court;
      10) abolishing or reorganizing of the court, reducing the number of judges of the corresponding court, if the chairman of the judicial collegium not agree to take up the vacant position of a judge at another court;
      11) the decision of the Trial jury on non-compliance of judge with his position due to professional incompetence, necessity for discharge from position of a judge for the commitment of disciplinary misconducts or failure to meet the requirements stipulated in Article 28 of this Constitutional Law;
      12) coming of retirement or limit age of being in office of a judge.
      2. The powers of the chairman, the chairman of the judicial collegium of the court may be terminated early pursuant to his own wish or failure to meet the requirements stipulated in Articles 9, 14, 15, 20, 21 and 28 of this Constitutional Law.
      3. Decision to discharge a judge from office shall be made by:
      1) a resolution of the Senate of the Parliament of the Republic of Kazakhstan, with regard to the Chairman and judges of the Supreme Court, pursuant to the proposal of the President of the Republic of Kazakhstan;
      2) a decree of the President of the Republic of Kazakhstan, with regard to the chairmen of judicial collegiums of the Supreme Court, chairmen, chairmen of judicial collegiums and judges of local and other courts.
      4. Discharge from office of a judge shall entail termination of powers of the chairman or chairman of a judicial collegium of the corresponding court at the same time.
      Discharge from office of the chairman or chairman of a judicial collegium of the corresponding court pursuant to their wish or upon expiry of the term of office shall not entail their discharge from office as a judge of such court except for the cases stipulated by item 7 of Article 31 of this Constitutional Law.
      5. Grounds for termination of office of judges stipulated by sub-items 5) and 11) of item 1 of this Article shall be recognized as negative motives.
      Footnote. Article 34 is in the wording of Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 34-1. The Limit Age of Tenure in the Position of a Judge

      1. When a judge achieves the retirement age stipulated by the Law of the Republic of Kazakhstan, the further tenure in the position of a judge till reaching the age limit by him shall be allowed by the Chairman of the Supreme Court with the consent of the Supreme Judicial Council.
      2. Tenure in the position of a judge shall be allowed till reaching the age limit of 65 years by him, which in exceptional cases may be prolonged for not more than five years in the procedure stipulated by item 1 of this Article. "
      Footnote. Chapter 1 Section 3 is amended by Article 34-1in accordance with the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Art. 2), is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 35. Resignation of a Judge

      1. Resignation shall be recognized as a special form of termination of powers of the judge who has an impeccable reputation, experience of judicial work not less than fifteen years, with retaining after him the title of a judge, belonging to the judicial community, guarantees of personal inviolability and other material and social guarantees stipulated by this Constitutional Law.
      A judge shall be discharged from office in the form of resignation pursuant to the written application of the judge about resignation.
      2. When retiring a judge shall be paid lump-sum severance allowance in the amount of twenty-four-month official salaries with the experience of judicial work of twenty or more years, with experience of judicial work from fifteen to twenty years in the amount of eighteen-month official salaries according to the latest position.
      3. A judge's resignation shall be terminated in the following cases:
      - he commits a crime or misdemeanor which brings the authority of the judiciary into disrepute;
      - at his own wish;
      - loss of citizenship of the Republic of Kazakhstan;
      - his death or entering into legal force of a court decision recognizing him as deceased;
      Resignation of judge shall be suspended if he carries out an entrepreneurial activity, is a member of an administrative body or supervisory board of a commercial organization, and takes up any paid position, except teaching, research and creative activity.
      - Suspense of judge’s resignation shall be carried out by the Chairman of the Supreme Court
      - Resignation of judge shall be renewed if the circumstances, which served as the grounds for making decision to suspend the resignation of a judge, are no longer relevant.
      4. In the event of termination of resignation the judge shall be deprived of guarantees of personal inviolability and guarantees stipulated by Articles 51, 53 and 55 of this Constitutional Law.
      In suspending resignation of judge, the validity of the guarantee of personal inviolability and guarantees provided by Articles 51, 53 and 55 of this Constitutional Law shall be also suspended.
      5. Termination of resignation shall be carried out in the same procedure as the discharge of a judge from office due to resignation.
      Footnote. Article 35 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007), as amended by the Constitutional Laws of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation see Article 2) from 29.12.2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication), from 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 35-1. Pension Provision of a Judge

      1. Pension provision of a judge shall be carried out in the order and conditions stipulated by the legislation of the Republic of Kazakhstan on Pension Provision.
      2. Compulsory pension contributions shall be established additionally for judges from the national budget in the amount stipulated by the legislation of the Republic of Kazakhstan on Pension Provision.
      When discharging a judge from office on negative grounds, the referred contributions shall be taken to the national budget
      Footnote. Article 35-1 is amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007).

Article 36. The Supreme Judicial Council

      1. The Supreme Judicial Council shall consist of the Chairman, secretary and other members to be appointed to office by the President of the Republic of Kazakhstan
      2. Status and organization of work of the Supreme Judicial Council shall be determined by the law.
      Footnote. Article 36 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 37. Judicial Community and its Bodies

      1. In order to exercise and protect common interests of judicial community, judges shall have the right to create public associations.
      2. Judicial associations shall, where necessary, represent and protect interests of their members in the procedure established by the legislation and may not influence the administration of justice, and shall not pursue any political goals.

Article 38. Disciplinary and Qualification Collegiums of Judges

      Footnote. Article 38 is deleted by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 38-1. Trial Jury

      1. Trial Jury shall be formed in order to determine the professional competence of the current judge, confirm the right of the judge to resign and terminate resignation, and consider the issue of institution of disciplinary proceedings or disciplinary cases against judges.
      Trial Jury shall consist of eleven members - three judges of district courts, of three judges of regional courts and five judges of the Supreme Court.
      2. The grounds for consideration of the materials by the Trial Jury against a judge shall be the decision of the plenary session of the region or the Supreme Court or the proposal of the chairman of the region, or the Chairman of the Supreme Court.
      The procedure of forming and organizing the work of the Trial Jury, and the procedure for consideration of the materials of disciplinary cases at the Trial Jury shall be determined by the Regulations approved by the President of the Republic of Kazakhstan.
      Footnote. Article 38-1 is amended by the Constitutional Law of the Republic of Kazakhstan of December 11, 2006 N 199 (shall be enforced on January 1, 2007) is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2. Disciplinary Liability of Judges

Article 39. Grounds for Disciplinary Liability of Judges

      1. A judge may be charged with disciplinary liability:
      1) for breaching the law in the consideration of court cases;
      2) for committing a misdemeanor which contradicts judicial ethics; and
      3) for a gross breach of the labor discipline.
      2. Chairmen of courts and chairmen of judicial collegiums of courts may be charged with disciplinary liability for improperly carrying out their official duties as stipulated by this Constitutional Law.
      3. The reversal or amendment of a judicial act shall not entail per se the liability of the judge, unless he committed gross violations of the law, which are indicated in a judicial act of a higher court instance.
      Footnote. Article 39, as amended by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 40.s of Penalties Applied to a Judge

      1. The following disciplinary penalties may be applied to judges:
      1) notice;
      2) reprimand;
      3)is deleted by the Constitutional Law of the Republic of Kazakhstan of 29.12.2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      4) discharge of the chairman of a court or chairman of a judicial collegium from office for the improper performance of official duties;
      5) discharge of a judge from office on the grounds stipulated by this Constitutional Law.
      2. Only one disciplinary penalty shall be imposed for each breach subject to the nature of the disciplinary misdemeanor, data on the judge's personality and degree of his guilt.
      Footnote. Article 40, as amended by the Constitutional Laws of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2) from 29.12.2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 41. Right to Initiate Disciplinary Proceedings

      Footnote. Article 41 is deleted by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 42.Deadlines for the Institution and Consideration of a Disciplinary Case

      1. Disciplinary proceedings against a judge may be initiated not later than three months after the discovery of the misdemeanor, not counting the time of official investigation and the judge's absence at work for a good reason, but not later than one year after the misdemeanor was committed.
      The day of the discovery of a disciplinary misdemeanor related to breach by a judge of the law when considering a court case, shall be the day of entering into legal force of the judicial act of a higher court instance, which has established the fact of breach of the law, and the day of committing such misdemeanor shall be the day of issuing of the illegal judicial act.
      2. A disciplinary case must be considered within two months of the date of its institution.

Article 43. Agencies for the Consideration of Disciplinary Cases

      Footnote. Article 43 is deleted by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 44.Decisions Made on Disciplinary Cases

      1. The Trial Jury on a disciplinary case and when considering materials concerning the judge whose professional qualification is in question, shall issue one of the following decisions:
      1) that a disciplinary penalty be imposed which is stipulated by item 1 of article 40 of this constitutional Law;
      2) that the disciplinary proceedings be terminated;
      3) that the judge is compliant with the occupied position;
      4) that the necessary measures to be taken to improve the professional qualification of a judge (the direction of a judge on training, the establishment of mentoring over the judge, the organization of an internship in a higher court and etc.);
      5) that the judge is non-compliant with the occupied position due to professional incompetence.
      2. The decision of the Trial Jury shall be the grounds for submitting by the Chairman of the Supreme Court to the Supreme Judicial Council of the corresponding proposal on the discharge of the chairman, the chairman of judicial collegium and a judge from office.
      3. The refusal of the Supreme Judicial Council to give recommendations for discharge of the chairman, the chairman of judicial collegium and a judge from office shall be the grounds for reversal by the trial jury of the issued by it decision, and its reconsideration.
      Footnote. Article 44 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 45. Term of a Disciplinary Penalty

      1. If for one year from the date of imposition of a penalty, a judge is not subjected to another disciplinary penalty, he shall be deemed not to have been subjected to any disciplinary penalty.
      2. Upon the expiry of six months from the date of imposition of a disciplinary penalty, the penalty may be remitted early by the Trial Jury if the judge's behavior has been irreproachable and the judge's attitude towards his duties has been conscientious.
      Footnote. Article 45, as amended by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 46. Appealing against Decisions of Disciplinary and Qualification Collegiums

      Footnote. Article 46 is deleted by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. Financial Support and Social Security for Judges

Article 47. Financial Support for Judges

      1. Financial support for a judge must conform to his status and ensure the possibility of full and independent administration of justice, and may not be reduced.
      2. Judges' remuneration shall be determined by the President of the Republic of Kazakhstan in accordance with sub-item 9) of Article 44 of the Constitution taking into account the status of a judge, the procedure of his appointment and election, and carrying out his functions.
      Footnote. Article 47, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007).

Article 48. Qualificationes of Judges

      Footnote. Article 48 is deleted by the Constitutional Law of the Republic of Kazakhstan of 29.12.2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 49. Judges' Annual Leave

      Judges shall be granted annual leave of thirty calendar days with payment of a recuperation allowance in the amount of two official salaries.

Article 50. Compensation for Relocation

      Judges who are assigned (elected) or reassigned (re-elected) from one region of Kazakhstan to another and members of their families shall be paid the relocation costs actually incurred in full.
      Footnote. Article 50, as amended by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 51. Housing Provision

      Footnote. The title of Article 51 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2)
      1. Housing shall be provided to judges from the funds of the national budget.
      2. Judge and members of his family shall, a head of the queue but within six months from the day of assumption of his office, be provided comfortable housing as applies to the specific area from the state housing fund based on the norms excluding referring a judge to the category of individuals who need to improve their housing conditions. Official housing is occupied for permanent residence by a judge who has been working as a judge for more than ten years and may be purchased by him at its residual value if the judge wishes.
      3. If a judge has been discharged from office, he and his family members may not be evicted from official housing without being granted other housing.

Article 52. Providing Gowns to Judges

      Judges of all courts shall be provided with judge's gowns from the funds of the national budget.

Article 53. Medical Care for Judges

       1. Judges and members of their families who live together with them shall be supplied with medical care at the relevant state health care institutions in the established procedure.
       2. The procedure and conditions of medical care for judges shall be stipulated by the Government of the Republic of Kazakhstan.
      Footnote. Article 53, as amended by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 54 Compensations in case of injury (trauma, wound, contusion, and professional disease) or fate (death) of a judge

       1.If a judge receives an injury (trauma, wound, contusion, and professional disease) while performing of his official duties he shall be paid lump-sum compensation in the amount established by this article.
       2. In the event of fate (death) of a judge while performing official duties or within one year after termination of the judge’s powers due to injury (trauma, wound, contusion, and professional disease), which has been received while performing official duties, the persons entitled to compensation shall be paid a lump sum compensation in the amount of sixty-month official salary according to the latest occupied position.
       3. In determining disability to a judge, which occurred as a result of injury (trauma, wound, contusion, and professional disease), which has been received while performing official duties, he shall be paid lump sum compensation in the amount:
      1) for the disabled person of the Group I-thirty-month official salary;
      2) for the disabled person of the Group II - eighteen-month official salary;
      3) for the disabled person of the Group III - six-month official salary.
       4. If a judge while performing his official duties receives a serious injury (trauma, wound, contusion, and professional disease) which has not entailed the establishment of disability, he shall be paid a lump sum compensation in the amount of six-week official salary, slight injury - a half month's official salary.
       5.The payment procedure of lump-sum compensation shall be determined by the Government of the Republic of Kazakhstan.
       6. Lump-sum compensation shall not be paid if in the procedure established by legislation of the Republic of Kazakhstan, it is proved that injury (trauma, wound, contusion, and professional disease) or fate (death) of the judge occurred due to circumstances irrelevant to the performance of official duties.
      Footnote. Article 54 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 N 199 (shall be enforced on January 1, 2007).

Article 55. Compensation of Funeral Costs

       Lump-sum monetary compensation in the amount of three-month judge's salary at the corresponding office as of the moment of the judge's death shall be paid for the funeral of deceased or dead judges and pensioners who retired from the office of judge.
      The payment procedure of lump-sum monetary compensation shall be determined by the Government of the Republic of Kazakhstan.
      Footnote. Article 55, as amended by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Article 55-1. Deprivation of Judges of Guarantees on Material and Social Security

      Footnote. Article 55-1 is amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 ? 199 (shall be enforced on January 1, 2007); is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Section 4. Support for Courts' Activity

       The judge upon termination of his powers by a decision of the Trial Jury due to commission of a crime or misdemeanor, which brings the authority of the judiciary into disrepute, failure to comply with the requirements of judicial ethics and failure to comply with other requirements stipulated in Article 28 of this Constitutional Law and according to the decision on professional incompetence shall be deprived of:
      1) the right for resignation and the guarantees of personal inviolability;
      2) all the material and social guarantees, stipulated in Articles 51, 53, 54 and 55 of this Constitutional Law. "

Article 56. Organizational, Financial and Technical Support for Courts' Activity

      1. Organizational, financial and technical support for the activity of the Supreme Court, local and other courts, provision of legal statistical documentary information to the authorized body in the field of legal statistics and special accounts in accordance with the legislation of the Republic of Kazakhstan shall be carried out by the authorized body, created by the President of the Republic of Kazakhstan.
       2. The unified system of an authorized body shall be formed by the relevant state body and the territorial divisions of the authorized body in the regions and the cities of Astana and Almaty.
       3. The competence of the authorized body shall be determined by a regulation approved by the President of the Republic of Kazakhstan.
       4. The structure and list of staff of an authorized body shall be approved by the Chairman of the Supreme Court in the procedure stipulated by the legislation within the staff number limit approved by the President of the Republic of Kazakhstan.
       5. The legal status and remuneration of employees of an authorized body shall be regulated by the legislation of the Republic of Kazakhstan on Public Service.
      Footnote. Article 56 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 29.12.2010 ? 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication), as amended by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 ? 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 57. The Financing of Courts

       1. The Supreme Court, local and other courts of the Republic of Kazakhstan shall be financed from the funds of the national budget.
       2. Budget of the Supreme Court, local and other courts must fully provide for the courts' exercise of their constitutional powers.
      Footnote. Article 57, as amended by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 N 80-IV (the order of implementation, see Article 2).

Section 5. Concluding and Interim Provisions

Article 58. Legislative Acts Deemed to Have Lost Force

       The following shall be deemed to have lost force:
      1. Law of the Kazakh SSR On Judicial System of the Kazakh SSR dated November 23, 1990 (Bulletin of the Supreme Soviet of the Kazakh SSR, 1990, No. 48, Article 443; Bulletin of the Supreme Court of the Republic of Kazakhstan, 1992, No. 8, Article 206; No. 11-12, Article 293; 1993, No. 8, Article 161; 1995, No. 23, Article 140).
       2. Resolution of the Supreme Soviet of the Kazakh SSR On the Procedure of Giving Effect to the Law of the Kazakh SSR On Judicial System of the Kazakh SSR dated November 23, 1990 (Bulletin of the Supreme Soviet of the Kazakh SSR, 1990, No. 48, Article 444).
       3. Edict No. 1545 of the President of the Republic of Kazakhstan Having Force of Law On Organizational Issues of Activity of the Supreme Court of the Republic of Kazakhstan dated February 7, 1994 (Collection of Acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, 1994, No. 6, Article 62).
       4. Edict No. 1670 of the President of the Republic of Kazakhstan Having Force of Law On Further Measures to Increase the Level of Financial and Social Support for Judges of the Courts of the Republic of Kazakhstan dated 18 April 1994 (Collection of Acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, 1994, No. 18, Article 182).
       5. Edict No. 2125 of the President of the Republic of Kazakhstan Having Force of Law On the Procedure of Forming Lower Courts of the Republic of Kazakhstan dated March 17, 1995 (Collection of Acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, 1995, No. 10, Article 113).
       6. Edict No. 2581 of the President of the Republic of Kazakhstan Having Force of Law On Courts of the Republic of Kazakhstan dated October 20, 1995 (Bulletin of the Supreme Court of the Republic of Kazakhstan, 1995, No. 21, Article 128; No. 22, Article134).
       7. Edict No. 2694 of the President of the Republic of Kazakhstan Having Force of Constitutional Law On Courts and Status of Judges in the Republic of Kazakhstan dated December 20, 1995 (Bulletin of the Supreme Court of the Republic of Kazakhstan, 1995, No. 23, Article 147; Bulletin of the Parliament of the Republic of Kazakhstan, 1997, No. 7, Article 78; No. 11, Article 156; No. 13-14, Article 194; 1999, No.4, Article 100; No. 23, Article 915; 2000, No. 10, Article 231).

Article 59. Giving Effect to this Constitutional Law and Related Peculiarities of Judges' Activity

       1. This Constitutional Law shall be enforced from the day of its official publication, except for item 2 of Article 11, Article 13, item 2 of Article 18, Article 19, Article 30 and part two of item 2 of Article 36, which shall be enforced according to adoption of the corresponding legislation, but not later of July 1, 2001.
       2. The current chairmen and judges of the courts of the Republic, who were appointed or elected to their offices, shall retain their powers before this Constitutional Law is enforced.
       3. The five-year term of powers of the courts' chairmen, who were elected or appointed to their offices, shall be calculated from the moment of their election or appointment before this Constitutional Law is enforced.
       4. Chairmen of judicial collegiums of the regional courts and courts equivalent to them as well as of the Supreme Court of the Republic of Kazakhstan shall retain their powers before collegiums of the courts of the Republic of Kazakhstan, which are stipulated by this Constitutional Law, are formed.

      President of
      the Republic of Kazakhstan