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Home / Constitutional law / Article 1. Judicial power of the Constitutional Law On the Judicial System and the Status of Judges of the Republic of Kazakhstan

Article 1. Judicial power of the Constitutional Law On the Judicial System and the Status of Judges of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. Judicial power of the Constitutional Law On the Judicial System and the Status of Judges of the Republic of Kazakhstan

     1. Judicial power in the Republic of Kazakhstan belongs only to the courts, represented by permanent judges, as well as jurors involved in criminal proceedings in cases and in accordance with the procedure provided for by law.

     Justice in the Republic of Kazakhstan is administered only by the court.

     It is prohibited to issue legislative acts providing for the transfer of the exclusive powers of the court to other bodies.

     No other bodies or persons have the right to assume the powers of a judge or the functions of judicial power.

     Appeals, applications, and complaints that are subject to judicial review may not be reviewed or monitored by any other authorities, officials, or other persons.

     2. Judicial power is exercised on behalf of the Republic of Kazakhstan and has as its purpose the protection of the rights, freedoms and legitimate interests of citizens and organizations, ensuring the implementation of the Constitution, laws, other normative legal acts, international treaties of the Republic.

     Everyone is guaranteed judicial protection from any unlawful decisions and actions of State bodies, organizations, officials and other persons that infringe on or restrict the rights, freedoms and legitimate interests provided for by the Constitution and laws of the Republic.

     No one can be deprived of the right to have his case examined in compliance with all the requirements of the law and justice by a competent, independent and impartial court.

     Judicial power is exercised through civil, criminal and other forms of legal proceedings established by law.

     3. Judges are independent in the administration of justice and obey only the Constitution and the law. It is not allowed to adopt laws or other regulatory legal acts that detract from the status and independence of judges.

     Any interference in the activities of the court in the administration of justice is unacceptable and entails liability under the law. Judges are not accountable for specific cases. Appeals in court cases filed contrary to the established procedure of legal proceedings, as well as on issues outside the jurisdiction of the court, are left without consideration by the court or sent to the relevant authorities.

     Showing disrespect to a court or judge entails liability established by law.

     Judicial acts and demands of judges in the exercise of their powers are binding on all State bodies and their officials, individuals and legal entities. Failure to comply with judicial acts and requirements of a judge entails liability established by law.

 

Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 No. 132.

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Republic of Kazakhstan     

 

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