Article 13. The Court of the Center of the Constitutional Law of the Republic of Kazakhstan On the Astana International Financial Center
1. Judicial review of disputes provided for in paragraph 4 of this article is carried out only by the court of the Center, which aims to protect the rights, freedoms and legitimate interests of the parties, ensuring the enforcement of the applicable law of the Center.
2. The Court of the Center is independent in its activities and is not part of the judicial system of the Republic of Kazakhstan.
3. The Court of the Center consists of two instances: the court of first instance and the Court of Appeal.
3-1. The Chairman and judges of the Center's court are appointed and dismissed by the President of the Republic of Kazakhstan on the recommendation of the Center's Governor.
4. The Court of the Center does not carry out criminal and administrative proceedings and has exclusive jurisdiction over:
1) consideration and resolution of disputes arising between the participants of the Center, the bodies of the Center and (or) their foreign employees;
2) consideration and resolution of disputes concerning any operation carried out in the Center and subject to the law of the Center;
3) consideration and resolution of disputes submitted to the court of the Center by agreement of the parties.
5. The Court of the Center is guided in its activities by the resolution of the Council "On the Court of the Astana International Financial Center", which should be based on the procedural principles and norms of England and Wales and (or) the standards of the world's leading financial centers.
The resolution of the Council "On the Court of the Astana International Financial Center" defines the composition of the court, the procedure for appointing and dismissing court officials, qualification requirements for judges and officials of the court and other issues related to the functioning of the court of the Center.
6. When resolving disputes, the Center's court is guided by the applicable law of the Center, and may also take into account the decisions of the Center's court on specific disputes that have entered into force and decisions of courts of other common law jurisdictions that have entered into force.
7. The decisions of the Center's Court of Appeal are final, non-appealable, and binding on all individuals and legal entities.
8. The execution of decisions of the court of the Center in the Republic of Kazakhstan is carried out in the same manner and under the same conditions as the execution of judicial acts of the courts of the Republic of Kazakhstan. At the same time, the translation of the Center's court decisions into Kazakh or Russian must be ensured in accordance with the procedure established by the Center's acts.
9. The execution of decisions of the courts of the Republic of Kazakhstan on the territory of the Center is carried out in accordance with the legislation of the Republic of Kazakhstan.
10. The Court of the Center has exclusive competence to interpret the norms of the acts of the Center.
Constitutional Law of the Republic of Kazakhstan dated December 7, 2015 No. 438-V SAM.
President
Republic of Kazakhstan
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