Article 13. The procedure and conditions for admission (passing) of qualifying exams The Law On the Supreme Judicial Council Of the Republic of Kazakhstan
1. The procedure for accepting documents, passing qualification exams in the Commission, and appealing their results is determined by the Council's regulations.
2. Excluded by the Law of the Republic of Kazakhstan dated December 20, 2021 No. 83-VII (effective ten calendar days after the date of its first official publication).
3. Persons who have previously worked as permanent judges for at least five years and who have expressed a desire to resume the position of judge within four years from the date of their dismissal shall be exempt from passing the qualification exam, with the exception of persons dismissed from the position of judge for negative reasons provided for by the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan".
4. Persons who have completed their studies and passed the qualification exam at the Academy of Justice under the Council are exempt from passing the qualification exam within four years from the date of graduation.
5. Persons specified in paragraph 2 of Article 29 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan" are not allowed to take qualification exams.
6. The result of passing the qualification exam is valid for four years from the date of passing the exam.
7. Persons who have failed psychological testing are allowed to take it again no earlier than six months later.
Persons who have not passed the other stages of the qualification exam are allowed to take them again no earlier than three months later.
8. Information about persons who have passed the qualification exam, as well as standard questions of the qualification exam, are posted on the Council's Internet resource.
9. The electronic system through which one of the stages of the examination of judicial candidates is conducted must be provided with appropriate security measures that exclude unauthorized access to information, disruption of the functioning of software and hardware tools for collecting, processing, accumulating, storing, searching and transmitting information, and disabling these tools.
In order to verify the compliance of the electronic system with the requirements specified in the first part of this paragraph, an independent assessment may be carried out, including with the involvement of foreign specialists.
9-1. Candidates are allowed to interview members of the Commission after passing a special check.
The document on the results of the special inspection is valid for one year from the date of its issuance.
10. The procedure for passing the qualification exam includes:
psychological testing;
computer testing for knowledge of the legislation of the Republic of Kazakhstan;
written essay;
verification of the applicant's ability to apply existing knowledge in practice based on solving problems simulating situations from judicial practice (solving case problems);
an interview with the members of the Commission, which can be combined with one of the stages of the qualification exam.
The procedure for passing the qualification exam is established by the decision of the Council.
The number, content, procedure for the development and list of questions of the qualification examination for the position of judge are determined by the Council.
10-1. For persons with at least fifteen years of experience in the legal profession and who are specialists in certain branches of law applying for the position of a judge of a regional court, as well as for persons with at least eighteen years of experience in the legal profession and who are specialists in certain branches of law applying for the position of a judge of the Court of Cassation in in accordance with the competition procedure provided for in the second part of paragraph 1 of Article 16 of this Law, the procedure for passing the qualification exam includes:
psychological testing;
verification of the applicant's ability to apply existing knowledge in practice based on solving problems simulating situations from judicial practice (solving case problems).
The results of passing the qualification exam specified in this paragraph are valid for participation in the competition provided for in the second part of paragraph 1 of Article 16 of this Law.
The Law of the Republic of Kazakhstan dated December 4, 2015 No. 436-V SAM.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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