Article 18. The procedure for selecting candidates for vacant positions of the Law on the Supreme Judicial Council of the Republic of Kazakhstan

Home / RLA / Article 18. The procedure for selecting candidates for vacant positions of the Law on the Supreme Judicial Council of the Republic of Kazakhstan

1. The competitive selection of candidates for vacant positions is carried out by the Council openly and publicly in conditions that exclude interference in its activities.

1-1. The procedure for the competitive selection of candidates for vacant judicial positions is determined by the regulations of the Council.

2. The main criteria for selecting candidates for vacant judicial positions are a high level of knowledge, high moral qualities and an impeccable reputation.

When holding a competition for the vacant position of chairman of the judicial board of the regional court, in addition to the criteria specified in part one of this paragraph, organizational skills are also taken into account.

Judges who have worked for at least five years in courts located in remote areas or in courts with no more than three staff members, all other things being equal, have priority in selecting candidates for equivalent positions in district courts.

Candidates for vacant judicial positions are also selected using a system of digital and evaluation criteria differentiated by categories of judicial positions, including those taking into account work in the court, prosecutor's office, and bar, determined by the Council, based on the requirements provided for by the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan" and this Law.

3. The examination of candidates for judicial positions, as well as the submission of selected candidates to the Council meeting, are carried out by the Council's Competitive Selection Committee.

The procedure for the formation and conduct of meetings of the Competitive Selection Committee is determined by the rules of procedure of the Council.

The candidate who receives at least two thirds of the votes of the Council members participating in its meeting is recognized as the winner of the competition for the vacant position.

The online broadcast of the competitive procedures, as well as the publication of explanations based on the results of their conduct, are carried out in accordance with the procedure determined by the regulations of the Council.

4. A candidate who is not a current judge and has won the competition must additionally undergo a mandatory special examination.

A special inspection is organized by the Council's staff.

Candidates with continuous public service experience and who have previously passed a special examination can submit a relevant certificate certified by the personnel department.

The document on the results of the special inspection is valid for one year from the date of its issuance.

5. If, as a result of a special audit, information is established indicating the beginning of a pre-trial investigation against the candidate who won the competition, including its termination in the future on the grounds provided for in paragraphs 1), 2), 5), 6), 7) and 8) the first part of Article 35 of the Code of Criminal Procedure In the case of such candidates, the Prosecutor's office conducts an additional check with the study of criminal case materials, the results of which are considered at a meeting of the Council.

If there are grounds preventing the appointment of a candidate who has been selected and recommended by the Council for appointment, as well as if he refuses to be appointed to a vacant position, the Council cancels the decision to make a recommendation and may recommend for appointment to the posts of a judge of the district court, chairman of the judicial board and judge of the regional court, judge of the Court of Cassation, judge of the Supreme Court. the vacant position of another candidate from among the persons who participated in the competition.

5-1. Judicial candidates can complete an internship after receiving a recommendation from the Council on appointment to a vacant position.

The recommendation of the Council is subject to review if a candidate for a judge receives a negative opinion from the plenary session of the court following the internship. The procedure for reviewing the Council's recommendation is determined by the Council's rules of procedure.

If the Council recognizes the negative conclusion of the plenary session based on the results of the internship as justified, the Council's recommendation on appointment to a vacant judicial position in respect of such a candidate is canceled, and this vacant judicial position may be:

1) the candidate who participated in the competition for this judicial position is recommended;

2) a repeat competition has been announced.

6. If, as a result of the competition, candidates have not been selected for the vacant positions submitted, the competition for such vacant positions shall be deemed invalid, and:

1) candidates who participated in the competition for judicial positions, but were not selected for them, may, with their consent, be offered judicial positions that remained unfilled following the results of the competition.;

1-1) a person who has completed his studies and passed the qualification exam at the Academy of Justice under the Supreme Judicial Council may be recommended for the position of a judge of a court located in a remote area, which remained unfilled following the results of the competition, in accordance with the procedure provided for in part three of paragraph 2 of Article 30 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan";

2) A repeat competition may be announced.

7. According to the results of the selection of candidates for vacant positions, information about the persons recommended by the results of the competition is posted on the Council's Internet resource.

The Law of the Republic of Kazakhstan dated December 4, 2015 No. 436-V SAM.

President

Republic of Kazakhstan

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