Article 29. Requirements for candidates for judges of the Constitutional Law on the Judicial System and the Status of Judges of the Republic of Kazakhstan
1. A citizen of the Republic of Kazakhstan may be appointed a judge of a district court.:
1) who has reached the age of thirty;
2) having a higher legal education, high moral and moral qualities, an impeccable reputation and at least five years of work experience in the legal profession;
3) who has passed the qualification exam (a person who has completed his studies and passed the qualification exam at the Academy of Justice under the Supreme Judicial Council is exempt from taking the exam within four years from the date of graduation);
4) who has passed a medical examination and confirmed the absence of diseases that impede the performance of professional duties of a judge;
5) who has successfully completed a paid internship in court in isolation from his main job and received a positive opinion from the plenary session of the court following the internship (a person who has completed his studies and passed the qualification exam at the Academy of Justice under the Supreme Judicial Council is exempt from the internship within four years from the date of graduation);
6) who has passed a polygraph examination in cases stipulated by the Law of the Republic of Kazakhstan "On the Supreme Judicial Council of the Republic of Kazakhstan".
The requirements provided for in subparagraphs 5) and 6) of part one of this paragraph do not apply to candidates who are current judges.
2. A person cannot be a judge.:
1) recognized by the court as legally incompetent or with limited legal capacity;
2) who, within three years prior to participating in the competition for the position of judge, was brought to disciplinary responsibility for disciplinary misconduct discrediting the civil service. At the same time, a person who has been dismissed for disciplinary misconduct discrediting the civil service cannot be appointed a judge.;
3) for whom, within three years before participating in the competition for the position of judge, an administrative penalty was imposed in court for committing a corruption offense;
4) in respect of whom, within three years prior to participating in the competition for the position of judge, a court verdict was passed for committing a criminal offense or who was released from criminal liability for committing a criminal offense on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or article 36 of the Criminal Codethe Procedural Code of the Republic of Kazakhstan;
5) previous criminal record;
6) released from criminal liability for the commission of a crime on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;
7) dismissed for negative reasons from the position of a judge, from law enforcement agencies, special state bodies and courts, from military service, as well as in other cases provided for by the laws of the Republic of Kazakhstan.
3. Failure to provide or intentional distortion of the information specified in paragraph 2 of this Article is the basis for refusal to appoint a judge or to participate in a competition to fill a vacant position of judge.
4. A judge of a regional court may be a citizen who meets the requirements of paragraph 1 of this article, has at least fifteen years of experience in the legal profession, or has worked as a judge for at least five years.
4-1. A judge of the court of cassation may be a citizen who meets the requirements of paragraph 1 of this article, has at least eighteen years of experience in the legal profession, or at least eight years of experience as a judge, including at least three years of experience as a judge of a regional court.
5. A citizen who meets the requirements of paragraph 1 of this Article and has at least twenty years of experience in the legal profession may be a judge of the Supreme Court, including at least ten years of experience as a judge, including five years of experience as a judge of a regional court, and who has received the opinion of the plenary session of the Supreme Court.
The conclusion of the plenary session is advisory in nature.
The requirements for seniority, internship, passing a qualification exam, and the need to conclude a plenary session of the Supreme Court do not apply to a candidate for the position of Chairman of the Supreme Court, as well as in the cases provided for in part nine of paragraph 4 of Article 30 of this Constitutional Law.
6. The participants of the competition for the position of judge of the district court must receive the conclusions of the Council for Cooperation with the Courts and the plenary session of the regional court at their place of work.
The participants in the competition for the positions of chairman of the judicial board and judge of the regional court, judges of the Court of Cassation must receive the conclusions of the Council for Cooperation with the Courts and the plenary session of the Supreme Court, the Regional Court, and the Court of Cassation, respectively, at their place of work.
The requirement of this paragraph on the need to obtain the opinion of the plenary session of the regional court applies only to candidates who are current judges, as well as persons who previously held the position of judge.
The participants in the competition for the position of a judge of the Supreme Court must also receive an opinion from the Council for Cooperation with the Courts at their place of work.
The conclusions of the Council for Cooperation with the Courts and the plenary session are advisory in nature.
7. Participation in the competition for the vacant judicial position is not allowed.:
1) a judge, if less than one year has passed since the date of lifting the disciplinary penalty provided for in subitems 2) and 4) of paragraph 1 of Article 40 of this Constitutional Law.;
2) a judge, if, from the date of the decision made against him by the Commission on the Quality of Justice, provided for in subparagraph 4) paragraph 1 of Article 44 of this Constitutional Law, less than two years have passed;
3) a judge who has served in his position for less than two years;
4) a member of the Supreme Judicial Council.
The requirement of this paragraph not to allow a judge who has served in his position for less than two years to participate in the competition does not apply to:
1) judges who wish to take up the position of judge in courts located in remote areas;
2) judges who have a medical report on the presence of a disease requiring a change of residence;
3) judges previously appointed without competition to the position of judge in connection with the reorganization and abolition of the court, a decrease in the number of judges of the courts.
The list of courts located in remote areas is determined by the Supreme Judicial Council.
8. Judicial candidates undergo a paid internship in court on a permanent basis, taking time off from their main job. At the same time, candidates for judges can undergo an internship after receiving a recommendation from the Supreme Judicial Council on appointment to a vacant position. The conditions and procedure for the internship of a candidate for a judge are determined by the regulations approved by the President of the Republic of Kazakhstan.
9. Persons who have been elected or appointed from the position of judge to a public position in representative bodies are granted the right to hold judicial positions on a competitive basis without completing an internship.
9-1. For judges appointed to the Supreme Judicial Council, the time spent as a member of the Supreme Judicial Council is included in the length of judicial service and is taken into account upon retirement.
10. The length of judicial service includes the time a judge has worked in the positions specified in paragraph 6 of Article 56 of this Constitutional Law.
For a judge who has terminated his/her powers in connection with his/her appointment to the post of Chairman of the Supreme Judicial Council, the time spent as Chairman of the Supreme Judicial Council is included in the length of judicial service and is taken into account upon retirement.
11. The selection of candidates for vacant judicial positions is carried out by the Supreme Judicial Council in accordance with the procedure established by this Constitutional Law and the Law of the Republic of Kazakhstan "On the Supreme Judicial Council of the Republic of Kazakhstan" using a system of criteria, including those taking into account work in court, prosecutor's offices, and the legal profession.
Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 No. 132.
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