Article 3. Powers of the Council Of The Law On The Supreme Judicial Council Of The Republic Of Kazakhstan

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1. The Council:

1) provides guarantees for the independence and inviolability of judges;

2) selects candidates on a competitive basis for vacant positions of judges of the district and equivalent courts (hereinafter referred to as the district court), chairman of the judicial board, judges of the regional and equivalent courts (hereinafter referred to as the regional court), judges of the cassation Court, judges of the Supreme Court:

Based on the results of the competition, he recommends candidates to the President of the Republic of Kazakhstan for appointment to the vacant positions of a judge of the district court, chairman of the judicial board, judge of the regional court and judge of the Court of Cassation.;

2-1) considers issues of appointment or election of candidates for vacant judicial positions without competition in cases stipulated by the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan":

recommends to the President of the Republic of Kazakhstan a candidate for appointment to the vacant position of a judge of a local and other court;

Recommends candidates to the President of the Republic of Kazakhstan for the vacant position of judge of the Supreme Court for submission to the Senate of the Parliament;

3) considers, on the proposal of the Chairman of the Supreme Court, candidates for vacant positions of chairmen of regional courts, chairmen of cassation courts, chairmen of judicial boards of the Supreme Court:

Recommends to the President of the Republic of Kazakhstan candidates for vacant positions of chairmen of regional courts, chairmen of cassation courts, chairmen of judicial boards of the Supreme Court for appointment to the position;

3-1) submits candidates for the expanded plenary session of the regional court from among the persons who are in the personnel reserve and (or) persons who independently nominated their candidacy for election to the vacant position of chairman of the district court;

3-2) selects candidates for the vacant position of chairman of the district court from among the persons elected by the expanded plenary session of the regional court:

Based on the results of the selection, he recommends candidates to the President of the Republic of Kazakhstan for appointment to the vacant position of chairman of the district court.;

4) considers a candidate for the vacant position of Chairman of the Supreme Court:

Recommends to the President of the Republic of Kazakhstan a candidate for the vacant position of Chairman of the Supreme Court for submission to the Senate of the Parliament;

5) considers issues of termination of powers of chairmen, chairmen of judicial boards and judges in cases stipulated by the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan":

Recommends that the President of the Republic of Kazakhstan dismiss the chairmen, chairmen of judicial boards and judges of local and other courts, chairmen of judicial boards of the Supreme Court;

makes recommendations to the President of the Republic of Kazakhstan on the dismissal of the Chairman and judges of the Supreme Court for submission to the Senate of the Parliament;

IZPI's note! Paragraph 5-1 is provided to be deleted by the Law of the Republic of Kazakhstan dated 11/21/2024 No. 136-VIII (effective from 01.01.2025).

5-1) after the expiration of the one–year period, it reviews the results of the work of the person appointed to the post of judge for the first time, and upon a positive assessment of the judge's professional activity by the Commission on the Quality of Justice at the Supreme Court (hereinafter referred to as the Commission on the Quality of Justice), decides on the proposal of the Chairman of the Supreme Court on his approval.;

5-2) considers the issue of extending the term of office of a judge upon reaching retirement age;

5-3) carries out the general management of the Academy of Justice under the Council;

6) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, considers, on the proposal of the Chairman of the Supreme Court, the issue of giving consent to the appointment of a candidate for the position of head of an authorized body in the field of judicial administration and to dismiss him from office.;

6-1) formulates an annual National report on the state of judicial personnel in the judicial system and submits it to the President of the Republic of Kazakhstan, ensures its subsequent publication;

7) considers the appeals of judges to appeal the decisions of the Judicial Jury and the Commission on the Quality of Justice;

8) organizes the admission of qualification exams from citizens who have expressed a desire to work as judges;

9) submits to the President of the Republic of Kazakhstan an opinion to resolve the issue of giving consent to the detention, detention or house arrest of a judge, bringing him in, applying administrative penalties imposed by court, bringing a judge to criminal responsibility;

10) develops and submits recommendations and proposals to the President of the Republic of Kazakhstan on improving the judicial system and legislation of the Republic of Kazakhstan;

11) takes measures to improve the quality of the judicial corps, improve the personnel training system, and improve the qualifications of judges;

11-1) preliminarily approves the methodology for assessing the professional activity of a judge;

12) approves the rules of procedure of the Council;

13) organizes the registration of persons who have passed the qualification exams for the position of judge, received the recommendation of the Council, completed an internship in the courts and received the opinions of the plenary sessions of regional courts, as well as graduated from the Academy of Justice at the Council;

14) considers the issue of giving consent to the establishment of the total number of judges, the number of judges of each local and other court;

15) organizes the maintenance of electronic personal records of judges;

IZPI's note! Subparagraph 16) is provided for in the wording of the Law of the Republic of Kazakhstan dated 11/21/2024 No. 136-VIII (effective from 07/01/2025).

16) form a personnel reserve for the positions of chairman of the district court, chairman, chairmen of judicial boards and judges of the regional court, chairmen of judicial boards and judges of the Supreme Court (hereinafter referred to as the personnel reserve);

17) approves the procedure for the formation and organization of work with the personnel reserve;

18) approves the composition of the Personnel Reserve Commission under the Council;

18-1) approves the composition of the Judicial Jury under the Council;

19) determines the procedure for passing psychological testing by judicial candidates;

19-1) establishes the procedure for issuing a certificate to a judge;

20) approves the Regulations on the Council for Cooperation with the Courts;

21) exercise other powers arising from this Law and other legislative acts of the Republic of Kazakhstan.

2. In order to exercise its powers, the Council has the right:

1) request and receive necessary information, documents and other materials from government agencies, officials, organizations, citizens;

2) to hear oral and request written explanations from the relevant officials;

3) form commissions and working groups from among the members of the Council, representatives of government agencies, public associations, organizations and institutions, and involve specialists in their work.

The footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 13.03.2017 No. 53-VI (effective after ten calendar days after the date of its first official publication); dated 03.07.2017 No. 86-VI (effective after ten calendar days after the date of its first official publication); dated 21.02.2019 No. 227-VI (for the procedure of entry into force, see art. 2); dated 12/20/2021 No. 83-VII (effective ten calendar days after the date of its first official publication); dated 12/30/2022 No. 177-VII (effective after ten calendar days after the date of its first official publication); dated 03/27/2023 No. 216-VII (for the procedure of entry into force, see art. 2); dated 11/21/2024 No. 136-VIII (effective from 11/01/2024).

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

President

Republic of Kazakhstan

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