Article 30. Selection of candidates for the position of judge, chairman, Chairman of the Judicial Board of the Court of the Constitutional Law on the Judicial System and the Status of Judges of the Republic of Kazakhstan

     1. Candidates for the position of judge are guaranteed the equal right to hold office regardless of origin, social and property status, race and nationality, gender, political views, religious beliefs and other circumstances.

     2. The selection of candidates for vacant positions of a district court judge, chairman of the judicial board and a judge of the regional court, a judge of the Court of Cassation, and a judge of the Supreme Court is carried out by the Supreme Judicial Council on a competitive basis from among persons who have applied for vacant positions and meet the requirements of Article 29 of this Constitutional Law.

     A separate competition may be held for persons who are specialists in certain branches of law, the list of which is approved by the Supreme Judicial Council on the proposal of the Supreme Court, and who apply to fill the vacant position of judge of the cassation or regional court. The procedure for such a separate competitive selection is determined by the Supreme Judicial Council.

     If the competition for the position of judge of a court located in a remote area is declared invalid, the Supreme Judicial Council may recommend for the vacant position of judge of this court a person who has completed his studies and passed the qualification exam at the Academy of Justice under the Supreme Judicial Council, based on the classification scale approved by the Supreme Judicial Council in coordination with the Supreme Court.

     2-1. The selection of candidates for the vacant position of chairman of the district Court is carried out by the Supreme Judicial Council from among the persons elected by the expanded plenary session of the regional court.

     3. Candidates for vacant positions of chairmen of regional courts, cassation courts, and chairmen of judicial boards of the Supreme Court are considered on an alternative basis by the Supreme Judicial Council on the proposal of the Chairman of the Supreme Court, submitted by him after their consideration by the plenary session of the Supreme Court.

     4. Candidates for the vacant position of chairman of the district court are recommended from among the current judges or persons with at least five years of judicial experience.

     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 the vacant positions of the chairman and chairmen of the judicial boards of the regional court are recommended, as a rule, from among the judges of the regional court or persons with at least ten years of judicial experience.

     Candidates for vacant positions of chairmen of the cassation courts are recommended, as a rule, from among the judges of the cassation court or persons with at least ten years of judicial experience, including at least five years of experience as a judge of the regional court.

     At the same time, priority in the selection of candidates for the positions of chairman of the district court, chairman, chairmen of judicial boards and judges of the regional court, judge and chairman of the Court of Cassation, judge and chairmen of judicial boards of the Supreme Court is given to persons who are in the personnel reserve.

     When selecting candidates for the positions of chairman of the district court, chairman and chairmen of the judicial boards of the regional court, Chairman of the Court of Cassation, chairmen of the judicial boards of the Supreme Court, in addition to the criteria specified in paragraph three of paragraph 4 of this Article, organizational skills are also taken into account.

     A candidate for the position of Chairman of the judicial board of the Supreme Court is recommended from among the judges of the Supreme Court.

     The Supreme Judicial Council recommends candidates for vacant positions of chairmen, chairmen of judicial boards of local and other courts, chairmen of judicial boards of the Supreme Court to the President of the Republic of Kazakhstan for appointment.

     A candidate for the position of Chairman of the Supreme Court is considered by the Supreme Judicial Council.

     The President of the Republic of Kazakhstan has the right to submit a submission on the election of a candidate for the position of a judge of the Supreme Court in an out-of-competition manner.

     The Supreme Judicial Council recommends candidates for the vacant positions of Chairman and Judge of the Supreme Court to the President of the Republic of Kazakhstan for submission to the Senate of the Parliament of the Republic of Kazakhstan.

     Candidates for the position of judge of the Supreme Court are submitted by the President of the Republic of Kazakhstan to the Senate of the Parliament of the Republic of Kazakhstan on an alternative basis, except for the cases provided for in part nine of this paragraph.

Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 No. 132.

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