Article 31. The procedure for granting a judge the powers of the Constitutional Law on the Judicial System and the Status of Judges of the Republic of Kazakhstan

     1. Judges of the Supreme Court of the Republic of Kazakhstan are elected by the Senate on the proposal of the President of the Republic of Kazakhstan, based on the recommendation of the Supreme Judicial Council.

     2. Judges of local and other courts are appointed by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council.

     3. The Chairmen of the judicial boards of the Supreme Court are appointed by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council on the basis of a submission by the Chairman of the Supreme Court and a decision of the plenary session of the Supreme Court for a period of five years.

     The conclusions of the plenary session are advisory in nature.

     3-1. The chairmen of the judicial boards of regional courts are appointed by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council for a period of five years.

     4. The Chairman of the Supreme Court is elected by the Senate on the proposal of the President of the Republic of Kazakhstan, based on the recommendation of the Supreme Judicial Council, for a term of five years.

     5. The chairmen of local and other courts are appointed by the President of the Republic of Kazakhstan on the recommendation of the Supreme Judicial Council for a period of five years.

     Chairmen and chairmen of judicial boards of regional courts, chairmen of collegiums of the Supreme Court may not be appointed to their position or a similar position in equivalent courts more than twice.

     6. (Deleted by the Constitutional Law of the Republic of Kazakhstan dated 17.11.2008 N 80-IV (for the procedure of entry into force, see art. 2);

     7. The chairmen and chairmen of judicial boards of local and other courts, the Chairman and Chairmen of judicial boards of the Supreme Court, at the end of their term of office, continue to exercise the powers of a judge of the relevant court, unless they have been respectively appointed or elected to a similar position in another court.

     In the absence of vacant judicial positions in the relevant court, the chairmen and chairmen of judicial boards of local and other courts who have not been appointed to a similar position in another court, with their consent, are appointed to the vacant position of a judge of an equivalent or lower court without competition.

     In the absence of vacant judicial positions in the Supreme Court, the Chairman and the chairmen of the judicial boards of the Supreme Court who have not been appointed to a similar position, with their consent, are appointed to the vacant position of a judge of a lower court without competition.

     8. In case of reorganization or abolition of a court or reduction in the number of judges of the relevant court, judges of this court may, with their consent, be appointed to the vacant position of a judge of an equivalent or lower court without competition.

     8-1. When transferring a judge to another court in the cases provided for in subparagraph 4) According to paragraph 1, part two of paragraph 5 of Article 44 of this Constitutional Law, a judge, with his consent, may be appointed to a vacant judicial position in another court with a lower workload, in a lower court without competition.

     9. The chairmen and chairmen of judicial boards of local and other courts, the chairman and chairmen of judicial boards of the Supreme Court, dismissed from office on the grounds specified in subparagraph 4) of paragraph 1 of Article 40 of this Constitutional Law, continue to exercise the powers of a judge of the relevant court.

     In the absence of vacant judicial positions in the relevant court, the chairmen and chairmen of judicial boards of local and other courts, with their consent, are appointed to the vacant position of a judge of an equivalent or lower court without competition.

     In the absence of vacant judicial positions in the Supreme Court, the Chairman and the chairmen of the judicial boards of the Supreme Court, with their consent, are appointed to the vacant position of a judge of a lower court without competition.

     10. The issues of appointing candidates to vacant judicial positions without competition are considered by the Supreme Judicial Council.

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

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