Article 33. Suspension of the powers of a judge of the Constitutional Law on the Judicial System and the Status of Judges of the Republic of Kazakhstan

Home / Constitutional law / Article 33. Suspension of the powers of a judge of the Constitutional Law on the Judicial System and the Status of Judges of the Republic of Kazakhstan

1. The powers of a judge are suspended if:

1) a judge is registered as a candidate in accordance with the procedure provided for by the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan", except in cases of inclusion in party lists;

1-1) a judge is appointed a member of the Supreme Judicial Council;

1-2) an application has been submitted for dismissal from the post of judge in connection with the intention to join a political party;

2) the judge has been declared missing by a court decision that has entered into legal force.;

3) consent has been given to bring the judge to criminal responsibility;

3-1) there is a decision of the Commission on the Quality of Justice or a Judicial Jury on the need to terminate the powers of a judge on the grounds provided for in subparagraphs 11) and 11-1) of paragraph 1 of Article 34 of this Constitutional Law.;

3-2) excluded by the Constitutional Law of the Republic of Kazakhstan dated 02/16/2012 No. 559-IV (effective after ten calendar days after its first official publication);

4) when transferring to another job;

5) an application has been submitted for dismissal from the post of judge at his own request.

2. The suspension of the judge's powers is carried out:

in relation to the Chairman of the Supreme Court, the President of the Republic of Kazakhstan;

in respect of all other judges of the Republic, the Chairman of the Supreme Judicial Council.

In the cases provided for in subitems 1) and 2) of paragraph 1 of this Article, the Chairman of the Supreme Judicial Council shall consider the issues of suspension of the judge's powers on the basis of a notification from the authorized body with the attachment of a supporting document.

2-1. Upon suspension of the powers of a judge, his powers as chairman or chairman of the judicial board of the relevant court are suspended.

2-2. When submitting an application for dismissal of a judge at his own request, his powers are suspended after one month from the date of filing this application.

2-3. When a judge is appointed a member of the Supreme Judicial Council, his powers are suspended while retaining the title of judge and membership in the judicial community.

3. The powers of a judge are resumed if the circumstances that served as the basis for the decision to suspend the powers of a judge have disappeared.

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

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Republic of Kazakhstan

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