Article 34. Dismissal from office and termination of powers of the Chairman of the Court, the Chairman of the Judicial Board and the judge of the Constitutional Law On the Judicial System and the Status of Judges of the Republic of Kazakhstan
The footnote. Title of Article 34 as amended by the Constitutional Law of the Republic of Kazakhstan dated 13.03.2017 No. 52-VI (effective ten calendar days after the date of its first official publication).
1. Grounds for termination of powers of the Chairman, Chairman of the judicial board and judge:
1) retirement of the judge;
2) dismissal from the position of a judge at his own request;
2-1) joining a political party;
3) a state of health that prevents the further performance of professional duties, in accordance with a medical opinion;
4) the entry into force of a court decision declaring a judge incompetent or with limited legal capacity, or applying compulsory medical measures to him;
5) the entry into force of the guilty verdict against this judge, the termination of the criminal case at the pre-trial stage 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;
6) termination of citizenship of the Republic of Kazakhstan;
7) the death of a judge or the entry into force of a court decision declaring him dead;
8) appointment, election of a judge to another position and his transfer to another job, with the exception of the cases provided for in paragraph 6 of Article 56 of this Constitutional Law;
9) the abolition of a court or the reorganization of a court, a reduction in the number of judges of the relevant court, if the judge does not consent to fill the vacant position of a judge in another court, as well as the refusal of a judge to transfer to another court with a lower workload, to a lower court in the cases provided for in subparagraph 4) paragraph 1, part two of paragraph 5 of Article 44 of this Constitutional Law;
10) the abolition of the court or the reorganization of the court, the reduction in the number of judges of the relevant court, the expiration of the term of office if the chairman of the court, the chairman of the judicial board do not give consent to occupy the vacant position of judge in another court, as well as the refusal of the chairman of the court, the chairman of the judicial board from transfer to another court with a lower workload, to a lower court in the following cases: provided for in subparagraph 4) paragraph 1, part two of paragraph 5 of Article 44 of this Constitutional Law;
11) the decision of the Commission on the Quality of Justice on the inconsistency of a judge in his position due to professional unfitness;
11-1) the decision of the Judicial Jury on the need to dismiss a judge for committing a disciplinary offense or failure to comply with the requirements specified in Article 28 of this Constitutional Law;
12) reaching the retirement age or the age limit for holding office as a judge.
2. The powers of the chairman or the chairman of the judicial board of the court may be terminated prematurely at his own request or if he fails to comply with the requirements specified in Articles 9, 14, 15, 20, 21 and 28 of this Constitutional Law.
2-1. If the grounds provided for by this Constitutional Law arise, the Supreme Judicial Council shall consider the termination of the powers of the chairmen, chairmen of judicial boards and judges of the courts of the Republic.
2-2. In the cases provided for in subparagraphs 4), 5), 6) and 7) of paragraph 1 of this Article, the Supreme Judicial Council shall consider the termination of the powers of a judge on the basis of a notification from the authorized body with the attachment of a supporting document.
3. The decision to dismiss a judge shall be taken:
1) by resolution of the Senate of the Parliament of the Republic of Kazakhstan – in respect of the Chairman, judges of the Supreme Court on the proposal of the President of the Republic of Kazakhstan;
2) By Decree of the President of the Republic of Kazakhstan – in respect of chairmen of judicial boards of the Supreme Court, chairmen, chairmen of judicial boards and judges of local and other courts.
4. The dismissal of a judge simultaneously entails the termination of the powers of the chairman or chairman of the judicial board of the relevant court.
The dismissal of the chairman or chairman of the judicial board of the relevant court at his own request or upon the expiration of his term of office does not entail his dismissal from the post of judge of this court, except in the cases provided for in paragraph 7 of Article 31 of this Constitutional Law.
In the absence of a vacant position of a judge in the relevant court, the chairman or the chairman of the judicial board, with his consent, shall be appointed to the vacant position of a judge of an equivalent or lower court without competition in accordance with the procedure provided for in paragraph 10 of Article 31 of this Constitutional Law.
5. The grounds for termination of the powers of judges provided for in subparagraphs 5), 11) and 11-1) of paragraph 1 of this article shall be recognized as negative motives.
By the Normative Resolution of the Constitutional Court of the Republic of Kazakhstan dated 07/14/2023 No. 22, paragraph 5 of Article 34 of this Constitutional Law of the Republic of Kazakhstan is recognized as consistent with the Constitution of the Republic of Kazakhstan in the following interpretation: termination of powers for such a negative motive as non-compliance with the position due to professional unfitness should entail legal consequences for the dismissed judge only within the framework of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the status of judges of the Republic of Kazakhstan"; A citizen dismissed from the position of a judge on the specified grounds may exercise the constitutional right to freedom of work in other spheres, including in public service.
Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 No. 132.
President
Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
