Article 35. Resignation of a judge of the Constitutional Law on the Judicial System and the Status of Judges of the Republic of Kazakhstan
1. Resignation is the termination of the powers of a judge in the form of honorable retirement from the post of a judge who has an impeccable reputation, judicial experience of at least twenty years, while retaining the title of judge, membership in the judicial community, guarantees of personal inviolability and other material and social guarantees provided for by this Constitutional Law.
The dismissal of a judge from office in the form of resignation is carried out upon the written application of a judge for resignation to the Supreme Judicial Council. The procedure for reviewing a judge's resignation application is determined by the Supreme Judicial Council.
1-1. Judges who have terminated their powers due to their appointment to other positions by the President of the Republic of Kazakhstan have the right to resign and to receive payments and guarantees provided for in this article, provided they comply with the requirements established by this article.
2. Upon retirement, a judge is paid a one-time severance payment in the amount of twenty-four monthly salaries.
2-1. A retired judge, including those who retired before January 1, 2016, who has at least fifteen years of judicial experience, and who has reached the retirement age established by the legislation of the Republic of Kazakhstan on social protection, is paid a tax-free monthly lifetime allowance in the amount of fifty percent of the official salary for the last judge position, except in the following cases: suspension or termination of resignation.
For each year of judicial service over twenty years, and for judges who retired before January 1, 2016, for each year of judicial service over fifteen years, the monthly lifetime salary of a retired judge is increased by one percent of the official salary for the last judge position.
Note from <url>! The third part of paragraph 2-1 is amended by the Constitutional Law of the Republic of Kazakhstan dated 07/05/2024 No. 109-VIII (from 01/01/2025 in respect of judges of the Supreme Court of the Republic of Kazakhstan, as well as retired judges of the Supreme Court of the Republic of Kazakhstan who received life support before the entry into force of this Constitutional Law; from 01.01.2026 in respect of judges of cassation courts, regional and equivalent courts, as well as judges of regional and equivalent courts who are retired and received life-long pay before the enactment of this Constitutional Law; from 01.01.2027 in respect of judges of district and equivalent courts, as well as judges of district and equivalent courts. retired judges who received life-long pay prior to the enactment of this Constitutional Law.).
The maximum monthly lifetime salary for a retired judge should not exceed sixty-five percent of the official salary for the last judge position and one hundred and nine times the monthly calculation index established by the law on the republican budget for the relevant fiscal year.
The amount of the monthly lifetime allowance for a retired judge is calculated according to the last position held in accordance with the remuneration system for judges in force on the date of the request for payment of the specified allowance.
When the amount of judges' salaries is increased in accordance with the procedure established by the legislative acts of the Republic of Kazakhstan, the monthly lifetime allowance is recalculated accordingly.
The procedure for the payment of a monthly lifetime allowance to a retired judge is determined by the Government of the Republic of Kazakhstan.
A retired judge has the right to receive pension payments from pension savings accumulated in his individual retirement account.
2-2. Excluded by the Constitutional Law of the Republic of Kazakhstan dated 07/05/2024 No. 109-VIII (effective ten calendar days after the date of its first official publication).
3. The resignation of a judge is terminated in the following cases::
1) committing a crime or a defamatory offense that detracts from the authority of the judiciary;
2) joining a political party;
3) at your own request;
4) termination of citizenship of the Republic of Kazakhstan;
5) his death or the entry into force of a court decision declaring him deceased.
The suspension of a judge's resignation is carried out by the Supreme Judicial Council.:
1) if a retired 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";
2) in case of reappointment to the position of judge;
3) before considering the grounds for termination of the judge's resignation provided for in the first part of this paragraph;
4) if a retired judge is elected in accordance with the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan".
The judge's resignation is resumed if the circumstances that served as the basis for the decision to suspend the judge's resignation have disappeared.
4. In case of termination of the resignation, the judge is deprived of the guarantee of personal inviolability and the guarantees provided for in articles 51, 53 and 55 of this Constitutional Law.
In case of suspension of the resignation of a judge, the guarantees of personal inviolability and the guarantees provided for in articles 51, 53 and 55 of this Constitutional Law are also suspended.
5. Termination of resignation is carried out in the same manner as the dismissal of a judge in connection with retirement.
6. Retired judges who have not reached the age limit for holding office may, with their consent, be involved in the administration of justice for the period of temporary absence of a judge, but not for more than six months.
7. Confirmation of the right to resign and its termination are considered by the Commission on the Quality of Justice on the basis of materials sent by the Supreme Judicial Council.
The decision of the Commission on the Quality of Justice is sent to the Supreme Judicial Council for consideration.
Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 No. 132.
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