Article 38-1. Judicial Jury of the Constitutional Law on the Judicial System and the Status of Judges of the Republic of Kazakhstan

     1. A judicial Jury under the Supreme Judicial Council is formed to consider disciplinary cases against judges.

     The judicial jury consists of thirteen judges – three judges of district courts, four judges of regional courts, three judges of cassation courts and three judges of the Supreme Court. The Judicial Jury also includes two representatives of the legal community who have the right to an advisory vote.

     Judges are appointed to the Judicial Jury on the recommendation of the expanded plenary session of the Supreme Court in accordance with paragraph 2-1 of Article 22 of this Constitutional Law, and representatives of the legal community on the recommendation of organizations in accordance with their charter – by the Supreme Judicial Council.

     The Supreme Judicial Council has the right to reject candidates for the Judicial Jury by a reasoned decision.

     The Chairman of the Judicial Jury is elected by the Judicial Jury itself from among its members.

     2. The grounds for consideration by the Judicial Jury of the materials in relation to the judge are:

     1) representation of the Chairman of the Supreme Court against a judge for committing defamatory misconduct contrary to judicial ethics, against the chairman of the court or the chairman of the judicial board of the court for improper performance of official duties;

     2) decisions of the plenary sessions of the regional courts and the Supreme Court on the transfer to the Judicial Jury of materials concerning the chairman or chairman of the judicial board of the court to verify his actions in the framework of disciplinary proceedings for improper performance of official duties;

     3) representation on the issue of bringing a judge to disciplinary responsibility for gross violation of the rule of law during the consideration of court cases and materials;

     4) decisions of the judicial ethics commissions on the transfer to the Judicial Jury of materials concerning a judge to verify his actions in disciplinary proceedings for committing defamatory misconduct contrary to judicial ethics, as well as according to information contained in the mass media, on online platforms, in the appeals of individuals and legal entities, based on the results of which verification the fact that the judge committed a defamatory offense contrary to judicial ethics has been confirmed.

     3. The activities of the Judicial Jury are ensured by the Staff of the Supreme Judicial Council.

     4. The procedure for the formation and organization of the work of the Judicial Jury, as well as the consideration of materials, disciplinary cases by the Judicial Jury is determined by the Regulations approved by the President of the Republic of Kazakhstan.

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

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