Article 39. Grounds for disciplinary liability of judges of the Constitutional Law on the Judicial System and the Status of Judges of the Republic of Kazakhstan

     1. A judge may be brought to disciplinary responsibility for committing a disciplinary offense.

     A disciplinary offense is a culpable act (inaction) in the performance of official duties or in off-duty activities, as a result of which the provisions of this Constitutional Law and (or) the Code of Judicial Ethics were violated, which resulted in diminishing the authority of the judiciary and damaging the reputation of a judge.

     A judge may be disciplined.:

     1) for gross violation of the law when considering court cases and materials.

     A gross violation of the law is understood as an obvious and significant violation of the law that was committed by a judge due to his bad faith or negligence.

     The fact of a gross violation of the law is established by a higher court, which has annulled or amended the judicial act on this basis, and is indicated in the submission on the issue of bringing a judge to disciplinary responsibility for a gross violation of the law, signed by the collegial composition of judges who reviewed the case.

     The cancellation or amendment of a judicial act related to the assessment of evidence is not a gross violation of the law.;

     By the Normative Resolution of the Constitutional Court of the Republic of Kazakhstan dated 06.12.2023 No. 36-NP, subparagraph 1) of paragraph 1 of Article 39 of this Constitutional Law of the Republic of Kazakhstan is recognized as corresponding to the Constitution of the Republic of Kazakhstan.

     2) for committing a defamatory offense contrary to judicial ethics.

     3) excluded by the Constitutional Law of the Republic of Kazakhstan dated 02/21/2019 No. 226-VI (for the procedure of entry into force, see art. 2).

     2. Chairmen of courts and chairmen of judicial boards of courts may be brought to disciplinary responsibility for improper performance of their official duties provided for by this Constitutional Law.

     3. A judicial error, as well as the cancellation or amendment of a judicial act, do not entail the responsibility of a judge, unless the fact of a gross violation of legality has been established.

     A judicial error is an act that has led to a misinterpretation and application of the norms of substantive or procedural law, unrelated to the judge's culpable actions.

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

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