Article 4. Composition of the Council Of The Law On The Supreme Judicial Council Of The Republic Of Kazakhstan

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1. The Council consists of the Chairman and other persons appointed by the President of the Republic of Kazakhstan. The Chairman is appointed by the President of the Republic of Kazakhstan with the consent of the Senate of the Parliament.

The Chairman of the Supreme Court, the Prosecutor General, and the Chairmen of the relevant Standing Committees of the Senate and the Mazhilis of Parliament are ex officio members of the Council.

The President of the Republic of Kazakhstan may appoint other persons to the Council, including legal scholars, lawyers, foreign experts, and representatives of the legal community.

2. The expanded plenary session of the Supreme Court elects candidates from among judges and recommends them for appointment by the President of the Republic of Kazakhstan as members of the Council.

Judicial candidates to the Council are considered at an expanded plenary session of the Supreme Court from among candidates recommended by expanded plenary sessions of regional courts, taking into account equal representation in the Council of judges of district and regional courts, as well as the Supreme Court.

Judges make up at least half of the members of the Council.

3. The members of the Council, with the exception of the Chairman of the Council and ex officio members of the Council, shall exercise their powers for three years.

At the same time, half of the Council members, with the exception of the Chairman of the Council and ex officio Council members, are reappointed every one and a half years.

4. If a person leaves the Board, a new member of the Board is appointed within three months.

5. The position of Chairman, Secretary and member of the Board is incompatible with membership in the governing body and supervisory board of a commercial organization, holding senior positions in a political party.

6. Members of the Council, with the exception of ex officio Council members and representatives of the legal community, shall be relieved of their duties at their main place of work for the period of exercising their powers.

7. Remuneration for members of the Council from among judges, legal scholars and lawyers is made at the expense of funds allocated to the Council from the budget, in accordance with the unified system of financing and remuneration of employees for all bodies maintained from the state budget, approved by the Government of the Republic of Kazakhstan in coordination with the President of the Republic of Kazakhstan.

The members of the Council from among judges, legal scholars and lawyers are equal in terms of salary to judges of the Supreme Court.

Members of the Council from among judges, legal scholars and lawyers are provided with a paid annual leave of thirty calendar days with the payment of a recovery allowance in the amount of two official salaries.

8. The members of the Council are independent and subject only to the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.

9. The members of the Council have equal rights in resolving issues within the Council's competence.

10. The powers of a member of the Council are terminated in accordance with the legislation of the Republic of Kazakhstan on the following grounds:

1) at your own request;

2) termination of citizenship of the Republic of Kazakhstan, except for foreign experts;

3) a state of health that prevents further performance of professional duties;

4) the entry into force of a court decision on recognition as legally incompetent or with limited legal capacity or on the application of compulsory medical measures;

5) entry into force of a guilty verdict, termination of a 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) death or the entry into force of a court decision declaring the deceased;

7) termination of the judge's powers;

8) termination and revocation of the license to practice law;

9) termination of the circumstances that served as the basis for inclusion in the Council;

10) the occurrence of other grounds provided for by the legislation of the Republic of Kazakhstan.

11. The Secretary of the Council is not a member of the Council and does not have the right to vote.

The Law of the Republic of Kazakhstan dated December 4, 2015 No. 436-V SAM.

President

Republic of Kazakhstan

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