Article 42. Terms of consideration of the disciplinary case of the Constitutional Law on the Judicial System and the Status of Judges of the Republic of Kazakhstan

     1. Disciplinary proceedings against a judge may be initiated no later than one year from the date of the discovery of the misconduct and no later than two years from the date of the commission of the misconduct.

     The time limits specified in the first part of this paragraph do not include the time the judge is absent from work for a valid reason after the day of the discovery of a disciplinary offense.

     1-1. The day of the discovery of a disciplinary offense related to a judge's violation of legality during the consideration of a court case is considered to be the day when a higher court makes a submission on the issue of bringing a judge to disciplinary responsibility, which establishes the fact of violation of legality, and the day of the commission of such misconduct is considered to be the day of the issuance of an illegal judicial act.

     The day when a disciplinary offense contrary to judicial ethics is discovered is the day when the Chairman of the Supreme Court submits a submission or the judicial ethics commission makes a decision that establishes the fact that a judge has committed a defamatory offense contrary to judicial ethics, and the day or period of such misconduct is considered to be the day or period of its commission.

     The day of the discovery of a disciplinary offense related to the improper performance by the chairmen of courts and the chairmen of judicial boards of courts of their official duties is considered to be the day of the submission of the Chairman of the Supreme Court, the adoption of decisions by the plenary sessions of regional courts and the Supreme Court, which established the fact of improper performance of official duties, and the day of the commission of such misconduct is considered to be the day or period of improper performance by the chairmen of courts, the chairmen of the judicial boards of the courts of their official duties.

     If the date of the commission of a disciplinary offence is determined by a period of time, the calculation of the time limits established by paragraph 1 of this article shall be carried out from the day following the end of the period.

     2. Disciplinary proceedings must be completed within two months from the date of its commencement, not counting the time of the official inspection and the absence of the judge from work for a valid reason.

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

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