Article 44. Decisions of the Commission on the Quality of Justice of the Constitutional Law on the Judicial System and the Status of Judges of the Republic of Kazakhstan
1. The Commission on the Quality of Justice, based on the results of consideration of materials on the assessment of the professional activities of current judges, makes one of the following decisions::
1) recognize the appropriate position;
1-1) recognize the appropriate position with referral to advanced training courses at the Academy, including according to an individual plan;
2) Excluded by the Constitutional Law of the Republic of Kazakhstan dated December 20, 2021 No. 82-VII (effective ten calendar days after the date of its first official publication).
3) recommend for enrollment in the personnel reserve for a higher position (in a higher court);
4) transfer to another court with a lower workload, to a lower court;
5) to recognize as inappropriate for the position due to professional unfitness;
6) Excluded by the Constitutional Law of the Republic of Kazakhstan dated December 20, 2021 No. 82-VII (effective ten calendar days after the date of its first official publication).
The decision of the Commission on the Quality of Justice provided for in subparagraph 3) of part one of this paragraph is of a recommendatory nature.
2. The decision of the Commission on the Quality of Justice to declare a judge unfit for his position due to professional unfitness based on the results of an assessment of professional activity is the basis for consideration by the Supreme Judicial Council of the issue of dismissing a judge from his post.
The decision of the Commission on the Quality of Justice to transfer a judge to another court with a lower workload, to a lower court, based on the results of an assessment of professional activity, is the basis for consideration by the Supreme Judicial Council of the issue of transferring a judge to another court with a lower workload, to a lower court, and in case of refusal of transfer, to dismiss the judge from his post.
3. The Commission on the Quality of Justice, based on the results of consideration of the material on the application for confirmation of the right to resign, as well as the material on termination of resignation, makes one of the following decisions:
1) confirmation of the right to resign;
2) the refusal to confirm the right to resign;
3) termination of the judge's resignation;
4) the refusal to terminate the resignation of a judge.
4. The decision of the Commission on the Quality of Justice may be appealed by a judge to the Supreme Judicial Council.
By the Normative Resolution of the Constitutional Court of the Republic of Kazakhstan dated 04/21/2023 No. 10-NP, paragraph 4 of Article 44 of this Constitutional Law of the Republic of Kazakhstan is recognized as corresponding to paragraph 2 of Article 13 of the Constitution of the Republic of Kazakhstan.
5. The refusal of the Supreme Judicial Council to make a recommendation on the dismissal of a judge from his post cancels the decision made by the Commission on the Quality of Justice. The annulment by the Supreme Judicial Council of the decision of the Commission on the Quality of Justice is the basis for the adoption by the Supreme Judicial Council or the Commission on the Quality of Justice of another decision provided for in this article.
Adoption by the Supreme Judicial Council of the decision provided for in subparagraph 4) paragraph 1 of this article is the basis for consideration by the Supreme Judicial Council of the issue of transferring a judge to another court with a lower workload, to a lower court.
Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 No. 132.
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