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Constitutional Law of the Republic of Kazakhstan on December 25, 2000 № 132-II
Section I. General Provisions
Article 1. Judicial Power 1.Judicial power in the Republic of Kazakhstan belongs only to the Courts in the face of permanent judges, and jurors engaged in the criminal court proceedings in the cases and procedure stipulated by the Law. Justice in the Republic of Kazakhstan shall be administered only by a Court. It is prohibited to issue any legislative acts providing for transfer of exclusive powers of a Court to any other bodies. No other bodies or persons shall have the right to assume the powers of a judge or the functions of judicial power. Petitions, applications and complaints, which are subject to consideration in the course of Court proceedings, may not be considered or monitored by any other bodies, officials or other persons. 2. Judicial power shall be exercised on behalf of the Republic of Kazakhstan and is intended to protect the rights, freedoms and lawful interests of individuals and organizations, and to ensure the implementation of the Constitution, laws, other regulatory legal acts, and international treaties of the Republic. Everyone shall be guaranteed with judicial defense against any unlawful decisions and acts of state bodies, organizations, officials and other persons which infringe or restrict the rights, freedoms and lawful interests provided by the Constitution and the Laws of the Republic. No one may be deprived of the right to have his case considered in compliance with all the requirements of the law and fairness by a competent, independent and impartial court. Judicial power shall be exercised by means of civil and criminal court proceedings and other forms of court proceedings established by the Law. 3.In the administration of justice, judges shall be independent and subordinate only to the Constitution and the Law. It shall not be allowed to adopt any laws or other regulatory legal acts impairing the status and independence of judges. Any interference in the court's activity concerning administration of justice shall not be allowed and shall entail liability pursuant to the law. Judges shall not be accountable for specific cases. Petitions on court cases filed against the established order legal proceedings, as well as on matters not within the competence of the court, shall be left by the court without consideration or they shall be sent to the appropriate authorities. Contempt of court or judge shall entail liability stipulated by the law. Court decisions and demands of judges in exercising their powers shall be binding onall state bodies and their officials, natural persons and legal entities. Failure to execute court decisions and demands of a judge shall entail liability stipulated by the law. Footnote. Article 1, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007). Article 2. Symbols of State Power 1. The State Flag of the Republic of Kazakhstan and an image of the State Emblem ofthe Republic of Kazakhstan shall be set up and placed on court buildings and in the courtrooms. 2. Judges shall administer justice in their gowns, design and description of which shall be approved by the Plenary of the Supreme Court. Footnote. Article 2, as amended by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 № 80-IV (the order of implementation, see Article 2). Article 3. The Judicial System 1. The judicial system of the Republic of Kazakhstan shall consist of the Supreme Court of the Republic of Kazakhstan, local and other courts established in accordance with the Constitution of the Republic of Kazakhstan and this Constitutional Law. The establishment of special and emergency courts under any name shall not be permitted. 2.The Local Courts shall include: 1) Regional courts and courts equivalent to them (the city court of the Republic's capital, city courts of the cities of Republic's significance); 2) District courts and courts equivalent to them (a city court, interdistrict court ). 3.Other courts, including the specialized courts(martial, commercial, administrative, juvenile, and others) may be founded in the Republic of Kazakhstan. 3-1.Specialized courts shall be formed by the President of the Republic of Kazakhstan to the status of the regional or district court. 4.The Supreme Court of the Republic of Kazakhstan and local courts shall have aseal depicting the State Emblem of the Republic of Kazakhstan and their names. Footnote. Article 3, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007) from 17.11.2008 № 80-IV (the order of implementation, see Article 2). Article 4. The Unity of the Judicial System The unity of the judicial system of the Republic of Kazakhstan shall be ensured by: 1) the principles of justice general and uniform for all courts and judges and established by the Constitution, this Constitutional Law, procedural and other laws; 2) the exercise of judicial power within the forms of court proceedings uniform for all courts and established by the laws; 3) the application of the current law of the Republic of Kazakhstan by all courts; 4) the legislative enactment of the single status of judges; 5) the obligatory enforcement of judicial acts which have entered into legal force throughout the entire territory of Kazakhstan; 6) the financing of all courts only from the Republic budget. Article 5. Legislation Determining Procedure of the Activity of Courts and Status of the Judges in the Republic of Kazakhstan Judicial system and status of the judges, as well as the procedure of the Administration of Justice in the Republic of Kazakhstan shall be determined by the Constitution, Constitutional Law, and other legislative acts of the Republic of Kazakhstan.
Section II. The Judicial System
Chapter 1. District Courts and Courts Equivalent to Them
Article 6. Establishment of District Courts and Courts Equivalent to Them 1.District courts and courts equivalent to them (hereinafter - the district courts) shall be established, reorganized and abolished by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court agreed with the Supreme Judicial Council. The President of the Republic of Kazakhstan may establish one district court in several administrative-territorial areas, or several district courts in one administrative-territorial area. 2.The total number of judges for the district courts shall be approved by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court agreed with the Supreme Judicial Council. 3. The number of judges for each district court shall be established by the Chairman of the Supreme Court with the agreement of the Supreme Judicial Council on the basis of proposal of the authorized body on the organizational and logistical support of the Supreme Court activity, local and other vessels (hereinafter - the authorized body). Footnote. Article 6 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Article 7. The Composition of a District Court 1.A district court shall consist of the chairman and judges to be appointed in the procedure stipulated by the Constitution and this Constitutional Law. If there is one judge on the staff of a district court (one-member court), he shall exercise the powers of the chairman of the court. 2.(is deleted by the Constitutional Law of the Republic of Kazakhstan of December 11, 2006 № 199 (shall be enforced on January 1, 2007). Footnote. Article 7, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007) Article 8. The Powers of a District Court 1.A district court shall be a court of first instance. 2.A district court shall: 1) consider court cases and materials referred to its jurisdiction; 2) (is deleted by the Constitutional Law of the Republic of Kazakhstan of December 11, 2006 № 199 (shall be enforced on January 1, 2007); 3) exercise other powers stipulated by the Law. Footnote. Article 8, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007). Article 9. Chairman of a District Court 1. The chairman of a district court shall be a judge and alongside with performance of the functions of a judge he shall: 1) resolve the issues of the organization of legal proceedings in court; 2) carry out general management of the district court registry; 3) receive individuals; 4) organize internships of candidates for position of a judge; 5) provide the work on anti-corruption and compliance with the rules of judicial ethics; 6) issue orders; and 7) exercise other powers granted to him by the law. 2.In the temporary absence of the chairman of a district court, his duties shall beassigned to one of the judges of that court pursuant to the order of the chairman ofthat court. In the absence of the chairman and the judges of the district court, their duties may be assigned to the judges of another court by the order of the chairman of a regional court. In the case of early termination or expiration of the term of office of a district court chairman, the interim duties of the chairman shall be assigned to one of the judges of the court by the order of the Chairman of a Regional Court. Footnote. Article 9, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007) from 17.11.2008 № 80-IV (the order of implementation, see Article 2), from 29.12. 2010 № 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 2. Regional Courts and Courts Equivalent to Them
Article 10. Establishment of Regional Courts and Courts Equivalent to Them 1.Regional courts and courts equivalent to them (hereinafter - the regional courts) shall be established, reorganized and abolished by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court agreed with the Supreme Judicial Council. 2.The total number of judges for the regional courts shall be approved by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court agreed with the Supreme Judicial Council. The number of judges for each Regional Court shall be established by the Chairman of the Supreme Court with the agreement of the Supreme Judicial Council on the basis of proposal of the authorized body. Footnote. Article 10 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Article 11. The Structure and Composition of a Regional court 1.A regional court shall consist of the Chairman and Judges. 2.The judicial collegiums and specialized panels shall be set up by a regional court. Note of the Republican Centre of Legal Information (hereinafter - RCLI)! Item3 shall be provided in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 № 559-IV (shall be enforced on 07.01.2012). 3.The bodies of the Regional Court shall be as follows: 1) the plenary session; 2) judicial collegium of appeal; 3) judicial collegium of cassation. Judicial collegium shall be headed by the Chairman, assigned to the position in the procedure stipulated by this Constitutional Law. 4. Numerical and personnel membership of the judicial collegium shall be determined by the plenary session of the Regional Court pursuant to the proposal of the Chairman of the Regional Court. 5. Specialized panels shall be formed by the Chairman of the Regional Court. Footnote. Article 11is in the wording of the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 № 80-IV (the order of implementation, see Article 2). Article 12. Powers of a Regional Court A Regional Court shall: 1) consider court cases and materials referred to its jurisdiction; 2) (is deletedby the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007); 3) study judicial practice and based on the results of summarizing it, consider the issues of keeping the law by the courts of the region when administering justice; 4) supervise the activities of the territorial divisions of the authorized body in the region andthe cities of Astana and Almaty; 5) exercise other powers stipulated by the law. Footnote. Article 12, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.11.2006 № 199 (shall be enforced on January 1, 2007), from 29.12.2010 № 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication), from 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Article 13. Collegiums of a Regional Court Footnote. Article 13 is deleted by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 № 80-IV (the order of implementation, see Article 2). Article 14. The Chairman of a Regional court 1.The chairman of a Regional Court shall be a judge, and alongside with performance of the duties of a judge he shall: 1) resolve the issues of the organization of legal proceedings in court; Note of the RCLI! Item 1 is provided to be added with sub-item 2) in accordance with the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 № 559-IV (shall be enforced on 01.07.2012). 3) convene and chair plenary sessions of the regional court; 4) support the work to anti-corruption and compliance with the rules of judicial ethics; 5) based on the conclusion of the plenary session of the court, send to the Supreme Judicial Council an opinion on the internship results of a candidate for the judge's position; 6) approve a work plan for a regional court; 7) organize study of judicial practice; 8) issue orders; 9) carry out general management of the regional court registry, courts of cities of Astana and Almaty; 10) personally receive individuals; and; 11) exercise other powers stipulated by the law. Note of the RCLI! Article 14 is provided to be added with items2,3 in accordance with the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 № 559-IV (shall be enforced on 07.01.2012). Footnote. Article 14 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Article 15. Chairman of a Collegium of a Regional Court 1.The chairman of the judicial collegium of a regional court shall be a judge, and alongside with performance of the duties of a judge he shall: 1) resolve the issues of the organization of legal proceedings in the judicial collegium; 2) chair the sessions of the judicial collegium; 3) organize work on studying and summarizing of judicial practice; 4) submit information to a plenary session of the court concerning the activity of the judicial collegium; and 5) exercise other powers stipulated by the law. 2.The chairman of the judicial collegium of appeal shall make suggestions to thechairman of aregional court on the formation of specialized panels in the judicial collegium of appeal. 3.In the temporary absence of the chairman of the judicial collegium, the chairman of the courtshall assign his duties to one of the judges of the collegium. In the case of early termination or expiration of the term of office of a judicial collegium chairman of a regional court, his interim duties shall be assigned to the judge of thecorresponding judicial collegium of a regional court by the chairman of theregional court. Footnote. Article 15 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Article 16. Plenary Session of a Regional Court 1. Whenever necessary, but no less than twice a year, the regional court shall hold plenary sessions, on which it shall: 1) establish the numerical and personnel membership of the corresponding collegium; 2) (is deleted by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 № 80-IV (the order of implementation, see Article 2); 3) hear information of the chairman of the regional court and the chairmen of the judicial collegiums; 4) discuss the judicial practice and based on the results of summarizing it, considerthe issues of keeping the law by theregional courts when administering justice; 5) issue his consent to the authorized body for appointment of a person to the position of an administrator of the territorial divisions of the authorized body in the region andthe cities of Astana and Almaty; 6) hear report of the administrator of the territorial divisions of the authorized body in the region and the cities of Astana and Almaty on his activity; 7) consider candidates for vacant position of the chairman of a district court andissue corresponding opinions based on its results; 8) submit his proposal to dismiss the administrator of the territorial divisions of the authorized body in the region and the cities of Astana and Almaty to theauthorized body; 9) consider results of internship of the candidates for the position of a judge and submit the corresponding opinion; 9-1) discuss the issue of transfer of the materials in the Trial jury against the judge, who has a low quality of justice, or who has committed systematic violations of the law in hearing of cases, and issue corresponding decision based on the results of discussion; and 10) exercise other powers stipulated by the law. 2.A plenary session shall be quorate if no less than two thirds of the total number of the judges of the regional court attends it. 3. The procedure of work of a plenary session of a regional court shall be determined by the rules approved by it. Footnote. Article 16, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007) from 17.11.2008 № 80-IV (the order of implementation, see Article 2), from 29.12. 2010 № 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication), from 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 3. The Supreme Court of the Republic of Kazakhstan
Article 17. The Powers of the Supreme Court 1. The Supreme Court shall be the highest judicialbody for civil, criminal and other cases which are in the jurisdiction of the local and other courts, and shall supervise their activity within the procedural forms provided for by the law and give clarifications concerning issues of judicial practice. 2. The Supreme Court shall: 1) consider the court cases and materials referred to its jurisdiction; 2) study the judicial practice, and based on the results of its summarizing, considerthe issues of keeping the law by the courts of the Republic when administeringjustice; 3) issue regulatory resolutions and provide explanations on the issues of judicial practice; 3-1) form personnel reserve for the posts of chairmen and chairmen of judicial collegiums of local and other courts, judges and judicial collegiums of the Supreme Court (hereinafter - personnel reserve); 4) exercise other powers stipulated by the law. 3. The order of formation and organization of work with personnel reserve shall be approved by the Chairman of the Supreme Court. Footnote. Article 17, as amended by the Constitutional Laws of the Republic of Kazakhstan of 17.11.2008 № 80-IV (the order implementation,see Article 2) from 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Article 18. The Structure and Composition of the Supreme Court 1. The Supreme Court shall consist of the Chairman and Judges. The total number of Supreme Court judges shall be established by the President of the Republic of Kazakhstan pursuant to the proposal of the Chairman of the Supreme Court. 2.The judicial collegiums and specialized panels shall be set up by the Supreme Court. 3. The bodies of the Supreme Court shall be as follows: 1) the plenary session; 2) the supervisory collegium for civil and administrative cases; 3) the supervisory collegium for criminal cases. Judicial board shall be headed by the Chairman, appointed to the post inthe procedure stipulated by this Constitutional Law. 4. The numerical and personnelmembership of the judicial collegium shall be determined by theplenary session of the Supreme Courtpursuant to the proposal of the Chairman of the Supreme Court. 5. Specialized panels shall be formed by the Chairman of the Supreme Court. 6. The research advisory council and printed organ shall be formed with the Supreme Court. Footnote. Article 18 is in the wording of the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 № 80-IV (the order implementation, see Article 2). Article 19. The Collegiums of the Supreme Court Footnote. Article 19 is deleted by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 № 80-IV (the order of implementation, see Article 2). Article 20. The Chairman of the Supreme Court 1. The Chairman of the Supreme Court shall be a judge, and alongside with performance of the duties of a judge he shall: 1) head the Supreme Court as a high judicial body; 2) have the right to chair the meetings of the judicial collegiums and specialized panels; 3) convene and chair plenary sessions of the Supreme Court; 4) submit to a plenary session of the Supreme Court materials for consideration, inorder for the Supreme Court to issue regulatory resolutions on issues of judicial practice and proposal for the reconsideration of judicial acts in the order of supervision on the grounds stipulated by law; 5) nominate for approval of a plenary session of the Supreme Court candidates for the positions of a secretary of a plenary session of the Supreme Court and members of the research advisory council; 6) when necessary, assign judges of one judicial collegium to consider cases in the panel of another judicial collegium; 6-1) provide the work on anti-corruption and compliance with the rules of judicial ethics 7) approve plan of work of the Supreme Court; 8) coordinate work of the collegiums; 8-1) establish the number of judges for each local and another court with the agreement of the Supreme Court Council 9)submit for approval of the President of the Republic of Kazakhstan Regulationson the authorized body; 9-1) approve the structure and staff list of the authorized body within the limit of the staff number approved by the President of the Republic of Kazakhstan in the procedure stipulated by law; 9-2) appoint and dismiss the head of the authorized body and his deputies in the procedure stipulated by law; 10) personally receive individuals; and 11) issue orders. 2. The Chairman of the Supreme Court shall represent the interests of the judicial system of the Republic in mutual relations with the bodies of other branches of state power of the Republic and international organizations, shall: 1) (is deleted by the Constitutional Law of the Republic of Kazakhstan of 29.12.2010 № 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication; 2) submit for consideration of the corresponding plenary sessions of the courts on analternative basis the candidatures for vacant posts of the chairmen and chairmen of the judicial collegium of localand other courts, the chairmen of the judicial collegiums and judges of the Supreme Court; 3) propose on the alternative basis, the candidatures for vacant posts of the chairmen of district courts to the Supreme Judicial Council, based on the opinions of plenary sessions of the regional courts; 3-1) based on the opinions of plenary sessions of the Supreme Court, propose on the alternative basis the candidatures for posts of the chairmen and chairmen of the judicial collegiums of the regional courts, the chairmen of the judicial collegiums and judges of the Supreme Court to the Supreme Judicial Council; 4) submit to President of the Republic of Kazakhstan his proposals to improve the legislation; 5) if any grounds stipulated in this Constitutional Law arise, submit to the Supreme Judicial Council, his proposals and materials concerning discharge of chairmen, chairmen of judicial collegiums and judges ofthe Republic's courts; 6) submit to the President of the Republic of Kazakhstan his proposals concerningawarding state awards and confer honorary titles to judges and employees of an authorized body; 7) confer to judges the title of Honorary Judge, and approve the Regulations on theProcedure of Conferring of this Title; 8) (is deleted by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced from 01.01.2007); and 9) exercise other powers stipulated by the law and other regulatory legal acts. 3. In the temporary absence of the Chairman of the Supreme Court, his duties shall beassigned to one of the chairmen of the judicial collegiums, pursuant to an order of theChairman of the Supreme Court. In the absence of chairmen of judicial collegiums the interim duties of the Chairmen shall be assigned to one of the judges of the Supreme Court pursuant to the order of the Chairman of the Supreme Court. 4. If the Chairman of the Supreme Court retires or is dismissed early otherwise, thePresident of the Republic of Kazakhstan shall temporarily assign the Chairman'sduties to one of the chairmen of the judicial collegiums (a judge)of the Supreme Court. Footnote. Article 20, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007) from 17.11.2008 № 80-IV (the order of implementation, see Article 2), from 29.12. 2010 № 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Article 21. Chairman of a Judicial Collegium of the Supreme Court Footnote. The title of Article 21, as amended by the Constitutional Law of the Republic of Kazakhstan of 17.11.2008 № 80-IV (the order of implementation, see Article 2). 1.The chairman of a collegium of the Supreme Court shall be a judge, and alongsidewith performance of the duties of a judge he shall: 1) chair the sessions of the judicial collegium; 1-1) resolve the issues of the organization of legal proceedings in the judicial collegium; 2) organize work on studying and summarizing of the judicial practice; 3) ensure preparation by judges of the corresponding documents for consideration at a plenary session of the Supreme Court; 4) submit information to a plenary session of the Supreme Court concerning the activity of the judicial collegium; 4-1) personally receive individuals; and 5) exercise other powers stipulated by the law. 2.In the temporary absence of the chairman of the judicial collegium, his duties shall beassigned to one of the judges of the judicial collegium, pursuant to the order of the Chairmanof the Supreme Court. In the case of early termination or expiration of the term of office of a judicial collegiumchairman of the Supreme Court, his interim duties shall be assigned to the judge of thecorresponding judicial collegium of the Supreme Court pursuant to the order of the Chairman of the Supreme Court. Footnote. Article 21, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007) from 17.11.2008 № 80-IV (the order of implementation,see Art. 2), from 16.02. 2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Article 22. Plenary Session of the Supreme Court 1.A plenary session of the Supreme Court shall: 1) establish the numerical and personnel membership of the corresponding judicial collegiums pursuant to the proposal of the Chairman of the Supreme Court; 2) study the judicial practice and based on the results of summarizing it, considerthe issues of keeping the law by the courts of the Republic when administeringjustice; 3) issue regulatory resolutions, provide explanations on the issues of judicial practice and submit proposals to improve the legislation; 3-1) consider in the order of supervision the legal cases in accordance with the law; 4) hear the information of the judicial collegiums’chairmen of the Supreme Court and the headof the authorized body; 5) issue its opinion in the case stipulated by item 2 of Article 47of the Constitution of theRepublic of Kazakhstan; 6) discuss candidates for vacant positions of the chairmen and the chairmen of the judicialcollegiums of theregional courts, the chairmen of the judicial collegiums and the judges of the SupremeCourt, and issues corresponding opinions; 7) approve the secretary of a plenary session and members of the research advisory council, pursuant to a proposal of the Chairman of the Supreme Court and elect by secret ballot the Trial jury; 7-1) discuss the issue of transfer of the materials in the Trial jury against the judge, who has a low quality of justice, or who has committed systematic violations of the law in hearing of cases, and issue corresponding decision based on the results of discussion; 7-2) approve the form and a description of the judge's gown 8) exercise other powers stipulated by the law. 2.A plenary session shall be quorate if no less than two thirds of the total number of the judges of the Supreme Court attends it. 3.The procedure of work of a plenary session of the Supreme Court shall be determined by the rules approved by it. Footnote. Article 22, as amended by the Constitutional Laws of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007) from 17.11.2008 № 80-IV (the order of implementation, see Article 2), from 29.12. 2010 № 370-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Section 3. The Status of Judges Chapter 1. The Legal Status of Judges Article 23. The Status of a Judge 1. Judges of all Courts of the Republic of Kazakhstan shall have a uniform status and shall differ among themselves only by their powers. A judge shall be an officer of the state vested in the procedure established by the Constitution of the Republic of Kazakhstan and this Constitutional Law with the power to administer justice, shall carry out his duties on a permanent basis, and shall be a bearer of judicial power. The legal status of judges shall be determined by the Constitution of the Republic ofKazakhstan, this Constitutional Law and other laws. 2. A judge may not be assigned any non-judicial functions and duties, which are notstipulated by the law. A judge may not be a member of state structures on issues ofcrime control, and keeping the law and peace. Footnote. Article 23, as amended by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Article 24. Irremovability of a Judge 1. Judges shall be elected or appointed in accordance with the Constitution of the Republic of Kazakhstan and this Constitutional Law and vested with the power on apermanent basis. 2. Powers of the judges may be terminated or suspended only on the grounds and inthe procedure stipulated this Constitutional Law and other laws of the Republic of Kazakhstan. Footnote. Article 24, as amended by the Constitutional Law of the Republic of Kazakhstan of 16.02.2012 № 559-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Article 25. Independence of a Judge 1. Independence of a judge shall be protected by the Constitution and the law. In theadministration of justice judges shall be independent and subordinate only to the Constitution of the Republic of Kazakhstan and the Law. 2. No one may interfere in the administration of justice or exert any influence over ajudge or jurors. Such acts shall be prosecuted according to the law. 3. A judge shall not be obliged to provide any explanations on the essence of considered or sub judicial court cases. Secrecy of retiring room must be secured in allcases without any exceptions. 4.Financing of courts, financial and social security of judges and providing them with housing, shall be provided by the national budget in the amount sufficient for a full and independent administration of justice. Footnote. Article 25, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007). Article 26. Guarantees of Judge's Independence 1. The independence of a judge shall be ensured by the following: 1) the procedure stipulated by the Law for the administration of justice; 2) the liability stipulated by the Law for any interference in the judge's activity associated with the administration of justice and for contempt of court and judges; 3) the inviolability of a judge; 4) the procedure stipulated by the Constitution andthis Constitutional Law for the election, appointment, termination and suspension ofthe powers of a judge, and the judge's right to resign; and 5) the provision to judges, at the expense of the state, of financial support and social security appropriate to their status, and prohibition to deteriorate it. 2. Judges, members of their family and their property shall be under the protection ofthe state. Internal Affairs Agencies shall take timely and exhaustive measures to provide for security of a judge and members of his family, safety of theirproperty, if the judge files the corresponding application. Any harm inflicted to a judge and his property in connection with his professionalactivity shall be reimbursed from the national budget. Footnote. Article 26, as amended by the Constitutional Law of the Republic of Kazakhstan of 11.12.2006 № 199 (shall be enforced on January 1, 2007). Article 27. The Inviolability of Judges 1. A judge may not be arrested, taken into custody, subjected to administrative punishments imposed in the judicial procedure, or charged with criminal liabilitywithout the consent of the President of the Republic of Kazakhstan, based on theopinion of the Supreme Judicial Council, and in the case stipulated by sub-item 3 of Article 55 of the Constitution, without the consent of the Senate of the Parliament of the Republic of Kazakhstan, except for cases of detention at the scene of the crimeor the commission of a serious crime. Inviolability of judges includes the inviolability of his person, property, residential and office premises occupied by him, personal and official vehicles used by him, documents, baggage and other property belonging to him.
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