Court and justice in the Republic of Kazakhstan

1. Court and justice in the Republic of Kazakhstan • Purpose: to explain judicial system and status of judges of the Republic of Kazakhstan .

2. CONTENT: • 1 The history of thejudicial systemof the Republic of Kazakhstan. • 2 Judicial system of the Republic of Kazakhstan: the concept, judicial levels and instance. • 3 The main characteristics of the types of Kazakhstan courts. • 4 The legal status of judges in the Republic of Kazakhstan

3. . 1 stage. Folklore and traditions and religious rules performed the function of the laws in the Kazakh steppe. 2 stage. One of the founders of the law codes in the Kazakh khanate was the outstanding statesman, Maiki bi, the adviser of Chingiskhan. The history stages of thejudicial systemof the Republic of Kazakhstan

4. 3 stage. The consolidation of the state is also associated with the name of Kasym khan, the son of Zhanibek khan. Under his rule the legal norms and traditions of that time were consolidated into a book called «The Truth of Kasym khan». The history stages of thejudicial systemof the Republic of Kazakhstan

5. 4 stage. At the end of XVII Tauke khan, Tole bi, Kazbek bi, Aiteke bi created the «Zheti Zhargi», which became the code of laws and of court proceedings. The history stages of thejudicial systemof the Republic of Kazakhstan

6. 5 stage. On the 23rd of December 1786 Ekaterina II issued a decree on establishing a border court in Kyrgyz (Kazakh) steppe. The heads of communities were appointed chairmen of the local Kazakh courts. Mullahs served as court secretaries. Six Kazakh foremen formed the body of counselors'. Two Tartars and two Russians served as controllers. This is how the official judiciary system was introduced into the life of the Kazakh people. The history stages of thejudicial systemof the Republic of Kazakhstan

7. The history stages of the judicial system of the Republic of Kazakhstan • 6 stage. Soviet period, whereby the Republic of Kazakhstan was one of members of USSR. 11 April 1923 the All-Union Central Executive Committee issued a resolution on the establishment of the Supreme court of the Kyrgyz (Kazakh) region.

8. The judicial system is the set of the courts constructed according to their competence and tasks, which are predetermined by the purposes of their activity. Principles of justice • justice in Kazakhstan is exercised only by the courts (the functions of courts may not be • delegated to or appropriated by any other bodies or officials); • (2) judicial power is administered on behalf of RK and is intended to protect the rights, freedoms • and interests of its citizens and organizations as well as to ensure the observance of the • Constitution, laws, other regulatory legal acts and international treaties of RK; • (3) the jurisdiction of the courts extends to all cases and disputes arising from the interpretation • of the Constitution, laws, other regulatory legal acts and international treaties of RK; • (4) decisions, sentences and other judgments of the courts have an obligatory force on the • entire territory of RK; • (5) criminal procedure is carried out with the participation of jurymen; • (6) the establishment of extraordinary courts under any name is not allowed . • (7) a judge when executing justice is  independent and subordinate only to the Constitution and • the law. • (8) possibility of revision of judgments of courts, both on criminal, and on civil cases.

9. The judicial system of the Republic of Kazakhstan consists of the Supreme Court of the Republic of Kazakhstan the local courts the other courts • district and equated to them (town, inter-district) courts 2) regional and equated to them (city courts of Astana, Almaty and Shymkent ) specialized courts

10. Other courts, including specialized courts: - Martial courts, - Financial courts, - Economic courts, - Administrative courts, Juvenile courts , Criminal courts , - And other courts may be formed in the Republic of Kazakhstan. Specialized courts with the status of an regional or district court shall be constituted by the President of the Republic of Kazakhstan.

11. Judicial system can be divided into three levels the basic level (district and equated to them courts (town, inter-district, martial court of garrisons, connections, armies); the middle level (regional and equated to them (city courts of Astana, Shymkent and Almaty, Martial court of troops); the highest level (Supreme Court of the Republic of Kazakhstan)

12. Types of judicial instance The courts of first instance (trial courts) The appeal instance (appellate court) The cassation panel (kassatsionnaya Instantsiya) (cassation court)

13. Let’s discuss the main characteristics of the types of Kazakhstan courts.

14. District courts and courts equated to them shall be established, reorganized and abolished by the President of the Republic of Kazakhstan pursuant to the proposal of the authorized agency agreed with the Chairman of the Supreme Court a district court shall consist of the chairman and judges to be appointed in the procedure stipulated by the Constitution and this Constitutional Law The powersof district court: The powersof the chairman of a district court 1) consider court cases and materials referred to its jurisdiction; 2) exercise other powers stipulated by the law. • organize consideration of court cases by judges of the court; 2) carry out general management of the court registry; 3) receive individuals; 3-1) approve a work plan of a district court; 4) organize internships of candidates for position of a judge; 5) ensure measures on preventing corruption and meeting the judicial ethics standards; 6) issue orders; 7) exercise other powers granted to him by the law.

15. Regional courts and courts equated to them shall be established, reorganized and abolished by the President of the Republic of Kazakhstan pursuant to the proposal of the authorized agency agreed with the Chairman of the Supreme Court. Structure of the regional court the plenary session the cassational collegium the appellate collegium The powersof regional court: 1) consider court cases and materials referred to its jurisdiction; 2) study judicial practice and based on the results of summarizing it, consider the issues of keeping the law by the courts of the regional when administering justice; 3) supervise the activities of the administrator of the courts of the reional; and 4) exercise other powers stipulated by the law.

16. The Supreme Court shall be the highest judicial body for civil, criminal and other cases which are in the jurisdiction of local and other courts, and shall supervise their activity within the procedural forms provided for by the law and gives clarifications concerning issues of judicial practice. The powersof Supreme Court: 1) consider the court cases and materials referred to its jurisdiction; 2) study the judicial practice, and based on the results of its summarizing, consider the issues of keeping the law by the courts of the Republic when administering justice; 3) adopt regulatory resolutions, provide the judicial practice explanations; and 4) exercise other powers stipulated by the law. Structure of the Supreme Court the supervisory judicial collegium for civil and administrative cases the supervisory judicial collegium for criminal cases the plenary session

17. Who can be a judge ? a judge of a district courtmay be a citizen of RK, who : a judge of an regional courtmay be a citizen of RK, who : a judge of the Supreme Courtmay be a citizen of RK, who : has a working experience in legal profession of not less than five years has a working experience in legal profession of no less than fifteen years or work experience as a judge not less than five years has a working experience in legal profession of not less than twenty years or work experience as a judge not less than ten years is at least 30 years of age has a higher education in Law, an impeccable reputation has passed the qualifying examination or completed the specialized Master's program course has successfully completed training on probation in the court and has received a positive opinion of a plenary session of a court to confirm absence of the diseases interfering execution of professional duties as a judge by on medical examination

18. 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 of the Republic of Kazakhstan and Constitutional Law for the election, appointment, termination and suspension of the powers of a judge, and the judge's right to resign; 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. Guarantees of Judge's Independence Judges, members of their family and their property shall be under the protection of the state. Law-enforcement bodies shall take timely and exhaustive measures to provide for security of a judge and members of his family, safety of their property, if the judge file the corresponding application. Any harm inflicted to a judge and his property in connection with his professional activity shall be reimbursed from the Republic's budget.

19. 1) judge's resignation; 1-1) judge's dismissal from office pursuant to his own wish; 2) state of health impeding further performance of professional duties, in accordance with a medical opinion; 3) entering into legal force of a court decision recognizing the judge as legally incapable or restrictedly incapable, or applying compulsory measures of a medical nature to him; 4) entering into legal force of a conviction in respect of this judge; 5) termination of citizenship of the Republic of Kazakhstan; 6) death of the judge or entering into legal force of a court decision recognizing him as deceased; 7) appointment, election of the judge to another position or his transfer to another job; 8) abolishment of the court or expiry of powers, if chairman of a court, chairman of a judicial collegium or the judge does not agree to take up a vacant position of a judge at another court; 9) conclusion made by the Judicial jury; 10) reaching the judges’ compulsory retirement age. The grounds for termination of the powers of a judge are as follows: The powers of a judge may be terminated due to a decision of a disciplinary and qualification collegium of judges on the need of discharge from the judge's office for his disciplinary misconducts or failure to meet the requirements stipulated in Constitutional Law

20. New model of judicial mantle was approved by decision of The Central Council of Union of Judges of Republic of Kazakhstan and was approved by plenary session of Supreme Court of Republic of Kazakhstan on the 29-th of June 2009. Mantle is a special suit for judges of Republic of Kazakhstan, which is implemented from high-quality stockinet with black coloured mat surface. According to the world practice, the colour of mantle is black; as this colour means equity, emphasize status and the authority of judicial power. Mantle is trapeziform, the free form. The mantle is presented in the man's and female variants, different in the way of clasping buttons. Men's gown buttons up from left to right, women - from right to left. The collar-rack in 4,5 cm. height along a collar, on 0,2 cm. from edge the woven turquoise tape in 4 cm. width is scribbled with a yellow colour strip along the edges and an ornament of flag of Kazakhstan (it is executed by a thread creating effect of silk shine). The turquoise collar was chosen as a colour of national flag of Republic of Kazakhstan. In particular this colour is the symbol of life and revival, symbolizing open sky. Buttons of the mantle made of plastic with a metallic blackened silver coating with the coat of arms of the Republic of Kazakhstan. Diameter of buttons - 22 mm. Ash-white coloured neckerchief is produced of crimped fabric. Approved model of mantle forjudges of Republic of Kazakhstan is united. Mantle of judges of the Republic of Kazakhstan