PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of June 10, 2023 No. 252

About modification and amendments in some presidential decrees of the Republic of Kazakhstan

I DECIDE:

1. Rename republican public institution "Academy of justice under the Supreme Court of the Republic of Kazakhstan" into republican public institution "Academy of justice under the Supreme Judicial Council of the Republic of Kazakhstan".

2. Establish the number of staff of Academy of justice under the Supreme Judicial Council of the Republic of Kazakhstan in number of 55 units.

3. Approve the enclosed changes and additions (further - changes and amendments) which are made to some presidential decrees of the Republic of Kazakhstan.

4. This Decree becomes effective from the date of its first official publication, except for:

1) the paragraph of the twenty second item 4 of changes and amendments which become effective since July 1, 2023;

2) paragraphs of the eleventh, twelfth, thirteenth, fourteenth, fifteenth and nineteenth item 4 of changes and amendments which become effective since January 1, 2024;

3) Items 1 and 2 of this Decree, Item 1, paragraphs of the tenth, eleventh Item 2, Item 3, paragraphs of the forty second, forty eighth, forty ninth, fiftieth, fifty first, seventy fourth, seventy fifth Item 4, paragraphs of the sixth, seventh, eighth and thirteenth Item of 6 changes and amendments which become effective since July 15, 2024.

Approved by the Presidential decree of the Republic of Kazakhstan of June 10, 2023 No. 252

Changes and additions which are made to some presidential decrees of the Republic of Kazakhstan

1. In the Presidential decree of the Republic of Kazakhstan of January 8, 1997 No. 3315 "About the number of the Supreme Court of the Republic of Kazakhstan":

exclude Item 1-1.

2. In the Presidential decree of the Republic of Kazakhstan of June 26, 2001 No. 643 "About approval of the provisions provided by the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan":

in Regulations on the passing of training of candidates for judges approved by the above-named Decree:

state Item 2 in the following edition:

"2. The main objectives of passing of training by the candidate for judges are studying of specifics of work in local courts, acquisition of necessary practical and organizing skills for work in judgeship.

Passing of training is performed for the purpose of studying of business, professional and moral qualities of the candidate for judges and determinations of perspectives of implementation of judicial powers by it.

Passing of training by the candidate for judges is performed on permanent basis with separation from principle place of employment.

Candidates for judges can pass training after receipt of the recommendation of the Supreme Judicial Council of appointment to vacant position.

During passing of training the candidate for judges is granted leave non-paid according to the procedure, established by the labor law.

During passing of training the fixed amount of the salary in the amount of 70% of official pay rate of the judge of the district and equated to it court with length of service up to one year is paid to the candidate for judges";

the second Item 3 to state part in the following edition:

"To persons which ended training in Academy of justice under the Supreme Judicial Council of the Republic of Kazakhstan (further - Academy of justice), passing of training is not required within four years from the date of the end of training.";

state item 4 in the following edition:

"4. Passing of training constitutes eight months in the district and equated to it court (further - district court), one month in the regional and equated to it court (further - regional court).

The term of passing of training for persons who received the recommendation of the Supreme Judicial Council of appointment to vacant position constitutes six months, from them five months - in district court, one month - in regional court.

The term of passing of training for persons having legal length of service at least ten years constitutes six months, from them five months - in district court, one month - in regional court.

The term of passing of training for the persons who received the recommendation of the Supreme Judicial Council of appointment to vacant position and having legal length of service at least ten years constitutes three months, from them two months - in district court, one month - in regional court.

The term of passing of training for persons having legal length of service over fifteen years constitutes three months, from them two months - in district court, one month - in regional court.

The term of passing of training for the persons who received the recommendation of the Supreme Judicial Council of appointment to vacant position and having legal length of service over fifteen years constitutes two months, from them one month - in district court, one month - in regional court.

The term of passing of training for persons who are specialists in separate branches of law which list according to the offer of the Supreme Court affirms the Supreme Judicial Council constitutes one month in regional court.

In case of temporary disability of the candidate for judges lasting more than two months the training stops the head of authorized state body in the field of judicial administration (further - authorized body).

According to the statement of the candidate for judges the head of authorized body the training stops before the expiration of fixed term, except as specified, provided by the subitem 5) of Item 26 of this provision.

In subsequent the candidate for judges can be allowed to passing of training according to the procedure, provided by this Provision.

The authorized body directs data on the termination of training of the candidates who received the recommendation of appointment to vacant position for the Supreme Judicial Council within five working days from the date of decision making.";

state Item 6 in the following edition:

"6. The office of the Supreme Judicial Council of the Republic of Kazakhstan sends to authorized body lists of persons who successfully passed qualification examination for judgeship and persons who received the recommendation of the Supreme Judicial Council of appointment to vacant position.

The chairman of the Supreme Court of the Republic of Kazakhstan annually based on proposals of the head of authorized body performs distribution of vacant positions for passing of training in local courts.

Places for passing of training are distributed proceeding from quantity predicted in the area, the capital and the cities of republican value of vacancies of judges, but at least three places for each area, the capital and the cities of republican value.

Candidates for judgeship are accepted on training according to distribution of vacant positions.

Passing of training is performed in local courts in the territory of the area, the capital and the cities of republican value where the candidate for judgeship is registered at the place of residence. In case of lack of vacant positions for passing of training across the residence the candidate has the right to file petition for the admission in the Commission on selection of persons on passing of training (further - the Commission) on condition of availability of vacant positions in other area, the capital and the cities of republican value.

The admission of persons to passing of training who received the recommendation of the Supreme Judicial Council of appointment to vacant position is performed irrespective of distribution of vacant positions for passing of training.

Passing of training by person who received the recommendation of the Supreme Judicial Council is performed in court in which the recommendation of appointment to vacant position, taking into account requirements of item 4 of this provision is received.";

the second Item 7 to state part in the following edition:

"The announcement of vacant positions for passing of training is published by authorized body on Internet resources of the Supreme Court and the Supreme Judicial Council in the state and Russian languages in local courts at least in fifteen calendar days prior to reception of applications about the admission to passing of training.";

state Item 8 in the following edition:

"8. Person who showed willingness to pass training files in the Commission petition for the admission to passing of training within fifteen calendar days from the date of publication of the announcement.

The following documents shall be enclosed to the application:

1) personal leaf on registration of personnel;

2) autobiography;

3) copies of the diploma and appendix to the diploma;

4) the copy of the document confirming passing qualification examination;

5) the office characteristic from the last place of employment. In case of impossibility on reasonable excuses to provide the characteristic written explanations are furnished;

6) the document on passing of medical examination confirming absence of the diseases interfering execution of professional obligations of the judge, issued no later than one year about day of delivery of documents.

The documents specified in subitems 1) 2), 3), 4), 5) of this Item are represented by person who received the recommendation of the Supreme Judicial Council of appointment to vacant position at the request of authorized body.";

add Item 10 with part three of the following content:

"The decision on the admission to passing of training of persons who received the recommendation of appointment to vacant position is accepted by the Commission after obtaining from the Supreme Judicial Council of the list of persons who received the recommendation of appointment to vacant position.";

add Item 11 with part five of the following content:

"Person allowed to passing of training shall start training within seven working days after the publication of data on Internet resources.";

add Item 14 with parts thirteen, the fourteenth and fifteenth the following content:

"Check of candidates for compliance to above-mentioned requirements of this Item is performed by the Supreme Judicial Council when making the recommendation of appointment to vacant position.

The commission has the right to pass the decision on refusal in the admission to training in case of receipt prior to meeting of the data characterizing moral and ethical appearance of person from negative side.

In case of decision about refusal in the admission to training the Commission directs materials to the Supreme Judicial Council for consideration of question of cancellation of the recommendation of appointment of the candidate for vacant position.";

state Item 27 in the following edition:

"27. In case of receipt of the negative conclusion about training results the candidate for judges is allowed to passing of repeated training not earlier than in one year from the date of its obtaining.

In case of receipt of the negative conclusion about training results on the bases provided by the subitem 5) of Item 26 of this provision, the candidate for judges is not allowed to passing of repeated training, except as specified the subsequent confirmation by results of medical examination of absence of the diseases interfering execution of professional obligations of the judge.";

in Regulations on the Commission on quality of administration of law under the Supreme Court approved by the above-named Decree:

state Item 25 in the following edition:

"25. Information collection for evaluating professional activity of the judge is performed by the structural division of authorized state body in the field of judicial administration (further - authorized body) providing activities of the Commission.";

state Item 31 in the following edition:

"31. The decision of the Commission on recognition of the judge not corresponding to post owing to professional unfitness by results of assessment of professional activity is the basis for consideration by the Supreme Judicial Council of question of release of the judge from post.

The decision of the Commission on transfer of the judge in other court by results of periodic assessment of professional activity is the basis for consideration by the Supreme Judicial Council of question of transfer of the judge in other court, and in case of refusal from transfer - about release of the judge from post.";

state Item 37 in the following edition:

"37. Copies of legal decisions of the Commission on results of work of the judge after year together with the arrived materials go to the Chairman of the Supreme Court for the subsequent submission to the Supreme Judicial Council for approval.

Copies of legal decisions of the Commission on recognition of the judge not corresponding to post owing to professional unfitness, transfer in other court go to the Supreme Judicial Council.";

state Items 40 and 41 in the following edition:

"40. Consideration of question of confirmation of the right of the judge to resignation is performed by the Commission on the basis of the materials directed by the Supreme Judicial Council.

41. The documents provided by Regulations of the Commission concerning the judge of the chairman of district court and the judge of regional court are represented to the Commission by the chairman of regional court, concerning the chairman and the chairman of judicial board of regional court, the judge and the chairman of judicial board of the Supreme Court, and also judges who earlier stopped the powers in connection with appointment as their President of the Republic of Kazakhstan to positions - the Chairman of the Supreme Court.";

state Items 44 and 45 in the following edition:

"44. Resignation of the judge stops on the bases, stipulated in Item 3 articles 35 of the Constitutional law.

The termination of resignation is considered by the Commission on the basis of the materials directed by the Supreme Judicial Council.

45. The commission on results of consideration of materials about confirmation of the right of the judge to resignation and the termination of resignation takes out one of the following decisions:

1) about confirmation of the right to resignation;

2) about refusal in confirmation of the right to resignation;

3) about the resignation termination;

4) about refusal in the resignation termination.

The decision of the Commission goes for consideration to the Supreme Judicial Council.";

state Item 48 in the following edition:

"48. The refusal of the Supreme Judicial Council in making the recommendation of release of the judge from post cancels the decision passed by the Commission. Cancellation of the decision of the Commission by the Supreme Judicial Council is the basis for acceptance by the Supreme Judicial Council or the Commission of other decision, the stipulated in Article 44 Constitutional laws.

Acceptance by the Supreme Judicial Council of the decision provided by the subitem 4) of Item 1 of article 44 of the Constitutional law is the basis for consideration by the Supreme Judicial Council of question of transfer of the judge in other court, on other specialization.".

3. In the Presidential decree of the Republic of Kazakhstan of July 5, 2001 No. 648 "About assignment of special status to higher educational institutions":

12) of Item 1 to state the subitem in the following edition:

"12) Academy of justice under the Supreme Judicial Council of the Republic of Kazakhstan;".

4. In the Presidential decree of the Republic of Kazakhstan of December 23, 2015 No. 137 "About measures for enhancement of activities of the Supreme Judicial Council of the Republic of Kazakhstan":

in Regulations on the Office of the Supreme Judicial Council of the Republic of Kazakhstan approved by the above-named Decree:

line "1." To state general provisions in the following edition:

"Chapter 1. General provisions";

state Item 6 in the following edition:

"6. The device concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the chief of staff.";

line "2. Mission, the main objectives, functions, the rights and obligations of the Device" to state in the following edition:

"Chapter 2. Tasks and powers of the Device";

exclude Item 13;

in Item 15:

7) and 8) to state subitems in the following edition:

"7) the organization of carrying out competitive selection by Council on occupation of vacant position of the judge of the district and equated to it court (further - district court), the chairman of judicial board, the judge of the regional and equated to it court (further - regional court), judges of the Supreme Court;

8) preliminary consideration of documents of persons participating in tender on occupation of vacant position of the judge of district court, the chairman of judicial board, the judge of regional court, the judge of the Supreme Court regarding their compliance to qualifying standards;";

add with subitem 8-1) of the following content:

"8-1) organization of carrying out candidate screen by Council for vacancies of chairmen of district courts from among persons who independently proposed the candidate and (or) the faces consisting in personnel reserve;";

9) to state the subitem in the following edition:

"9) preparation of analytical and other materials on the organizational and personnel and other questions submitted for consideration of Council, including for consideration by Council:

representations of the Chairman of the Supreme Court concerning candidates for vacant positions of chairmen of regional courts, chairmen of judicial boards of the Supreme Court;

the conclusions of enlarged plenary sessions of regional courts concerning persons elected to vacancies of chairmen of district courts;

candidates for vacant position of the Chairman of the Supreme Court;

candidates for vacant position of the judge of the Supreme Court in out-of-competition procedure;

questions of appointment of candidates for vacant positions of judges without tender in the cases provided by the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan";

questions of the termination of powers of the Chairman, chairmen of judicial boards and judges of the Supreme Court, chairmen, chairmen of judicial boards and judges of local and other courts in the form of resignation, the resignation termination;

questions of release from posts of judges of local and other courts in cases of reorganization, abolition of court, reduction of number of judges of the relevant court if they do not agree to occupation of vacant position of the judge in other court, and also in case of refusal the judge from transfer in other court, on other specialization in the cases provided by the subitem 4) of Item 1, part two of Item 5 of article 44 of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan";

questions of release from posts of chairmen, chairmen of judicial boards of local and other courts in cases of reorganization, abolition of court, the expiration of powers if they do not agree to occupation of vacant position of the judge in other court, and also in case of refusal the chairman of justices, the chairman of judicial board from transfer in other court, on other specialization in the cases provided by the subitem 4) of Item 1, part two of Item 5 of article 44 of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan";

questions of release from posts of judges of the Supreme Court in case of reduction of number of judges of the Supreme Court if they do not agree to occupation of vacant position of the judge in other court, and also in case of refusal the judge of the Supreme Court from transfer in other court, on other specialization in the cases provided by the subitem 4) of Item 1, part two of Item 5 of article 44 of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan";

questions of release from posts of chairmen of judicial boards of the Supreme Court in cases of the expiration of powers if they do not agree to occupation of vacant position of the judge in other court, and also in case of refusal the chairman of judicial board of the Supreme Court from transfer in other court, on other specialization in the cases provided by the subitem 4) of Item 1, part two of Item 5 of article 44 of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan";

results of work of the person for the first time appointed, elected to judgeship after year and in case of positive assessment of professional activity of the judge by the Commission on quality of justice under the Supreme Court (further - the Commission on quality of justice), decisions on representation of the Chairman of the Supreme Court of question of its approval;

questions of release from posts of chairmen of judicial boards and judges of the Supreme Court, chairmen, chairmen of judicial boards and judges of local and other courts owing to professional unfitness based on the decision of the Commission on quality of justice, and also in cases of the termination of powers of the judge at own will, appointments, elections of the judge to other position and its job change, achievement of retirement or age limit of continuance in office of the judge by it;

questions of release from posts of chairmen of judicial boards and judges of the Supreme Court, chairmen, chairmen of judicial boards and judges of local and other courts in cases of the termination of powers of the judge for health reasons, to the interfering further execution of professional obligations, according to the medical certificate, introductions in legal force of the judgment about recognition by incapacitated or it is limited capable or applications to it enforcement powers of medical nature, conviction of court for making of criminal offense, the termination of criminal case at pre-judicial stage on not rehabilitating bases, the terminations of nationality of the Republic of Kazakhstan, the death of the judge or the introduction in legal force of the judgment about the announcement by his dead;

questions of release from posts of chairmen of judicial boards and judges of the Supreme Court, chairmen, chairmen of judicial boards and judges of local and other courts for making of minor offenses by them or for failure to meet requirements of the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan" based on the solution of Judicial jury;

questions of prolongation of term of continuance in office of the judge on reaching retirement or age limit;

ideas of the Chairman of the Supreme Court of consent on appointment of the candidate for position of the head of authorized state body in the field of judicial administration and on its dismissal;

addresses of judges about appeal of solutions of Judicial jury and the Commission on quality of justice;

questions of representation to the President of the Republic of Kazakhstan the conclusions for the solution of question of consent on detention, detention or house arrest of the judge, its drive, application of the measures of administrative punishment to it imposed judicially, involvement of the judge to criminal liability;

questions of consent on establishment of the general number of staff of judges, the number of judges of each local and other court;

questions of forming of personnel reserve to positions of the chairman of district court, the chairman, chairmen of judicial boards and judges of regional court, chairmen of judicial boards and the judge of the Supreme Court (further - personnel reserve);";

state subitem 10-1) in the following edition:

"10-1) ensuring activities of Judicial jury, Commissions on personnel reserve, Qualification commission, Commission on competitive selection;";

in the subitem 12):

after the words "passed qualification examinations for holding the post of the judge" to add with the words "received the recommendation of Council";

Supreme Court to replace words with the word "Council";

state subitem 14-1) in the following edition:

"14-1) organization of work of Council for approval:

procedure for forming and organization of work with personnel reserve;

the commission chairman's candidates for personnel reserve under Council and structure of the commission;

structure of Judicial jury under Council;";

add with subitems 15-1), 15-2) and 15-3) of the following content:

"15-1) consideration, approval and approval of budgeted expenses of Academy of justice under Council;

15-2) approval of goods prices (work, service) Academies of justice under Council;

15-3) organization of work on judicial education, advanced training of judges;";

line "3. The organization of activities of the Device" to state in the following edition:

"Chapter 3. Status, powers of the chief of staff";

state Item 17 in the following edition:

"17. Management of the Device is performed of the head who bears the personal responsibility for accomplishment of the tasks assigned to the Device and implementation of the functions by it.

The chief of staff is the secretary of Council for position.";

add with Item 18-1 of the following content:

"18-1. The chief of staff can have deputies who are appointed to position and are dismissed by the chief of staff.

The chief of staff determines powers of the deputies.";

state Item 20 in the following edition:

"20. Powers of the chief of staff:

1) will be organized by activities of the Device;

2) is created according to the proposal of members of council by the list of the questions which are taken out for consideration at the forthcoming meeting and beforehand reports on them on the Chairman;

3) certifies the signature minutes abstracts of meetings, recommendations, the conclusions and legal decisions made by Council;

Will organize 4) in need of check;

5) is determined by the list of persons invited to meeting of Council and provides their appearance;

6) carries out orders of the Chairman and the decision of Council;

7) approves rules of calculation of the years of service of members of council from among scientists-lawyers and lawyers granting the right to establishment of official pay rate;

8) performs management of the Device: will organize, coordinates and controls work of its divisions;

9) will be organized by information and analytical, organization-legal, material and financial provision of activities of the Device;

10) in coordination with the Chairman of the board approves regulations on structural divisions of the Device;

11) is controlled by observance of performing and labor discipline in the Device;

12) performs management in the field of public procurements of Council, including signs accounts for payment;

13) is approved by the staff list of Academy of justice under Council;

14) approves Rules of rendering paid types of activity on sales of goods (works, services) by Academy of justice under Council and expenditures by it money from sales of goods (works, services);

Will organize 15) and is responsible for carrying out public procurements on material logistics of activities of Council;

16) in the procedure established by the legislation of the Republic of Kazakhstan appoints to positions and dismisses workers of the Device;

17) approves job descriptions of heads of structural divisions and workers of the Device;

18) resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding of workers of the Device;

19) resolves issues of disciplinary responsibility of workers of the Device;

20) accomplishment of other procedures of budget process provides preparation of the budget request, submission of the budget request to the Chairman of the board, and also;

21) provides development and approves funding plans of body and the financial reporting of Council;

22) is represented by Council in relations with state bodies and other organizations within the competence;

23) within the competence is provided by execution of requirements of the legislation of the Republic of Kazakhstan on anti-corruption;

24) takes the measures directed to improvement of the organization of work of Council, exercises control of execution of decisions of Council;

25) will organize work with appeals of physical persons and legal entities;

26) performs other organizational and administrative functions, stipulated by the legislation the Republic of Kazakhstan.

Execution of powers of the chief of staff in the period of its absence is performed by person replacing it according to the current legislation.";

line "4." To state property of the Device in the following edition:

"Chapter 4. Property of the Device";

line "5. Reorganization and abolition of the Device" to state in the following edition:

"Chapter 5. Reorganization and abolition of the Device".

5. In the Presidential decree of the Republic of Kazakhstan of December 29, 2015 No. 150 "About approval of the Register of positions of political and administrative government employees":

in the Register of positions of political and administrative government employees approved by the above-named Decree:

in Chapter 1 "Political state positions":

state the line "Head of Judicial Administration of the Republic of Kazakhstan, His Deputies" in the following edition:

"Head of Judicial administration of the Republic of Kazakhstan, his first deputy and deputies";

in Chapter 2 "Managerial state positions":

in the Section "Case B":

in group of categories B:

in category V-3:

after the line "Manager of the Sector of Government Office of the Republic of Kazakhstan" to add with lines of the following content:

"Manager of the sector of offices of Chambers of Parliament of the Republic of Kazakhstan

Manager of the sector of Judicial administration of the Republic of Kazakhstan".

6. In the Presidential decree of the Republic of Kazakhstan of January 19, 2023 No. 106 "About some questions of Judicial administration of the Republic of Kazakhstan":

in the Regulations on Judicial administration of the Republic of Kazakhstan approved by the above-named Decree:

in Item 14:

third to state the paragraph in the following edition:

"approves with the Chairman of the Supreme Court of the Republic of Kazakhstan representation by training, to reorganization, renaming or abolition of the district and equated to them courts, and also makes offers to the Chairman of the Supreme Court of the Republic of Kazakhstan by training, reorganization, renaming or abolition of the regional and equated to them courts, distribution of vacant positions for passing of training by candidates for judges;";

the twenty fifth to state the paragraph in the following edition:

"organization of work on advanced training of employees of courts and passing by them of training, including paid training candidates for judges;";

to exclude paragraphs of the thirty seventh and thirty eighth;

in Item 18:

add with paragraphs the fourth and fifth the following content:

"brings to the President of the Republic of Kazakhstan the idea of education, reorganization, renaming and abolition of the district and equated to them courts approved with the Chairman of the Supreme Court and the Supreme Judicial Council;

approves rules of clerical work in the district and equated to them courts, the regional and equated to them courts and the Supreme Court of the Republic of Kazakhstan;";

the fourteenth and fifteenth to exclude paragraphs.

 

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