Approved by the decision of the Supreme Judicial Council of the Republic of Kazakhstan of January 15, 2009

Regulations of the Supreme Judicial Council of the Republic of Kazakhstan

These Regulations determine procedure for holding meetings, and also other questions of the organization of work of the Supreme Judicial Council of the Republic of Kazakhstan.

I. General provisions

1. The supreme Judicial Council of the Republic of Kazakhstan (further - Council) is the organization without formation of legal entity created for the purpose of ensuring the constitutional powers of the President of the Republic of Kazakhstan on forming of courts, guarantees of independence of judges and their immunity, enhancement of judicial system and the legislation.

2. The legal basis of activities of Council are determined by the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan "About judicial system and the status of judges of the Republic of Kazakhstan" (the daleekonstitutsionny law), the Law of the Republic of Kazakhstan "About the Supreme Judicial Council of the Republic of Kazakhstan" (further - the Law) and these Regulations.

II. Powers of Council

3. According to Articles 77, 79, 82 Constitutions, Articles 24-27, 30, 31, 34-36 Constitutional laws and article 2 of the Law Council:

1) provides guarantees of independence and immunity of judges;

2) on competitive basis is performed by selection of the candidate for vacant position of the judge of local and other court;

following the results of tender recommends to the President of the Republic of Kazakhstan the candidate for appointment to vacant position of the judge of local and other court;

3) considers on representation of the Chairman of the Supreme Court candidacies for vacancies of chairmen and chairmen of judicial boards of local and other courts, chairmen of judicial boards of the Supreme Court;

recommends candidates for vacant positions of chairmen and chairmen of judicial boards of local and other courts, chairmen of judicial boards of the Supreme Court to the President of the Republic of Kazakhstan for position assignment;

4) considers on representation of the Chairman of the Supreme Court the candidacy for vacant post of the judge of the Supreme Court;

recommends the candidate for vacant position of the judge of the Supreme Court to the President of the Republic of Kazakhstan for submission to the Senate of Parliament;

5) considers the candidacy for vacant post of the Chairman of the Supreme Court;

recommends the candidate for vacant position of the Chairman of the Supreme Court to the President of the Republic of Kazakhstan for submission to the Senate of Parliament;

6) considers 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;

considers questions of release from posts of chairmen, chairmen of judicial boards and judges of local and other courts in case of abolition of court or reducing total number of judges of the relevant court if they do not agree to occupation of vacant position of the judge in other court;

considers questions of release from posts of chairmen of judicial boards and judges of the Supreme Court in case of reducing total number of judges of the Supreme Court if they do not agree to occupation of vacant position of the judge in other court;

considers question of making the recommendation on 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, owing to professional unfitness 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" on the representation of the Chairman of the Supreme Court based on the decision of Disciplinary and qualification board of judges or Judicial jury;

recommends to the President of the Republic of Kazakhstan to dismiss chairmen, chairmen of judicial boards and judges of local and other courts, chairmen of judicial boards of the Supreme Court;

makes recommendations to the President of the Republic of Kazakhstan about release from positions of the Chairman and judges of the Supreme Court for introduction of submission to the Senate of Parliament;

considers question of consent on prolongation by the Chairman of the Supreme Court of the Republic of Kazakhstan of term of continuance in office of the judge on reaching it age limit no more than for five years;

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