NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of May 14, 1998 No. 1

About some questions of application of the legislation on judicial authority in the Republic of Kazakhstan

For the purpose of uniform application in court practice of the regulations regulating questions of ensuring independence of judges when implementing justice, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. Draw the attention of courts to need for activities for implementation of justice to proceed from provision of the Constitution of the Republic of Kazakhstan (further – the Constitution) that judicial authority in the Republic is branch of the government interacting with other branches of the government of the Republic: system of controls and counterbalances, legislative and executive with use.

2. No. 10 is excluded according to Normative the Resolution of the Supreme Court of the Republic of Kazakhstan of 22.12.2022

3. The judge when implementing justice shall be independent, submit only to the Constitution and the law, to keep objectivity and impartiality, to provide realization of the principle of competitiveness and equality of participants.

The judge shall not offer any explanations and express the opinion on the substance of the legal cases considered or being in its production.

According to part two of article 16 APPK the judge has the right to express the preliminary legal opinion on the legal reasons relating to the actual and (or) juridical parties of administrative case.

4. Courts shall pay special attention to questions of independence of judges, take measures for inadmissibility of intervention in their activities, stop attempts of control of judges or assignment on them of obligations, not inherent in their powers.

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