Amendments to Constitutoinal Law On judicial system and judges
SIGNUM regularly provides Legislative/Regulatory Alerts to keep Clients informed about important laws and regulatory changes in the Republic of Kazakhstan (“RK”).
On 5 July 2024 President of Kazakhstan Kasym-Jomart Tokayev signed the Constitutional Law dated ‘On introducing amendments and additions to some constitutional laws of the Republic of Kazakhstan’1. This Alert includes the most of the amendments and additions to the Constitutional Law of the Republic of Kazakhstan dated 25 December 2000 “On the Judicial System and Status of Judges of the Republic of Kazakhstan”2. Due to the amendments below, we also expect amendments to the Code of Civil Procedure, the Code of Criminal Procedure and the Code of Administrative Procedure of the Republic of Kazakhstan.
Amendments from 1 October 2024
The powers of the Chairman of the regional court have been supplemented
(1) Referral materials against a district court chairman to the Trial Jury to review his actions for misconduct of official duties;
(2) Providing a recommendation on whether or not to discipline a judge accountable for a gross violation of the rule of law.
The powers of the Chairman of the Supreme Court have been supplemented3
(1) Referral to the Trial Jury of materials against the chairman of a judicial panel, the chairman of a regional/cassation court or the chairman of a judicial panel of the Supreme Court for verification of his actions for improper performance of official duties;
(2) Recommending whether or not a judge should be disciplined for gross misconduct.
Expanding the discussion of issues in the plenary sessions of the regional court
1) A matter of referral to the Trial Jury of records against a district court president to review his actions for misconduct of official duties;
2) The matter of recommending to the Trial Jury whether or not to discipline a judge of a district court chairman or a judge of a regional court for gross violation of the rule of law.
Expanding the discussion of issues in the plenary sessions of the Supreme Court of Justice4
1) The matter of referral to the Trial Jury of materials against the chairman of a judicial panel, the chairman of a regional/cassation court or the chairman of a judicial panel of the Supreme Court for verification of his actions for improper performance of official duties;
2) The matter of making a recommendation to the Trial Jury on whether or not to discipline the chairman of a judicial collegium, the chairman of a regional/cassation court or the chairman of a judicial collegium of the Supreme Court for gross violation of the rule of law.
Amendments to the Trial Jury
A trial jury is formed to hear disciplinary cases against judges.
1) The number of Judicial Jury judges has changed and now consists of thirteen judges - three district court judges, four regional court judges, three cassation court judges and three Supreme Court judges. The Trial Jury also includes two representatives of the legal community with advisory voting rights.
2) Judges shall be appointed to the Trial Jury upon the recommendation of the expanded plenary session of the Supreme Court, under Article 22-2-1 of this Constitutional Law, and representatives of the legal community upon the recommendation of organizations, in accordance with their statutes, by the Supreme Judicial Council5.
3) The High Judicial Council has the right to reject, by reasoned decision, the nominees to the Trial Jury.
4) Also added and amended the grounds for the Trial Jury's consideration of materials against a judge.
The grounds for disciplinary liability of judges have been amended
A judge may be subject to disciplinary action:
1) for gross violation of legality in the consideration of court cases and materials.
- A gross violation of the rule of law means a clear and material breach of the law committed by a judge through bad faith or negligence.
- The fact of gross violation of legality shall be established by a higher judicial instance, which annulled or amended a judicial act on this ground and shall be indicated in the submission on the issue of bringing a judge to disciplinary responsibility for gross violation of legality, signed by the collegial composition of judges who considered the case.
- Cancellation or amendment of a judicial act related to the evaluation of evidence does not constitute a gross violation of legality;
2) A judicial mistake or the annulment or amendment of a judicial act shall not entail the responsibility of the judge, unless a gross violation of legality has been established.
Amendments from 1 November 2024
The requirements for judges and chairmen of cassation courts are established.
1) A judge of a cassation court may be a citizen who complies the requirements of Article 29-16, having at least eighteen years of work experience in the legal profession or at least eight years of work experience as a judge, including at least three years of work experience as a judge of a regional court;
2) Candidates for vacant positions of chairmen of cassation courts shall be recommended, as a rule, from among cassation court judges or persons with at least ten years of experience as a judge, including at least five years of experience as a judge of a regional court.
Amendments from 1 January 2025.
Amendment to the decision of the Quality of Justice Commission
The decision of the Commission for the Quality of Justice on the transfer of a judge to another court with a lower workload, to a lower court based on the results of the evaluation of professional performance is the basis for the High Judicial Council to consider the issue of transferring a judge to another court with a lower workload, to a lower court, and in case of refusal of transfer - on dismissal of the judge from his/her position.
Amendments from 1 July 2025.
Establishment of three independent cassation courts - for civil, criminal and administrative cases.
1) Location – Astana7 (all three courts).
2) Filing a motion directly with the cassation court, without preliminary examination.
3) Consideration by three judges, orally, with invitation of the parties.
5) Consideration period - not more than 6 months.
The structure, composition, powers of the court of cassation, powers of the president, and the plenary body of the court of cassation are established.
Powers of the cassation court:
1) considers court cases and materials as a court of cassation instance;
2) examines judicial practice and, based on the results of its generalization, considers issues of compliance with the rule of law in the administration of justice by lower judicial instances;
3) exercises other powers provided by law.
Altering the role of the Supreme Court of the Republic of Kazakhstan
The Supreme Court is the highest judicial body for civil, criminal, administrative and other cases under the jurisdiction of local and other courts; in cases provided for by law, it considers court cases within its jurisdiction and gives explanations on issues of judicial practice.
With the establishment of cassation courts, the role of the Supreme Court will also change, focusing on ensuring uniformity of judicial practice. The staff of the Supreme Court will be reduced to 35 judges8.
Revision of judicial acts will be possible in the Supreme Court in exceptional cases, upon submission of a Supreme Court judge:
(1) if they are adopted by local and cassation courts contrary to jurisprudence;
(2) need to be reconsidered in the interest of the development of the law.
We hope that the adopted amendments will contribute to the development of the judicial system, for instance, the consideration by cassation courts of applications directly with the summoning of the parties will make it possible to fully realize the constitutional right of persons to access to justice.
- Constitutional Law of Republic of Kazakhstan dated 05 July 2024 No.109-VIII “On making amendments and additions to some constitutional laws of the RK”.
- Constitutional Law of the Republic of Kazakhstan dated 25 December 2000 No.132-II “On the Judicial System and Status of Judges of the Republic of Kazakhstan”
- The new powers of the Chairman of the Supreme Council of the RK are suspended until 1 July 2025.
- Discussion of new issues at the plenary sessions of the Supreme Court of the RK suspended until 1 July 2025.
- Suspended until 1 July 2025.
- Art.29 of Constitutional Law of the Republic of Kazakhstan dated 25 December 2000 No.132-II “On the Judicial System and Status of Judges of the Republic of Kazakhstan”
- According to Majilis deputy Imasheva Snezhanna and Chairman of the Judicial Collegium for Criminal Cases of the Supreme Court Nazgul Rakhmetullina
- According to Majilis deputy Imasheva Snezhana
