On measures to improve the activities of the Supreme Judicial Council of the Republic of Kazakhstan

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Decree of the President of the Republic of Kazakhstan dated December 23, 2015 No. 137.

In accordance with paragraphs 3, 7 of Article 1 of the Law of the Republic of Kazakhstan "On the Supreme Judicial Council of the Republic of Kazakhstan", I HEREBY DECREE:

1. To create a state institution "The Apparatus of the Supreme Judicial Council of the Republic of Kazakhstan".

2. Approve the attached documents:

1) Regulations on the Staff of the Supreme Judicial Council of the Republic of Kazakhstan (hereinafter referred to as the Staff);

2) excluded by Decree of the President of the Republic of Kazakhstan dated 18.03.2019 No. 880;

3) amendments and additions to some decrees of the President of the Republic of Kazakhstan.

The footnote. Paragraph 2 as amended by Decree of the President of the Republic of Kazakhstan dated 18.03.2019 No. 880.

3. The Government of the Republic of Kazakhstan, together with the Administration of the President of the Republic of Kazakhstan, the Office of the President of the Republic of Kazakhstan, the Supreme Judicial Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, shall take other measures arising from this Decree.

4. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.

5. This Decree will enter into force on January 1, 2016.

President of the Republic of Kazakhstan

N. NAZARBAYEV

Approved by Decree of the President of the Republic of Kazakhstan on December 23, 2015 No. 137

Regulations on the Staff of the Supreme Judicial Council of the Republic of Kazakhstan

Chapter 1. General provisions

The footnote. The title of Chapter 1 is as amended by Decree of the President of the Republic of Kazakhstan dated 06/10/2023 No. 252 (effective from the date of its first official publication).

1. The Office of the Supreme Judicial Council of the Republic of Kazakhstan (hereinafter referred to as the Office) It is a state body that provides information and analytical, organizational, legal, logistical support for the activities of the Supreme Judicial Council of the Republic of Kazakhstan (hereinafter referred to as the Council).

2. The Office carries out its activities in accordance with the Constitution of the Republic of Kazakhstan, the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "On the Supreme Judicial Council of the Republic of Kazakhstan", acts of the President and Government of the Republic of Kazakhstan, this Regulation, as well as other regulatory legal acts.

3. The Office is a legal entity in the organizational and legal form of a state institution, has seals and stamps with its name in the state language, letterheads of the established sample, as well as accounts with treasury authorities in accordance with the legislation of the Republic of Kazakhstan.

4. The Office enters into civil law relations on its own behalf.

5. The Office has the right to act as a party to civil law relations on behalf of the state, if it is authorized to do so in accordance with the legislation of the Republic of Kazakhstan.

6. The Staff makes decisions on matters of its competence in accordance with the procedure established by law, which are formalized by orders of the Chief of Staff.

The footnote. Paragraph 6 is amended by Decree of the President of the Republic of Kazakhstan dated 06/10/2023 No. 252 (effective from the date of its first official publication).

7. The structure of the Staff is approved by the Chairman of the Council. The total staff size of the Office is approved by the President of the Republic of Kazakhstan.

The footnote. Paragraph 7 as amended by Decree of the President of the Republic of Kazakhstan dated 18.03.2019 No. 880.

8. The legal address of the Office is: 010000, Republic of Kazakhstan, Astana city, Yesil district, Mangilik El Avenue, 8, entrance 1B.

The footnote. Paragraph 8 is amended by Decree of the President of the Republic of Kazakhstan dated 04/13/2023 No. 195 (effective from the date of its first official publication).

9. The full name of the Office is the state institution "Office of the Supreme Judicial Council of the Republic of Kazakhstan".

10. This Regulation is the constituent document of the Office.

11. The financing of the Office's activities is carried out from the republican budget.

12. The Apparatus is prohibited from entering into contractual relations with business entities for the performance of duties that are functions of the Apparatus.

Chapter 2. Tasks and powers of the Apparatus

The footnote. The title of Chapter 2 is as amended by Decree of the President of the Republic of Kazakhstan dated 06/10/2023 No. 252 (effective from the date of its first official publication). 13. Excluded by Decree of the President of the Republic of Kazakhstan dated 06/10/2023 No. 252 (effective from the date of its first official publication).

14. The main task of the Staff is to provide information, analytical, organizational, legal, and logistical support for the Council's activities.

15. Functions:

1) information and analytical, organizational and legal support for the Chairman and members of the Council on issues affecting the powers of the Council;

2) material and technical support of the Council's activities;

3) in accordance with the legislation, the implementation of measures for the financial and logistical support of the activities of the Qualification Commission under the Council;

4) preparation of information to the President of the Republic of Kazakhstan on the work of the Council and the state of personnel work in the judicial system;

5) provision of preparation for Council meetings;

6) ensuring (monitoring) the implementation of decisions taken by the Council;

6-1) organization of the Council's work to guarantee the independence and inviolability of judges;

7) organizing a competitive selection by the Council for the vacant position of a judge of a district and equivalent court (hereinafter referred to as the district court), chairman of the judicial board, judge of a regional and equivalent court (hereinafter referred to as the regional court), judge of the Court of Cassation, judge of the Supreme Court;

8) preliminary examination of documents of persons participating in the competition for the vacant position of a judge of the district court, chairman of the judicial board, judge of the regional court, judge of the Court of Cassation, judge of the Supreme Court, for their compliance with the requirements;

8-1) organization by the Council of the selection of candidates for vacant positions of chairmen of district courts from among persons who have independently nominated their candidacy and (or) persons who are in the personnel reserve;

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

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

conclusions of the expanded plenary sessions of regional courts in respect of persons elected to vacant positions of chairmen of district courts;

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

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

issues of appointing candidates to vacant judicial positions without competition in cases stipulated by the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan";

issues of 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, termination of resignation;

issues of dismissal from the positions of judges of local and other courts in cases of reorganization, abolition of the court, reduction in the number of judges of the relevant court, if they do not consent to occupy the vacant position of a judge in another court, as well as in the case of refusal of a judge to transfer to another court, to another specialization in the cases provided for in subparagraph 4) paragraph 1, part two of paragraph 5 of Article 44 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan";

issues of dismissal from their positions of chairmen, chairmen of judicial boards of local and other courts in cases of reorganization, abolition of the court, expiration of their term of office, if they do not consent to fill the vacant position of judge in another court, as well as in case of refusal of the chairman of the court, chairman of the judicial board from transfer to another court, to another specialization in in the cases provided for in subparagraph 4) paragraph 1, part two of paragraph 5 of Article 44 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan";

issues of dismissal from the positions of judges of the Supreme Court in the event of a reduction in the number of judges of the Supreme Court, if they do not consent to fill the vacant position of a judge in another court, as well as in the event of a refusal by a judge of the Supreme Court to transfer to another court, to another specialization in the cases provided for in subparagraph 4) paragraph 1, part two of paragraph 5 of Article 44 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan";

issues of dismissal of the chairmen of the judicial boards of the Supreme Court in cases of expiration of their term of office, if they do not consent to fill the vacant position of a judge in another court, as well as in the case of refusal of the chairman of the judicial board of the Supreme Court from transfer to another court, to another specialization in the cases provided for in subparagraph 4) paragraph 1, part two of paragraph 5 of Article 44 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan";

issues of dismissal from their posts of chairmen of judicial boards and judges of the Supreme Court, chairmen, chairmen of judicial boards and judges of local and other courts due to professional unfitness based on a decision of the Commission on the Quality of Justice at the Supreme Court (hereinafter referred to as the Commission on the Quality of Justice), as well as in cases of termination of judicial powers at their own request, appointment, election of a judge to another position and his transfer to another job, reaching the retirement age or the age limit for holding office as a judge;

issues of dismissal from their positions 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 termination of the powers of a judge for health reasons that prevent further performance of professional duties, in accordance with a medical opinion, the entry into force of a court decision on recognition as incompetent or with limited legal capacity, or the application to he received compulsory medical measures, a court verdict of guilty for committing a criminal offense, termination of a criminal case at the pre-trial stage on non-rehabilitating grounds, termination of citizenship of the Republic of Kazakhstan, death of a judge or entry into force of a court decision declaring him deceased;

issues of dismissal from their 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 committing disciplinary offenses or for failure to comply with the requirements of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and Status of Judges of the Republic of Kazakhstan" based on the decision of the Judicial Jury;

issues of extending the term of office of a judge upon reaching retirement or retirement age;

submissions of the Chairman of the Supreme Court on giving consent to the appointment of a candidate for the position of head of an authorized state body in the field of judicial administration and for his dismissal from office;

appeals from judges to appeal the decisions of the Judicial Jury and the Commission on the Quality of Justice;

questions about submitting an opinion to the President of the Republic of Kazakhstan to resolve the issue of giving consent to the detention, detention or house arrest of a judge, bringing him in, applying administrative penalties imposed by court, bringing a judge to criminal responsibility;

questions about giving consent to the establishment of the total number of judges, the number of judges of each local and other court;

issues related to the formation of a personnel reserve for the positions of chairman of the district court, chairman, chairmen of judicial boards and judges of the regional court, chairman and judge of the Court of Cassation, chairmen of judicial boards and judges of the Supreme Court (hereinafter referred to as the personnel reserve);

10) development of draft decrees on the appointment and dismissal of chairmen and chairmen of boards, judges of local and other courts;

10-1) ensuring the activities of the Judicial Jury, the Personnel Reserve Commission, the Qualification Commission, and the Competitive Selection Commission;

11) development of proposals to improve the judicial system and legislation of the Republic of Kazakhstan;

11-1) ensuring the Council's activities aimed at improving the quality of the judicial corps, improving the personnel training system, and improving the qualifications of judges;

11-2) preparation of the draft regulations of the Council;

12) ensuring the authority of the Council to accept qualification exams from citizens who have expressed a desire to work as judges, to keep records of persons who have passed qualification exams for the position of judge, who have received a recommendation from the Council, who have received a recommendation from the Council, who have completed internships in courts and received opinions from plenary sessions of regional and equivalent courts, as well as persons who have graduated from the Academy of Justice under the Council;

12-1) ensuring the authority of the Council to form an annual National report on the state of judicial personnel in the judicial system and submit it to the President of the Republic of Kazakhstan, ensuring its subsequent publication;

13) ensuring the authority of the Council to keep electronic personal records of judges;

14) ensuring the Council's interaction with other state bodies, bodies of other States and international organizations;

14-1) organization of the Council's work on approval:

the procedure for the formation and organization of work with the personnel reserve;

candidacies of the Chairman of the Personnel Reserve Commission at the Council and the composition of the Commission;

the composition of the Judicial Jury at the Council;

14-2) organization of the Council's work on:

determining the procedure for passing psychological testing by judicial candidates;

establishing the procedure for issuing a certificate to a judge;

Approval of the Regulations on the Council for Cooperation with the Courts;

15) consideration of appeals from individuals and legal entities;

15-1) review, coordination and approval of budget expenditures of the Academy of Justice under the Council;

15-2) price coordination for goods (works, services) Academy of Justice under the Council;

15-3) organization of work on judicial education and professional development of judges;

16) performing other functions assigned to the Staff by the legislation of the Republic of Kazakhstan.

The footnote. Paragraph 15 as amended by Decrees of the President of the Republic of Kazakhstan dated 05.05.2018 No. 681; dated 18.03.2019 No. 880; dated 10.06.2023 No. 252 (for the procedure of entry into force, see paragraph 4); dated 18.12.2024 No. 736 (effective from 01.01.2025); dated 30.06.2025 No. 926 (effective from the date of its first official publication).

16. Rights and obligations:

1) request necessary documents and materials from government agencies and officials, organizations and citizens in accordance with the established procedure;

2) in accordance with the procedure established by law, use information databases available to government agencies.;

3) ensure the implementation of the tasks and functions assigned to the Apparatus;

4) ensure anti-corruption work;

5) comply with the legislation of the Republic of Kazakhstan;

6) exercise other rights and obligations stipulated by the legislation of the Republic of Kazakhstan.

Chapter 3. Status and powers of the Chief of Staff

The footnote. The title of Chapter 3 is as amended by Decree of the President of the Republic of Kazakhstan dated 06/10/2023 No. 252 (effective from the date of its first official publication).

17. The management of the Apparatus is carried out by the head, who is personally responsible for the fulfillment of the tasks assigned to the Apparatus and the exercise of its functions.

The Chief of Staff is ex officio Secretary of the Council.

The footnote. Paragraph 17 is amended by Decree of the President of the Republic of Kazakhstan dated 06/10/2023 No. 252 (effective from the date of its first official publication).

18. The Chief of Staff is appointed and dismissed by the President of the Republic of Kazakhstan.

18-1. The Chief of Staff may have deputies who are appointed and dismissed by the Chairman of the Council on the recommendation of the Chief of Staff.

The Chief of Staff determines the powers of his deputies.

The footnote. Chapter 3 was supplemented by paragraph 18-1 in accordance with Decree of the President of the Republic of Kazakhstan dated 06/10/2023 No. 252 (effective from the date of its first official publication); as amended by Decree of the President of the Republic of Kazakhstan dated 06/13/2024 No. 570 (effective from 07/01/2024). 19. Excluded by Decree of the President of the Republic of Kazakhstan dated 05.05.2018 No. 681.

20. Powers of the Chief of Staff:

1) organizes the activities of the Apparatus;

2) formulates, on the proposal of the Council members, a list of issues to be considered at the upcoming meeting and reports them to the Chairman in advance.;

3) certify with his signature extracts from the minutes of meetings, recommendations, conclusions and protocol decisions adopted by the Council;

4) organizes, if necessary, inspections;

5) determines the list of persons invited to the Council meeting and ensures their attendance;

6) executes orders of the Chairman and decisions of the Council;

7) approves the rules for calculating the length of service of members of the Council from among legal scholars and lawyers, which gives the right to set the official salary;

8) manages the Staff: organizes, coordinates and controls the work of its divisions;

9) organizes information and analytical, organizational and legal, logistical and financial support for the activities of the Apparatus;

10) approves the regulations on the structural divisions of the Staff in consultation with the Chairman of the Council.;

11) monitors compliance with executive and labor discipline in the Staff;

12) carries out management in the field of public procurement of the Council, including signing invoices for payment;

13) coordinates the staffing table of the Academy of Justice under the Council;

14) approves the Rules for the provision of paid activities for the sale of goods (works, services) by the Academy of Justice under the Council and its spending of money from the sale of goods (works, services);

15) organizes and is responsible for conducting public procurement for the logistical support of the Council's activities;

16) appoints and dismisses staff members in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

17) approves job descriptions of heads of structural divisions and staff members;

18) decides on business trips, vacations, financial assistance, training (retraining), advanced training, incentives, allowances and bonuses for staff members;

19) resolves issues of disciplinary responsibility of staff members;

20) ensures the preparation of the budget application, the submission of the budget application to the Chairman of the Council, as well as the implementation of other procedures of the budget process;

21) ensures the development and approves the financing plans of the body and the financial statements of the Council;

22) represents the Council in relations with government agencies and other organizations within its competence;

23), within its competence, ensures compliance with the requirements of the legislation of the Republic of Kazakhstan on combating corruption;

24) takes measures aimed at improving the organization of the Council's work, monitors the implementation of Council decisions;

25) organizes work with appeals from individuals and legal entities;

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

The execution of the powers of the Chief of Staff during his absence is carried out by the person replacing him, in accordance with the current legislation.

The footnote. Paragraph 20 is amended by Decree of the President of the Republic of Kazakhstan dated 06/10/2023 No. 252 (for the procedure of entry into force, see paragraph 4).

Chapter 4. Property of the Apparatus

The footnote. The title of Chapter 4 is as amended by Decree of the President of the Republic of Kazakhstan dated 06/10/2023 No. 252 (effective from the date of its first official publication).

21. The Office of operational management has separate property in cases provided for by law.

The property of the Apparatus is formed at the expense of the property transferred to it by the owner.

22. The property assigned to the Office belongs to republican ownership.

24. The Office has no right to independently alienate or otherwise dispose of the property assigned to it and property acquired at the expense of funds provided to it under the financing plan, unless otherwise established by law.

Chapter 5. Reorganization and abolition of the Apparatus

The footnote. The title of Chapter 5 is as amended by Decree of the President of the Republic of Kazakhstan dated 06/10/2023 No. 252 (effective from the date of its first official publication).

25. The reorganization and abolition of the Office is carried out in accordance with the legislation of the Republic of Kazakhstan.

Approved by Decree of the President of the Republic of Kazakhstan on December 23, 2015 No. 137

The structure of the Apparatus of the Supreme Judicial Council of the Republic of Kazakhstan

The footnote. The structure was excluded by the Decree of the President of the Republic of Kazakhstan dated 18.03.2019 No. 880.

Approved by Decree of the President of the Republic of Kazakhstan on December 23, 2015 No. 137

AMENDMENTS AND ADDITIONS to some decrees of the President of the Republic of Kazakhstan

1. To the Decree of the President of the Republic of Kazakhstan dated January 22, 1999 No. 29 "On measures for further optimization of the system of State bodies of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1999, No. 1, art. 2):

in appendix 1 to the above-mentioned Decree:

after the line:

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Office of the Constitutional Council of the Republic of Kazakhstan

add a line:

Download

Office of the Supreme Judicial Council of the Republic of Kazakhstan

2. Abrogated by Decree of the President of the Republic of Kazakhstan dated 07/31/2023 No. 290. 3. Abrogated by Decree of the President of the Republic of Kazakhstan dated 05.05.2018 No. 681.

4. To the Decree of the President of the Republic of Kazakhstan dated February 11, 2008 No. 533 "On the staffing and structure of the Administration of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2008, No. 5, art. 52):

In paragraph 1, replace the digits "369" with the digits "368";

in the structure of the Administration of the President of the Republic of Kazakhstan, approved by the above-mentioned Decree:

delete the fourth line.

5. To the Decree of the President of the Republic of Kazakhstan dated March 11, 2008 No. 552 "On Approval of the Regulations on the Administration of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2008, No. 12-13, art. 116):

in the Regulations on the Administration of the President of the Republic of Kazakhstan, approved by the above-mentioned Decree:

Subparagraph 2) of paragraph 9 should be worded as follows:

"2) ensuring the activities of the Secretary of State of the Republic of Kazakhstan (hereinafter referred to as the Secretary of State), the Assembly of the People of Kazakhstan and the consultative and advisory bodies under the President;";

Subparagraph 15) of paragraph 22 should be worded as follows:

"15) provides information and analytical, organizational and documentation support for the activities of the Secretary of State, the Assembly of the People of Kazakhstan, and advisory bodies under the President, and monitors the implementation of their decisions;";

Paragraph 23 should be worded as follows:

"23. The Administration consists of the Head of the Presidential Administration of the Republic of Kazakhstan (hereinafter referred to as the Head of the Administration), the Secretary of the Security Council of the Republic of Kazakhstan, Deputy Heads of Administration, assistants to the President of the Republic of Kazakhstan, the Head of the Office of the President of the Republic of Kazakhstan, advisers to the President of the Republic of Kazakhstan, heads of structural divisions and other Administration staff.";

Subparagraph 18) of paragraph 24 should be worded as follows:

"18) provides permanent communication between the Administration and the Parliament, its Chambers, working bodies and offices of the Chambers of Parliament; the Government and the Office of the Prime Minister; ministries and other central executive bodies; the Constitutional Council; the Supreme Court; the Supreme Judicial Council; state bodies directly subordinate and accountable to the President; akims, maslikhats of regions, cities of republican significance and the capital; political parties and other public associations; mass media; individuals and legal entities;";

in paragraph 32:

subparagraph 1) add the following seventh paragraph:

"To the Supreme Judicial Council of the Republic of Kazakhstan on issues not related to the selection of candidates for judicial positions;";

The third part should be worded as follows:

"The powers provided for in the sub-paragraphs 1), 2), 3), 4), 5), 6) and 7) of this paragraph, with the exception of the second paragraph of subparagraph 1), have: Deputy Heads of Administration, Secretary of the Security Council, assistants to the President, Head of the Presidential Office, Presidential advisers.".

6. To Decree of the President of the Republic of Kazakhstan dated November 16, 2015 No. 112 "On Amendments to Decrees of the President of the Republic of Kazakhstan dated January 8, 1997 No. 3315 "On the Number of the Supreme Court of the Republic of Kazakhstan" and January 22, 1999 No. 29 "On measures to further Optimize the system of State Bodies of the Republic of Kazakhstan"":

in subparagraph 2) of paragraph 1 of the above-mentioned Decree:

a string:

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Department for Ensuring the Activity of Courts under the Supreme Court of the Republic of Kazakhstan (Office of the Supreme Court of the Republic of Kazakhstan), including:

territorial bodies (court offices) in regions, the capital, and cities of national significance

6233

6005

to state it in the following wording:

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Department for Ensuring the Activities of Courts under the Supreme Court of the Republic of Kazakhstan (Office of the Supreme Court of the Republic of Kazakhstan), including:

territorial bodies (court offices) in regions, the capital, and cities of national significance

6221

5993

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