Section VII. Courts and Justice
Article 75
1. Justice in the Republic of Kazakhstan shall be exercised only by a court.
2. Judicial power is exercised through civil, criminal and other forms of legal proceedings established by law. In cases provided by law, criminal proceedings are conducted with the participation of jurors.
3. The courts of the Republic are the Supreme Court of the Republic and local and other courts of the Republic established by law.
4. The judicial system of the Republic is established by the Constitution of the Republic and constitutional law. The establishment of special and emergency courts under any name is not allowed.
Article 76
1. Judicial authority shall be exercised on behalf of the Republic of Kazakhstan and, by its purpose, has the protection of the rights, freedoms and legitimate interests of citizens and organizations and the enforcement of the Constitution, laws, other normative legal acts and international treaties of the Republic.
2. The judicial power extends to all cases and disputes arising on the basis of the Constitution, laws, other regulatory legal acts and international treaties of the Republic.
3. Decisions, sentences and other rulings of the courts are binding throughout the territory of the Republic.
Article 77
1. A judge in the administration of justice is independent and subject only to the Constitution and the law.
2. Any interference with the court’s administration of justice is unacceptable and punishable by law. Judges are not accountable for specific cases.
3. When applying the law, the judge shall be guided by the following principles:
1) a person is considered to be innocent of committing a crime until his guilt is recognized by the court judgment that has entered into legal force;
2) no one may be subjected to repeated criminal or administrative liability for the same offense;
3) no one’s court jurisdiction, provided for him by law, can be changed without his consent;
4) everyone has the right to be heard in court;
5) laws that establish or strengthen liability, impose new duties on citizens or worsen their situation, do not have retroactive effect. If, after committing the offense, the responsibility for it is cancelled or mitigated by law, the new law shall be applied;
6) the accused is not obliged to prove his innocence;
7) no one is obliged to testify against himself, or his spouse (-s) and close relatives, whose circle is determined by law. Priests are not obliged to testify against those who confided in them at confession;
8) any doubts about the guilt of the person shall be interpreted in favour of the accused;
9) evidence obtained in an unlawful manner is not legally binding. No one can be convicted solely on the basis of his own confession;
10) the application of criminal law by analogy is not allowed.
4. The principles of justice established by the Constitution are common and uniform for all courts and judges of the Republic.
Article 78
The courts are not entitled to apply laws and other regulatory legal acts that infringe the rights and freedoms of a person and citizen enshrined in the Constitution. If the court finds that the law or other regulatory legal act to be applied infringes upon the rights and freedoms of a person and citizen enshrined in the Constitution, he is obliged to suspend the proceedings and apply to the Constitutional Council with a view to declare this act unconstitutional.
Article 79
1. The courts consist of permanent judges whose independence is protected by the Constitution and the law. The powers of a judge may be terminated or suspended solely on the grounds established by law.
2. A judge may not be arrested, brought in, have administrative measures imposed against him in court or be brought to criminal responsibility without the consent of the President of the Republic of Kazakhstan, based on the opinion of the Supreme Judicial Council of the Republic, or in the case established by subparagraph 3) of Article 55 of the Constitution, - without the consent of the Senate, except in cases of detention at the crime scene or committing serious crimes.
3. Requirements for judges of the courts of the Republic shall be determined by constitutional law.
4. The position of a judge is incompatible with the following roles: a deputy’s mandate, the occupation of another paid position except for teaching, scientific or other creative activities,; entrepreneurial activities, and joining the governing body or supervisory board of a commercial organization.
Article 80
Funding of courts and the provision of judges with housing is carried out at the expense of the republican budget and should ensure the possibility of full and independent administration of justice.
Article 81
The Supreme Court of the Republic of Kazakhstan is the highest judicial body in civil, criminal and other cases, jurisdictional, local and other courts, and in cases stipulated by law it considers cases related to its jurisdiction and gives explanations on matters of judicial practice.
Article 82
1. The Chairperson and judges of the Supreme Court of the Republic of Kazakhstan are elected by the Senate on the proposal of the President of the Republic, based on recommendation of the High Judicial Council.
2. The Chairpersons and judges of local and other courts are appointed by the President of the Republic based on the recommendation of the High Judicial Council.
3. In accordance with constitutional law, judicial panels may be established in courts. The procedure for empowering the chairpersons of the judicial boards shall be determined by constitutional law.
4. The Supreme Judicial Council consists of the President and other persons appointed by the President of the Republic.
5. The status and organization of work of the High Judicial Council shall be determined by law.
Article 83
1. The Prosecutor’s Office, on behalf of the state and in the limits and forms established by law, supervises the observance of legality on the territory of the Republic of Kazakhstan, represents the interests of the state in court, and carries out criminal prosecutions on behalf of the state.
2. The Office of the Public Prosecutor of the Republic shall compile a single centralized system with the subordination of the lower level prosecutors to the higher and to the Prosecutor General of the Republic. It exercises its authority independently of other state bodies and officials, and is accountable only to the President of the Republic.
3. The Prosecutor General of the Republic during his term of office may not be arrested, brought to trial, be subject to administrative measures imposed in court or brought to criminal responsibility without the consent of the Senate, except in cases of detention at the crime scene or committing serious crimes. The term of office of the Prosecutor General is five years.
4. The competence, organization and procedure of the activities of the General Prosecutor’s Office of the Republic shall be determined by law.
Article 83-1
1. The Commissioner for Human Rights in the Republic of Kazakhstan promotes the restoration of violated human and civil rights and freedoms, promotes the rights and freedoms of person and citizen.
2. When exercising his powers, the Commissioner for Human Rights is independent and unaccountable to State bodies and officials.
3. During the term of his/her powers, the Commissioner for Human Rights may not be arrested, subjected to a drive, administrative penalties imposed in court, brought to criminal responsibility without the consent of the Senate, except in cases of detention at the scene of a crime or the commission of serious crimes.
4. The legal status and organization of the activities of the Commissioner for Human Rights are determined by the Constitutional law.
Article 84
Article 84 is excluded by the Law of the Republic of Kazakhstan dated 21.05.2007 No. 254 (shall be enforced from the date of its official publication).
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