Law in Kazakhstan Judicial power Court system

Principles of judicial power
Judicial power belongs only to the court (and to the jury – in criminal procedure)
Only courts can make justice
No ad hoc (special) courts are allowed
Nobody can be deprived of the right for the court protection of one’s violated rights
Judges are independent and obey only the Constitution and other laws.

Sources:
Constitution
Constitutional Law on the court system and the status of judges of the Republic of Kazakhstan (25.12.2000)

State symbols
Art.2 of the Law on CSSJ: in the courtroom there must be a flag and the emblem of the RK. The judge wears gown.

Gulmarzhan Adilsultani, Aktau

Part 1: Courts system of the RK
District (rayon) Court
Around 260
Oblast Court
14 + Almaty and Astana
[Economic Courts and other specialized courts]
Supreme Court
1 court, 48 Judges

Rayon Courts
Rayon court is a court of first instance
Considers civil and criminal cases which are under the jurisdiction of this court
Judges of rayon courts are appointed by the President
The President determines the number of courts in every rayon.

Oblast Courts
Oblast Courts are the courts of second (appeal) instance, or first instance for more serious cases
Oblast Courts are established and reorganized by the President
Total number of judges of oblast courts is determined by the President
Oblast Court consists of chairman, chairmen of boards, and judges
Boards:
Supervising board
Civil cases board
Criminal cases board
Plenary session of the court.

Supreme Court
Supreme Court is a court of the highest instance for civil, criminal and other cases
Consists of chairman, chairmen of boards, and judges
General number of judges of the Supreme Court is determined by the President.

Judge is:
Irremovable
Independent
Immune.

Judge of rayon court:
Citizen of Kazakhstan
>25 years old
Perfect reputation
>2 years of experience in legal sphere
Special examination
Medical certificate
Internship in court/specialized master certificate.

Judge of oblast/Supreme Court
The same requirements, but
>10/15 years of experience in legal sphere, >5/10 of which as a judge.

Rights guaranteed by the Constitution:
Article 77(3)
Innocent until proven guilty (presumption of innocence)
Double Jeopardy prohibited
Jurisdiction can not be changed
Right to be heard in Court
Ex Post Facto prohibited
Defendant not required to testify against himself, spouse or close relatives
Religious minister is not required to testify against a person who made a confession
All doubts are to be interpreted in favor of the accused
The proofs acquired in an illegal way are invalid
Nobody can be executed only on the basis of own admission of guilt