The Supreme Judicial Council plays a key role in ensuring the independence and inviolability of judges

The Supreme Judicial Council plays a key role in ensuring the independence and inviolability of judges

The Supreme Judicial Council plays a key role in ensuring the independence and inviolability of judges. To implement these task an autonomous and independent disciplinary body - the Judicial Jury is functioning under the Council, that has the authority to review disciplinary cases and materials against judges of all judicial instances.

A judge may be disciplined solely for committing misconduct provided by the Constitutional Law "On the Judicial System and Status of Judges of the Republic of Kazakhstan".

Such offenses include:

  1. Gross violation of legality in the consideration of court cases and materials; 2. Committing by a judge of a defamatory misconduct, contrary to judicial ethics; 3. Improper performance by the chairmen of courts and judicial boards of their official duties. At the same time, the grounds for the Judicial Jury to consider materials against judges are: 1. Representation of a higher court instance against a judge for gross violation of the law when considering court cases and materials; 2. The representation of the Chairman of the Supreme Court or the decision of the Commission on judicial ethics against a judge for committing defamatory misconduct contrary to judicial ethics; 3. The representation of the Chairman of the Supreme Court or the decision of the plenary session of the regional court or the Supreme Court relating to chairmen of courts and judicial boards for improper performance of official duties. The Judicial Jury itself does not have the right to independently initiate disciplinary proceedings. The role of the Council in matters of disciplinary responsibility of judges is to consider their complaints against the decisions of the Judicial Jury, which is an additional protection of the rights of judges. In order to ensure openness and accessibility of work, the Chairman of the Council, Dmitriy Malakhov, accepts citizens on a daily basis on all issues, including the disciplinary responsibility of judges. This is an important feedback mechanism aimed at strengthening citizens' trust in the judicial system.