Kazakhstan: it will be possible to become a judge of the Supreme Court without an exam
In Kazakhstan, the requirements for applicants for the position of a judge of the Supreme Court have been softened. According to the adopted amendments, from now on, candidates for judges of the Supreme Court of Kazakhstan and candidates for the position of chairman of the Supreme Court will not have to pass the qualification exam. In addition, the requirement for candidates to have at least 20 years of experience in the legal area has been canceled.
“Considering that the persons, who are nominated by the President of the Republic for election to these judicial positions, have sufficient experience, and are professionals, the bill proposes to exclude the current provision on passing the qualification exam and cancel the requirement that they should have at least 20 years of work experience in the legal profession”, it is said in the conclusion of the Senate concerning the draft constitutional law “On amendments and additions to the Constitutional Law of the Republic of Kazakhstan On the judicial system and the status of judges of the Republic of Kazakhstan”.
At the same time, as the deputies of the Senate note, there are still the requirements for age, the required level and profile of education, high moral and ethical qualities, an unstained reputation, the absence of diseases that prevent the performance of professional duties of a judge.
It should be noted that the Supreme Court of the Republic of Kazakhstan is the highest judicial body for civil, criminal and other cases, which is under the jurisdiction of local and other courts. It supervises their activities in the procedural forms, provided for by law, and provides clarifications on issues of judicial practice. The status of the Supreme Court is described in the Constitution of Kazakhstan. The Chairman of the Supreme Court, chairmen of the collegiums and judges of the Supreme Court of the Republic of Kazakhstan are elected by the Senate on the proposal of the President of the country. The total number of judges of the Supreme Court is established by the President of the Republic of Kazakhstan on the proposal of the Chairman of the Supreme Court.
It’s worth recalling that the Supreme Court is also prone to corruption, like other departments of Kazakhstan. So, just recently, the Anti-Corruption Agency, together with employees of the Internal Security Department of the Supreme Court, detained the judge of the Supreme Court, Meiram Zhanguttinov, who is suspected of taking a bribe in the amount of $ 8,000.
The public corruption scandal was in the Supreme Court in 2011. It caused a stir. Then, at once, six supreme judges were suspected of exceeding their powers and receiving bribes on a large scale. Since the appointment and removal of judges of the Supreme Court is the prerogative of the President of the country, the Financial Police (now the Anti-Corruption Agency) turned to the head of state with a request to dismiss six judges – Almaz Tashenov, Maksut Abilkair, Marklen Kamnazarov, Marzia Baltabay, Bakhytzhan Zhakupov and Sailaubek Dzhakishev. As the financial policemen noted in their appeal, these six supreme judges ruled in favor of private individuals, intervened in the judicial process, and lobbied for the interests of the activities of false entrepreneurs.
