Judge Qualification Exam (Kazakhstan) cheat sheet

The Constitution was adopted by national referendum on 30 August 1995; it has been amended in 1998, 2007, 2011, 2017 and 2022, and 30 August is a public holiday (Constitution Day).

Article 1 fixes the state form: a democratic, secular, legal and social state whose highest values are the person, life, rights and freedoms; the state is unitary with presidential government.

Article 91 sets rigid amendment rules: changes to the unitary state, territorial integrity, republican form of government and the core provisions of Articles 1, 2 and 4 require a republican referendum; other amendments need a two-thirds majority of the total number of deputies of each Chamber.

Constitutional review is centralized in the Constitutional Court (replacing the Constitutional Council under the 2022 amendments); it rules on the constitutionality of laws, presidential and parliamentary elections, and treaties before ratification.

The President is elected for a single seven-year term without the right to re-election (2022 amendment); the President may not be a member of a political party while in office.

Parliament consists of the Mazhilis and the Senate; the Mazhilis has 98 deputies elected for five years, the Senate has 50 deputies (40 elected by maslikhats, 10 appointed by the President).

Human rights are directly applicable (Article 4: the Constitution has supreme legal force); restrictions on rights are permitted only by law and only to the extent necessary to protect constitutional values.

The Constitutional Court may be petitioned by the President, Parliament, the Prime Minister, the Prosecutor General, the Human Rights Commissioner, and - for individual complaints - by citizens whose rights are affected by a law applied to them.

The death penalty is abolished by law (2022 amendments to Article 15), reflecting the constitutional commitment to the right to life and human dignity.

The Administrative Procedure and Process Code (APPC, 2020) governs administrative procedures (public bodies' decisions) and administrative court proceedings; it distinguishes administrative cases (disputes with state bodies) from civil cases.

General rule on burden of proof: a public body issuing an administrative act must prove the lawfulness and factual basis of the act; the private party does not have to prove the act's unlawfulness.

Standing: an individual or legal entity may challenge an administrative act if their rights, freedoms or legitimate interests are affected; the claim is filed with the specialized administrative court (or inter-district administrative court).

Time limits: a claim against an administrative act may be filed within 3 months of the applicant learning of the act; for certain acts (e.g., tax, land) special deadlines apply.

An administrative act may be suspended by the court if its execution would cause irreparable harm; interim measures (injunction) are decided within 3 days.

Administrative procedure principles: legality, proportionality, reasonableness, good faith, equality, transparency, and the right to be heard before an adverse decision is adopted.

The court reviews the act's legality, not its expediency; if unlawful, it may annul the act and order the body to re-decide within a specified period.

Administrative penalties (Code of Administrative Offences) require: an unlawful act (injury), culpability, causal link, and the statute of limitations (generally 2 months from the offence, extended for certain offences).

The Civil Code (General Part, 1994; Special Part, 1999) recognizes transactions in oral, written (simple or notarized) form; transactions requiring state registration (e.g., real estate) take effect upon registration.

Limitation period (general) is 3 years from the day the person knew or should have known of the violation of their right; maximum period is 10 years from the violation; the court applies limitation only on the defendant's application.

Contract validity: essential elements are parties, subject matter, and consideration; a contract is void if it violates mandatory law or is concluded under fraud, duress, or mistake; voidable contracts may be challenged within 1 year.

Civil Procedure Code (2015) governs: filing a claim (statement of claim), jurisdiction (claim filed at defendant's residence, with exceptions for real estate, consumer, and corporate disputes), and representation.

Court fees: state duty is calculated by the CPC/ Tax Code; plaintiffs may request deferral or reduction of state duty; certain categories (labor, alimony, some administrative) are exempt.

Evidence: parties bear the burden of proof; the court evaluates evidence by inner conviction, and evidence obtained in violation of law is inadmissible.

Appeal: an appeal against a first-instance court decision is filed within 1 month (or 15 days for certain categories) through the court that issued the decision; cassation follows appeal.

Property rights: ownership includes possession, use and disposal; the owner may reclaim property (vindication) or demand removal of obstacles (negatory action); acquisitive prescription is 5 years for movable, 15 years for immovable property.

Criminal Code (2014): the age of criminal responsibility is 16 generally; 14 for grave and especially grave crimes listed in Article 15 (e.g., murder, rape, robbery, theft under aggravating circumstances).

Categories of crimes: minor (up to 2 years), medium (up to 5 years), grave (up to 12 years), especially grave (over 12 years or life imprisonment); this affects parole, limitation periods and sentencing.

Presumption of innocence (Article 19 of the Constitution; Article 14 of the CPC): the accused is presumed innocent until guilt is proven by a court verdict; doubts are interpreted in favor of the accused.

Criminal procedure stages: pre-investigation check, pre-trial investigation, trial, appeal, cassation; the prosecutor supervises the investigation; the court may not initiate a criminal case on its own.

Detention (measure of restraint): a court order is required for arrest, search, seizure of property, and interception of communications; the investigator must obtain judicial authorization within 24 hours for detention.

Plea agreement / procedural cooperation: the accused may enter a plea agreement with the prosecutor, which the court approves if the confession is voluntary and the facts are supported by evidence.

Appeal: an appeal against a court verdict is filed within 15 days (or 10 days for detained persons) through the court that issued the verdict; the appellate court may uphold, change or annul the verdict.

Sentencing: the court considers the gravity, motive, and consequences of the crime, the offender's personality, and mitigating/aggravating circumstances; the sentence may not exceed the statutory maximum.

The judicial system consists of the Supreme Court, local courts (regional, district, city, specialized courts) and the Constitutional Court; the Supreme Court is the highest court for civil, criminal and administrative cases.

Judges are appointed: the President appoints judges of regional and equivalent courts upon recommendation of the Supreme Judicial Council; the Senate elects Supreme Court judges upon the President's proposal.

A judge is independent and subject only to the Constitution and law; interference with judicial activity is prohibited and entails liability.

Judges are irremovable and may not be members of political parties, engage in entrepreneurial activity, or hold other paid positions (except teaching and research).

Judicial ethics: a judge must be impartial, avoid conflicts of interest, and refrain from conduct that undermines the authority of the judiciary; the Code of Judicial Ethics is adopted by the Union of Judges.

Disciplinary liability of judges: grounds include violation of judicial ethics, gross violation of law, and failure to perform duties; the Judicial Qualification Collegium conducts disciplinary proceedings.

Judges' immunity: a judge may not be detained, arrested or subjected to administrative penalties without the consent of the President (or the relevant judicial body); criminal proceedings require the consent of the Supreme Judicial Council.

The Judicial Qualification Collegium conducts selection and qualification examinations for judicial candidates; candidates must have a law degree, legal experience (usually 5 years), and pass the qualification exam.

Economic courts (specialized inter-district economic courts) hear disputes between legal entities and entrepreneurs, including corporate disputes, bankruptcy, and contract disputes; they apply the Business Code and Civil Code.

Tax disputes: a taxpayer must first file an appeal with the tax authority (objection procedure) before going to court in certain cases; the court reviews the tax authority's act for legality and may reduce penalties.

Land law: the Land Code (2003) regulates ownership, lease and use of land; foreign persons may lease but not own agricultural land; disputes over land rights are heard by specialized administrative/economic courts.

Labor law: the Labor Code (2015) sets minimum wage, working hours (40 hours/week), leave (24 calendar days), and termination procedures; labor disputes are heard by civil courts, with a 3-month limitation for reinstatement claims.

Family law: the Marriage and Family Code sets marriage age at 18 (with exceptions), property regime (joint property unless a marriage contract provides otherwise), and child support; disputes are heard by civil courts.

Intellectual property: the Law on Copyright and Related Rights and the Law on Trademarks protect works and marks; the Intellectual Property Rights Protection Chamber (a specialized body) hears certain disputes; registration with the National Institute of Intellectual Property.

Specialized courts include administrative, economic, juvenile, and military courts; cases are assigned by jurisdiction and subject matter, and appeals go to the relevant appellate court.

Bankruptcy: the Law on Rehabilitation and Bankruptcy (2014) provides for rehabilitation, temporary administration, and bankruptcy proceedings; the court appoints a bankruptcy administrator and creditors' claims are ranked by priority.

Article 4 of the Constitution: international treaties ratified by Kazakhstan are part of the legal system and have priority over domestic law (except the Constitution).

Treaties must be ratified by the Mazhilis (Parliament) if they concern human rights, the Constitution, or require changes to law; the President signs ratification instruments.

Kazakhstan is a party to the EAEU Treaty (2014), the CIS treaties, the UN Charter, the ICCPR, the ECHR is not ratified, and the Convention against Torture; these bind domestic interpretation.

The EAEU Treaty establishes free movement of goods, services, capital and labor; the EAEU Court hears disputes between member states and economic entities; its decisions are binding in Kazakhstan.

The New York Convention (1958) on recognition and enforcement of foreign arbitral awards applies; Kazakhstan courts enforce foreign awards subject to public policy and reciprocity.

Extradition and legal assistance: the Minsk Convention (1993) and bilateral treaties govern mutual legal assistance; extradition requires a treaty basis and compliance with domestic law and human rights.

Treaty interpretation follows the Vienna Convention on the Law of Treaties (1969): ordinary meaning, context, object and purpose, and subsequent practice.

International human rights treaties are directly applicable; courts may refer to them when domestic law is ambiguous, and the Constitutional Court may review treaties before ratification.

A court decision must contain: introductory part (court, parties, date), descriptive part (claims, facts), reasoning part (evidence, law, arguments), and operative part (decision, costs, appeal period).

Reasoning must address all material arguments of the parties; failure to address a key argument is a ground for appeal/cassation (incomplete reasoning).

Legal drafting rules: use precise legal terminology, avoid ambiguity, cite the exact article and paragraph of the law, and state the factual basis for each conclusion.

The court evaluates evidence under Article 78 of the Civil Procedure Code: relevance, admissibility, reliability, and sufficiency; the reasoning must explain why evidence was accepted or rejected.

Judicial acts must be signed by the judge(s), dated, and served on the parties; a decision without a signature or date is defective and may be annulled.

Analysis of judicial acts: identify the legal issue, the applicable norm, the court's interpretation, and whether the conclusion follows from the facts and law (ratio decidendi).

Statutory interpretation methods: literal, systematic, historical, and teleological; the court must apply the norm consistent with the Constitution and international treaties.

A cassation court reviews the legality and validity of the decision, not the facts; it may remand for new trial if material law was violated or procedural rules were breached.

The Law on Combating Corruption (2015) defines corruption as the unlawful use of official position for personal gain; it applies to all public officials, including judges.

Judges must declare income and assets annually (Law on Declaration of Income and Assets); failure to declare or false declaration entails liability, including dismissal.

Conflict of interest: a judge must recuse themselves if they have a personal interest in the case or a relationship with a party; failure to recuse is a disciplinary offence.

Gifts: judges may not accept gifts or benefits from parties or their representatives; the Code of Judicial Ethics prohibits any conduct that creates an appearance of impropriety.

Anti-corruption restrictions: judges may not engage in entrepreneurial activity, hold paid positions (except teaching/research), or use official position for private gain.

Criminal liability for corruption: bribe-taking (Article 366 of the Criminal Code), abuse of office (Article 361), and illegal remuneration; penalties include imprisonment and lifetime disqualification.

Integrity requirements: judges must submit to financial monitoring, cooperate with anti-corruption bodies, and report offers of bribes; the Anti-Corruption Service investigates corruption offences.

The Supreme Judicial Council and the Judicial Qualification Collegium enforce integrity standards; a judge may be dismissed for corruption-related misconduct or loss of trust.

The electronic justice system (EJS) allows filing claims, appeals, and documents online; parties register via the e-government portal (egov.kz) and receive notifications through the system.

Electronic documents must be signed with an electronic digital signature (EDS) to be legally valid; the Law on Electronic Document and Electronic Digital Signature (2003) governs this.

Court hearings may be held remotely via videoconference; the court ensures the parties' right to participate and the confidentiality of the proceedings.

The Unified Automated Information System of the Judicial System (EAIS) manages case distribution, scheduling, and publication of judicial acts; case distribution is automated to ensure randomness.

Information security requirements: judges and court staff must protect personal data (Law on Personal Data and its Protection, 2013), use secure channels, and avoid unauthorized disclosure.

Access control: role-based access to case files; audit logs record access; unauthorized access to court information systems entails administrative or criminal liability.

Cybersecurity: courts must implement measures against unauthorized access, malware, and data breaches; incidents must be reported to the authorized body (State Technical Service).

Electronic filing deadlines: documents filed electronically are deemed submitted on the date of sending if the EDS is valid; the court may reject documents that fail technical requirements.