Judge Qualification Exam (Kazakhstan) flashcards

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Constitution adoption date

The Constitution of Kazakhstan was adopted by national referendum on 30 August 1995 and has been amended several times, most recently in 2022, making it the supreme law.

Constitutional Court

The body that replaced the Constitutional Council under the 2022 amendments; it reviews the constitutionality of laws, elections, and treaties before ratification.

Rigid amendment procedure

Changes to the unitary state, territorial integrity, republican form of government and core Articles 1, 2, 4 require a republican referendum; other amendments need two-thirds of each Chamber.

Presidential term limit

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

Administrative act burden of proof

A public body issuing an administrative act must prove its lawfulness and factual basis; the private party does not have to prove the act's unlawfulness.

Administrative claim deadline

A claim challenging an administrative act is generally filed within 3 months of the applicant learning of the act, unless special deadlines apply to tax or land matters.

Proportionality principle

Administrative measures must be suitable, necessary, and proportionate to the aim pursued; a disproportionate restriction of rights renders the administrative act unlawful.

Court review of expediency

Administrative courts review the legality rather than the expediency of an administrative act; if unlawful, they may annul it and order a re-decision.

General limitation period

The general civil limitation period is 3 years from when the person knew or should have known of the violation, with a maximum of 10 years from the violation.

Void versus voidable contract

A void contract violates mandatory law and has no effect from the start; a voidable contract (fraud, duress, mistake) may be challenged within one year.

Burden of proof in civil cases

Each party must prove the facts it relies on; the court evaluates evidence by inner conviction, and evidence obtained in violation of law is inadmissible.

Civil appeal deadline

An appeal against a first-instance civil court decision is generally filed within one month through the court that issued the decision, with shorter periods for certain categories.

Age of criminal responsibility

Criminal responsibility generally starts at 16; for grave and especially grave crimes listed in Article 15 of the Criminal Code it starts at 14.

Presumption of innocence

The accused is presumed innocent until guilt is proven by a court verdict; doubts are interpreted in favor of the accused under the Constitution and the Criminal Procedure Code.

Judicial authorization of arrest

Detention, search, seizure of property and interception of communications require a court order; the investigator must obtain judicial authorization within 24 hours for detention.

Criminal appeal deadline

An appeal against a court verdict is filed within 15 days, or 10 days for detained persons, through the court that issued the verdict.

Judicial independence

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

Judicial incompatibilities

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

Judicial Qualification Collegium

The body that conducts selection and qualification examinations for judicial candidates and handles disciplinary proceedings against judges for ethical and legal violations.

Judge immunity

A judge may not be detained, arrested or subjected to administrative penalties without consent of the President or relevant judicial body; criminal proceedings require Supreme Judicial Council consent.

Specialized economic courts

Inter-district economic courts hear disputes between legal entities and entrepreneurs, including corporate, bankruptcy and contract disputes, applying the Business and Civil Codes.

Labor dispute limitation

Labor disputes are heard by civil courts; a claim for reinstatement must generally be filed within 3 months of learning of the dismissal or violation.

Land ownership restriction

Under the Land Code foreign persons may lease but not own agricultural land; land disputes are heard by specialized administrative or economic courts.

Intellectual property protection

Copyright, related rights and trademarks are protected by special laws, with registration through the National Institute of Intellectual Property and specialized dispute resolution bodies.

Treaties in domestic law

Under Article 4 of the Constitution, ratified international treaties are part of the legal system and have priority over domestic law, except the Constitution itself.

EAEU Court

The Court of the Eurasian Economic Union hears disputes between member states and economic entities; its decisions are binding in Kazakhstan as a member state.

New York Convention

The 1958 Convention requires recognition and enforcement of foreign arbitral awards, subject to public policy and reciprocity exceptions applied by Kazakh courts.

Vienna Convention interpretation

The 1969 Vienna Convention requires treaty interpretation by ordinary meaning, context, object and purpose, and subsequent practice of the parties.

Structure of court decision

A court decision contains introductory, descriptive, reasoning and operative parts; the reasoning must address all material arguments and cite the applicable law.

Ratio decidendi

The legal reasoning and rule on which a court's decision rests; analyzing it requires identifying the legal issue, applicable norm and the conclusion drawn from facts.

Conflict of interest recusal

A judge must recuse themselves where they have a personal interest or relationship with a party; failure to recuse is a disciplinary offence under judicial ethics.

Electronic digital signature

An electronic digital signature makes electronic documents legally valid under the 2003 law; documents filed in the electronic justice system must carry a valid signature.