Judicial System, Status of Judges, and Judicial Ethics
What the exam tests
This domain tests the Constitutional Law on the Judicial System and Status of Judges (2000), judicial independence, requirements for candidates, disciplinary liability and the Code of Judicial Ethics.
Core rules
- Courts are independent and subject only to the Constitution and law. Judges are irremovable and inviolable; interference in judicial activity is prohibited.
- The court system includes the Supreme Court, local courts and specialised courts (economic, administrative, juvenile, military).
- A judge must be a citizen of Kazakhstan, at least 25 years old, with higher legal education and the required legal experience; candidates pass a qualification examination and selection procedures.
- Judges must be impartial, avoid conflicts of interest and not engage in business or receive gifts connected with their office.
- Disciplinary liability follows the statutory procedure; immunity is functional, not absolute.
Worked example
A judge's relative asks her to influence a colleague hearing his case. The judge must decline, disclose the request and avoid any participation in the case. If she fails to disclose, this is an ethics breach and may amount to a corruption-related offence.
Traps
- Treating judicial immunity as absolute.
- Assuming a judge may accept any gift from a friend.
- Confusing disciplinary and criminal liability.