The judicial branch of power

The judiciary system of Kazakhstan on overall satisfies the needs of ensuring effective judicial protection of citizens’ rights and freedoms, as well as legally protected interests of organizations and the state. Development of the judicial system will be based on continuity and gradualism, and is expected in the following areas. The main thrust of its development is the specialization of courts and judges, including the development of juvenile courts, the creation of specialized courts to hear criminal cases in the future, the formation of tax court and other specialized courts. In this regard juvenile courts should be a focal point created by country's juvenile justice system.

Justice in the Republic of Kazakhstan shall be exercised only by the court.

Judicial power shall be exercised through the constitutional, civil, administrative, criminal and other forms of judicial procedure as established by law. In cases, stipulated by law, criminal procedure shall be carried out with participation of jurymen.

The courts of the Republic shall be the Supreme Court of the Republic, local and other courts of the Republic established by law.

The judicial system of the Republic shall be established by the Constitution of the Republic and the constitutional law. The establishment of special and extraordinary courts under any name shall not be allowed.

Judicial power shall be exercised on behalf of the Republic of Kazakhstan and shall be intended to protect the rights, freedoms, and legal interests of the citizens and organizations for ensuring the observance of the Constitution, laws, other regulatory legal acts, and shall ensure international treaties of the Republic.

Judicial power shall be extended to all cases and disputes arising on the basis of this Constitution, laws, other regulatory legal acts, international treaties of the

Republic.

Decisions, sentences and other judgments of courts shall have an obligatory force on the entire territory of the Republic.

A judge when executing justice shall be independent and subordinate only to the Constitution and the law. Any interference in the activity of the court in the exercise of justice shall be inadmissible and accountable by the law.

In application of law a judge must be guided by the following principles: 1) a person shall be considered to be innocent of committing a crime until his guilt is established by a court's sentence that has come into force; 2) no one may be subject twice to criminal or administrative prosecution for one and the same offense; 3) no one may have his jurisdiction, as stipulated by law changed without his consent; 4) everyone shall have the right to be heard in court; 5) the laws establishing or intensifying liability, imposing new responsibilities on the citizens or deteriorating their conditions shall have no retroactive force. If after the commitment of an offense accountability for it is canceled by law or reduced, the new law shall be applied; 6) the accused shall not be obligated to prove his innocence; 7) no person shall be compelled to give testimony against oneself, one's spouse and close relatives whose circle is determined by law. The clergy shall not be obligated to testify against those who confided in them with some information at a confession; 8) any doubts of a person's guilt shall be interpreted in the favor of the accused; 9) evidence obtained by illegal means shall have no juridical force. No person may be sentenced on the basis of his own admission of guilt; 10) application of the criminal law by analogy shall not be allowed.

The principles of justice established by the Constitution shall be common and uniform for all courts and judges in the Republic.

Courts shall consist of permanent judges whose independence shall be protected by the Constitution and law. Judges may be citizens of the Republic, who have reached twenty-five years of age, have a higher juridical education, length of service of not less than two years in the legal profession and who have passed a qualification examination.

The Supreme Court of the Republic of Kazakhstan shall be the highest judicial body for civil, criminal and other cases which are under local and other courts, exercises the supervision over their activities in the forms of juridical procedure stipulated by law, and provide interpretation on the issues of judicial practice.

The procurator's office on behalf of the state shall exercise the highest supervision over exact and uniform application of law, the decrees of the President of the Republic of Kazakhstan and other regulatory legal acts on the territory of the Republic, legality of preliminary investigation, inquest and inspection, administrative and executive legal procedure; and take measures for exposure and elimination of any violations of the law, the independence of courts as well as the appeal of laws and other regulatory legal acts contradicting the Constitution and laws of the Republic. The Procurator's office of the Republic shall represent interest of the state in court as well as conduct criminal prosecution in cases using procedures and within the limits, stipulated by law.

The procurator's office of the Republic shall be a unified centralized system with subordination of junior procurators to their seniors and the Procurator General of the Republic. It shall exercise its authorities independently of other state bodies and officials and be accountable only to the President of the Republic.

Used and recommended literature:

1. Сапаргалиев Г.С. Конституционное право Республики Казахстан: академический курс / Сапаргалиев Г. - Алматы: Жетi жаргы, 2002.

2. Шеретов С.Г. Конституционное право Республики Казахстан: сборник конституционно-правовых актов / Сост. С.Г. Шеретов. - Алматы: Юрист, 2013.

3. The Constitution of the Republic of Kazakhstan (adopted on August 30, 1995 at the republican referendum) // Informational system «ПАРАГРАФ» http://online.zakon.kz/

4. Constitutional Law of the Republic of Kazakhstan on December 18, 1995 № 2688 «On the Government of the Republic of Kazakhstan» // Informational system «ПАРАГРАФ» http://online.zakon.kz/

5. The Constitutional Law of the Republic of Kazakhstan from October 16th, 1995 № 2529 «On the Parliament of the Republic of Kazakhstan and the Status of Its Deputies» // Informational system «ПАРАГРАФ» http://online.zakon.kz/

6. Constitutional Law of the Republic of Kazakhstan on December 25, 2000 № 132-II «On Judicial System and Status of Judges in the Republic of Kazakhstan» // Informational system «ПАРАГРАФ» http://online.zakon.kz/

Answer the following questions using the information from this text:

1. What body exercises the legislative power in the country?

2. How are the chambers of Parliament composed? Give the structure of the Parliament.

3. What are the functions of the Parliament of the Republic of Kazakhstan?

4. What body exercises the executive power in the country?

5. How is the executive branch of the Government formed?

6. What does the Judiciary branch of the government do?

7. What is the role of the President of the Republic of Kazakhstan?

8. How is the President elected in the Republic of Kazakhstan?

9. How are courts classified?

10. Which principles should follow judge in application of law?

Дата добавления: 2014-10-17