As part of the modernization of the judicial system, a new mechanism for checking gross violations of legality committed by judges during case reviews has come into effect as of October 1, 2024.
“Now, if a higher instance (appeal or cassation) establishes a gross violation of legality, it will send a representation to the Judicial Jury for consideration of the issue of holding the judge accountable for disciplinary action,” explained Nurzhan Kayipzhan, Chairman of the Judicial Jury under the Supreme Judicial Council of the Republic of Kazakhstan.
Previously, disciplinary materials concerning judges were only sent to the Jury upon the representation of the Chairman of the Supreme Court or by decisions of the plenums of the Supreme and regional courts, which led to a lack of appropriate response to many violations.
Expansion of the Judicial Jury Composition
To enhance the objectivity of decisions, the number of members of the Judicial Jury has been increased from 9 to 15. Its composition now includes:
- 4 judges of the Supreme Court
- 5 judges of regional courts
- 6 judges at the district level
Additionally, judges have been granted the right to defense, including access to all case materials and the participation of lawyers or legal consultants in disciplinary proceedings.
“It is important to note that initiating disciplinary proceedings against judges based on materials from operational and investigative activities of law enforcement agencies is prohibited,” emphasized Kayipzhan.
Results of the Judicial Jury's Work for 2024
Over the past year, 77 disciplinary cases and 1 case regarding early removal of sanctions were reviewed.
A total of 40 judges were held accountable, including:
- 31 district-level judges
- 5 chairpersons of district courts
- 2 judges of regional courts
- 1 chairperson of the judicial panel of a regional court
- 1 chairperson of a regional court
Penalties included:
- 21 – reprimands
- 13 – warnings
- 6 – dismissal from office
The main reasons for disciplinary actions were:
- 30 cases – gross violations of legality
- 6 cases – violations of the Code of Judicial Ethics
- 4 cases – improper performance of the duties of the court chairperson
Complaints Against Judges: What Requests Are Considered?
In 2024, around 2,000 requests were received by the Supreme Judicial Council and the Judicial Jury, with 70% of them concerning disagreements with court decisions. However, as explained by Kuanish Salimzhan, head of the Judicial Jury department, such complaints are not subject to review since the Jury is not a judicial control or oversight body.
According to the new rules, only requests regarding violations of the norms of the Code of Judicial Ethics are subject to review. Such complaints are forwarded to the commissions on judicial ethics at regional courts and the Supreme Court.
Thus, the introduced changes aim to enhance transparency, legality, and public trust in the judicial system.