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83. The history and role of the Supreme Court in Kazakhstan

         On 28 January 1993 the new Law of the sovereign Kazakhstan- the Constitution was drafted, so as to reflect the changes that have taken place in the public and government system. The international reputation of Kazakhstan has improved and there emerged new social public and political, social, economic and international status of the young state. The President’s Resolution “On State Program of legal reform in the Republic of Kazakhstan” dated 12 February, 1994 became, a historical document that determined the priority areas of the legal reform. Just and independent courts, highly qualified and impartial judges appointed on a permanent basis, provision of a better social support to judges all this necessity domestic amenities befitting their social significance and extent of responsibility.

The social and domestic issues were considered as one of the major problems. This resolution clearly defined the structure of the judicial bodies of the Republic, the scope of authority of judges, the issues related to preparation of qualified judges. The Supreme Court was recognized as the Supreme Court authority responsible, for supervision and control of the lower courts and vested with the right to explain the issues related to the application of the laws. There were defined the structure and the composition of the court bodies. It was decided that all internal matters, the matters related to administration of justice and the provision of judges with the necessary wherewithal were to be delegated to the head of staff. At present the composition of oblast and city courts is identical; military courts on the territory of

Kazakhstan may be included in the composition of the plenary session of the Supreme Court of the Republic in view of their competence and the tasks performed. The institute of people’s assessors was abolished. The next step of the President of the Republic in the reform of the judicial system was the issuance of the 1995 Decree “On courts and the status of judges in the Republic of Kazakhstan”, this decree has the force of the law. It confirms the determining role of the three equal branches of the State Power.

         Chairman of the Supreme Court of the Republic of Kazakhstan is MussabekT.Alimbekov.

         Supreme Court of Kazakhstan is a top judicial body for civil, criminal and other cases that supervises activity of courts and provides clarification on matters of judicial practices.

         Supreme Court Structure: Supreme Court comprises Chairperson, chairpersons of collegiums, and judges. Chairperson, chairpersons of collegiums, and judges of Supreme Court of the Republic of Kazakhstan are elected by Senate upon recommendation of President of the Republic of Kazakhstan, Chairperson of regional and similar courts, chairpersons of their collegiums and judges are appointed by President of the Republic of Kazakhstan upon recommendation of Supreme Court of the Republic of Kazakhstan.

         Supreme Court bodies are: Oversight Collegium, Collegium for Civil, and Collegium for Criminal Cases, and Plenary Session of the Court.

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