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INFORMATION SHEET for candidates for judges

 

 

Requirements to candidates for judges

 

A citizen of the Republic of Kazakhstan may be appointed as a judge of a raion court if he/she meets the following requirements:

1) has reached the age of twenty-five;

2) obtains a higher legal education, high moral and ethical qualities, an impeccable reputation and, as a rule, no less than five years of work experience as a secretary of the court session, consultant (assistant) of the court, prosecutor, lawyer, or at least 10 years of legal work experience;

 

The list of documents necessary for passing the qualification examination

 

The application for admission to pass the qualification examination for the position of a judge is sent by the applicant by hand or by registered mail to the address: 010000, Astana, left bank of the Ishim River, St. 8 Orynbor, House of Ministries, entrance No. 1B, the Supreme Judicial Council of the Republic of Kazakhstan.

The following documents must be attached to the application in one copy:

1)       personal sheet on the registration of personnel with a photo 4.0 x 6.0 cm;

2)       autobiography (compiled in his-her own hand, in a legible and clear way with the signature and date);

3)       a notarized copy of the work record card (for servicemen, law enforcement and special state employees, including former - in addition to a copy of the work record card - a copy of the service record, certified by the personnel service), and in case of dismissal from law enforcement and special state bodies - extracts from orders of dismissal from law enforcement and special state bodies and military service;

4)       notarized copies of the diploma of higher legal education and its annexes;

5)       service character reference (description of the person), signed by the first director or a person substituting it, sealed by the organization's seal. In the character reference, the date of its issue and the outgoing registration number are stamped. If it is impossible to provide a description for valid reasons, written explanations are provided;

6)       medical certificate on the state of health (form No. 086), as well as certificates issued by the corresponding psycho-neurological and narcological dispensaries of the cities of Astana, Almaty, oblasts;

7)       copy of identity card.

The documents specified in subparagraphs 1), 2), 5), 6) are valid for one year from the date of their issue or compilation, but must necessarily contain information about the candidate that corresponds to the reality.

When preparing the documents, no blots or corrections are allowed.

The completeness and reliability of the information reflected in the documents are the responsibility of their drafters.

In the event of non-compliance with the above requirements for the processing of documents or their incompleteness, the materials are returned to the person who filed them.

Persons admitted to the qualification examination and notified of the time and place of the meeting of the Qualification Commission may submit to the Commission a request to postpone the examination deadline with the indication of valid reasons.

Persons who are admitted to passing the qualification exam who did not come twice to pass the exam without valid reasons and did not submit an application to postpone the examination, get their documents returned, and they are allowed to be submit them again no earlier than after one year.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The procedure for passing the qualifying examination by candidates for a judge includes three stages

 

1) computer testing for knowledge of the legislation of the Republic of Kazakhstan;

2) checking the knowledge of the applicant and the ability to apply them in practice on exam tickets that simulate specific situations from judicial practice;

3) psychological testing.

 

Computer testing

 

The computer test for knowledge of legislation consists of 100 questions, including the following branches of law:

1.  Constitutional - 14;

2.  Administrative - 28 (material and procedural);

3.  Civil - 15;

4.  Civil procedure - 14;                      

5.  Criminal - 15;                                                                

6.  Criminal procedure - 14.

 

Constitutional Law:

 

Who elects the Chairman and judges of the Supreme Court of the Republic of Kazakhstan:

- Senate on the proposal of the President of the Republic, based on the recommendation of the Supreme Judicial Council;

- the Parliament of the Republic of Kazakhstan;

- the Majilis of the Parliament upon recommendation from the President

 

Criminal procedure law:

 

Is it obligatory to the prosecutor to participate in the main trial as a public prosecutor for private prosecution cases:

- No, not obligatory;

- Yes, obligatory;

- Yes, obligatory, if the lawyer participates.

 

Civil procedure law:

 

The order of speech of the parties in the judicial pleadings in accordance with the Civil Procedure Code of the RK:

- first, the plaintiff and his/her representative, then the defendant and his/her representative;

- first, the defendant and his/her representative, then the plaintiff and his/her representative;

- at the discretion of the court

 

Administrative law

 

The maximum period of administrative penalty in the form of deprivation of the right to drive vehicles:

- up to ten years;

- not more than one year;

- not more than six months

 

Civil Law

 

A transaction committed by a person who was forced to commit it due to a confluence of difficult circumstances:

- unconscionable dealing;

- bogus transaction;

- colorable transaction

 

Criminal Law:

 

Continued criminal offence:

- consists of a number of identical unlawful acts, which are covered by a single intent and form one crime;

- consists of a number of similar unlawful acts committed intentionally;

- consists of a number of different unlawful acts committed at a particular time.

 

Oral exam

 

Checking the knowledge of the applicant and the ability to apply them in practice is carried out in the form of an oral interview, a total of 50 tickets have been developed, with the examination ticket consisting of three practical assignments the purpose of which is to determine knowledge of criminal, civil and administrative law, as well as procedural legislation.

 

 

 

Typical tasks of oral exam tickets:

 

Civil and Civil Procedure Law:

The Ibragimovs spouses decided to terminate the marriage and made a written agreement that Ibragimov will not claim the division of the apartment, leave Astana and permanently reside with his mother in Almaty. Ibragimov, for its part, undertakes not to remarry until graduation of his daughter - currently a student of the first year. The Ibragimovs appealed to the notary for the certification of the agreement reached. However, the notary refused to certify the agreement, which, in his opinion, is contrary to the law. The Ibragimovs have filed a complaint against a notary at the court.

Question: What decision the Court should make?

 

Criminal and criminal procedure law:

At about 22.00, Baktygaraev and his wife were returning from their dacha (a summer house) in their car. Suddenly, in the darkness, they saw a man standing on the road with a raised hand, and next to him another - lying on the roadside. The stranger asked his spouses to help deliver the victim to the hospital. However, the couple refused in the request to the stranger, explaining that the victim's blood would stain the car seats, and left the scene. A few days later Baktygaraev was summoned to the police station and informed that the man hit by the car on the road died, due to the fact that he was not provided with timely medical assistance. A criminal case was opened against Baktygarayev under Article 119 of the Criminal Code (leaving in danger).

Question: Is it possible to bring Baktygarayev to criminal liability? (Analyze article 119 of the Criminal Code of the RK).

 

Administrative law:

M-s Imanova, temporarily living with her child at her sick mother in Almaty, but registered at the place of residence in Petropavlovsk, applied to the internal affairs bodies with a request to restore her identity card in return for the lost one. However, in the issuance of an identity document, she was refused, and recommended to apply at the place of permanent registration. Thus, to obtain her identity card, it is necessary for Imanova to leave to Petropavlovsk, but she does not have the money to travel.

Question: Is the refusal of the internal affairs bodies to restore the identity card legitimate?

 

 

 Psychological testing

 

Psychological testing involves two stages:

- testing that requires answers to the three groups of questions (1st group - 105 questions, 2nd group - 71 questions, 3rd group - 33 questions);

- computer testing (color test).

The results of psychological testing do not have a threshold value.

Polygraph examination of persons who passed the qualifying examination for the position of judge

Persons who passed the qualification exam for the position of a judge undergo polygraph examinations in accordance with the Regulations for Polygraph Examination approved by the Decree of the Government of the Republic of Kazakhstan No. 191 of April 7, 2016.

The apparatus of the Supreme Judicial Council of the Republic of Kazakhstan issues the appropriate direction, it is necessary to have an identity card and a photo of the format 3.0 x 4.0 cm;

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