| 77 |
Is there an appeals mechanism for challenging criminal judgments? |
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77a:
In law, there is a general right of appeal.
|
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| Score: |
YES |
NO |
 |
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Comments: The purposes of judicial authority are to protect the rights, freedoms and legitimate interests of citizens and organizations; and to ensure execution of the Constitution, laws, other normative legal acts and international agreements. . Judicial protection is guaranteed to everyone against wrongful decisions and actions of state bodies, organizations, and official and other persons restraining or limiting the rights, freedoms and legitimate interests stipulated by the Constitution and laws.
By law, no one can be deprived of the right to consideration of his/her affair by a valid, competent, independent and impartial court.
Judicial authority is carried out by means of civil, criminal and other forms of legal proceedings established by law.
References: Constitutional law of the Republic of Kazakhstan on the judicial system and the status of judges of the Republic of Kazakhstan, Dec. 25, 2000, #132-II (with changes and additions in accordance with the state on Dec. 11, 2006), Section 1, Article 1
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77b:
In practice, appeals are resolved within a reasonable time period.
|
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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77c:
In practice, citizens can use the appeals mechanism at a reasonable cost.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| 78 |
Do judgments in the criminal system follow written law? |
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78:
In practice, do judgments in the criminal system follow written law?
|
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| 79 |
Are judicial decisions enforced by the state? |
| |
| |
79:
In practice, are judicial decisions enforced by the state?
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| 80 |
Is the judiciary able to act independently? |
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| |
80a:
In law, the independence of the judiciary is guaranteed.
|
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| Score: |
YES |
NO |
|
|
| |
Comments: Judges are independent and enforce only the Constitution and law.
References: Constitutional law of the Republic of Kazakhstan on the judicial system and the status of judges of the Republic of Kazakhstan, Dec. 25, 2000, #132-II (with changes and additions in accordance with the state on Dec. 11, 2006), Article 1
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80b:
In practice, national-level judges are protected from political interference.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
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80c:
In law, there is a transparent and objective system for distributing cases to national-level judges.
|
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| Score: |
YES |
NO |
|
|
| |
Comments: Law contains no articles providing a transparent and objective system for distributing cases to national -level judges.
References: Constitutional law of the Republic of Kazakhstan on the judicial system and the status of judges of the Republic of Kazakhstan, Dec. 25, 2000, #132-II (with changes and additions in accordance with the state on Dec. 11, 2006)
Constitution of the Republic of Kazakhstan (adopted by referendum on Aug. 30,1995 (with alterations and additions in accordance with the state on May 21, 2007
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80d:
In law, national-level judges are protected from removal without relevant justification.
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| Score: |
YES |
NO |
|
|
| |
Comments: Grounds for termination of a judges powers are 1) the judges resignation or discharge from office pursuant to his own wish. 2) a state of health impeding further performance of professional duties, in accordance with a medical opinion. 3) recognizing the judge as legally incapable or restrictedly incapable, or applying compulsory measures of a medical nature to him. 4) conviction of a judge. 5) loss of citizenship in the Republic of Kazakhstan. 6) death of the judge or a court decision recognizing him as deceased. 7) appointment or election of the judge to another position or his transfer to another job. abolishment of the court or expiration of powers, if the judge does not agree to take up a vacant position as judge in another court.
The powers of a judge may be terminated due to a decision of a disciplinary and qualification collegium of judges on the need of discharge the judge from office for disciplinary misconduct or failure to meet the requirements stipulated in Article 28 of this law.
The powers of the chairman of a court or the chairman of a collegium may be terminated early if they fail to meet the requirements stipulated in Articles 9, 14, 15, 20, 21 and 28 of this law.
The decision to discharge a judge from office shall be made by 1) a resolution of the Senate, after input from the chairmen of the judicial collegia and judges of the Supreme Court, pursuant to a proposal by the President of the Republic of Kazakhstan. 2) a decree by the President of the Republic of Kazakhstan, after input from the chairmen of the collegia and a judge of oblast courts, and the chairman and a judge of a district court.
References: Constitutional law of the Republic of Kazakhstan on the judicial system and the status of judges of the Republic of Kazakhstan, Dec. 25, 2000, #132-II (with changes and additions in accordance with the state on Dec. 11, 2006), Article 34
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| 81 |
Are judges safe when adjudicating corruption cases? |
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| |
81a:
In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
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81b:
In practice, in the last year, no judges have been killed because of adjudicating corruption cases.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| 82 |
Do citizens have equal access to the justice system? |
| |
| |
82a:
In practice, judicial decisions are not affected by racial or ethnic bias.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| |
82b:
In practice, women have full access to the judicial system.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| |
82c:
In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: Citizens can be exempted from payment for legal assistance due to their financial situation.
References: Law of the Republic of Kazakhstan on advocacy , Dec. 5, 1997, #195-I (with alterations and additions in accordance with the state on May 22, 2007), Article 6
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| |
82d:
In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| |
82e:
In practice, citizens earning the median yearly income can afford to bring a legal suit.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| |
82f:
In practice, a typical small retail business can afford to bring a legal suit.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
|
| |
82g:
In practice, all citizens have access to a court of law, regardless of geographic location.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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