SEPARATE GUARANTEES OF ENSURING THE INDEPENDENCE OF JUDGES, JURORS AND IMPROVING THE EFFICIENCY OF JUDICIAL ACTIVITY

Abstract

The independence of judges is an essential element of justice. Justice in the Republic of Kazakhstan is administered by judges and jurors. Therefore, an important guarantee of the independence of these entities is their inviolability.

The inviolability of judges and jurors is ensured by security measures, legal and social protection of themselves, their family members and close relatives in the presence of a real threat of encroachment on the life, health and property of all listed persons.

In order to prevent the psychological impact on the jurors and the formation of prejudice among them, the author justifies the need for a ban for the judge to discuss evidence with the jurors or to announce an opinion about the case.

Another important guarantee of the judge independence is the procedure for election and appointment to office established by law. In the current order, the qualitative composition of court sessions and the principles of their work are based on the principles of centralization, which contradicts international standards. The provision of this guarantee should be based on a transparent, objective approach.

The author argues for the need to move from hardware control to a collegial system for evaluating the activities of judges based on the independence of the body forming the judicial corps and introducing additional guarantees of the objectivity of decisions taken in the selection process of candidates for the position of judge into the law.

In order to exclude the dependence of judges on their supervisors, the article substantiates the need to transfer and withdraw certain organizational powers of court chairmen.

In order to relieve a judge from technical work, for a better solution of justice issues, the article proposes to envisage the status, duties and responsibilities of an assistant judge.