SOME ISSUES OF IMPROVEMENT OF THE LEGISLATION ON THE ACTIVITIES OF THE COURTS AND THE JUDICIAL SYSTEM IN THE REPUBLIC OF KAZAKHSTAN
Keywords:
courts, the judicial system, improvement of the system of selection of judges, judicial error, qualification requirements, raising responsibility, scientists - lawyers, Supreme Judicial Council, Chairman of the Supreme Court, independence of judges, objectivity, transparencyAbstract
This article considers the issues of improving legislative regulations in the field of courts and the judicial system. Based on the existing legislative acts, strategic and policy documents of the Republic of Kazakhstan, including international experience of foreign countries, the content of the norms has been analyzed, as a result of which the following conclusions have been given.
For instance, the relevance of studying the gap in the concept of judicial error has been revealed, in particular, no explanation is given as to what is meant by a gross violation of the law by a judge. In this regard, the need to establish the responsibility of the judge in the administration of justice has become relevant.
By analysing legal acts, the need for introducing professional experience for a candidate for the post of Chairman of the Supreme Court has been identified, in order to form a professional judicial body in addition to the already existing requirement as receipt of a positive conclusion of the plenary session of the Supreme Court, except for the corresponding written guarantee.
Also, the article proposes the possibility of recruiting persons from representatives of the public, such as legal scholars, foreign experts, individual representatives of the International to the Supreme Judicial Council of the Republic of Kazakhstan.
In the article the authors explore, based on the analysis, principles such as objectivity and transparency of the Council's meetings. It is noted that representatives of state bodies may be invited to meetings to ensure transparency and openness. In turn, it is stated that members of the public and accredited journalists have the right to attend meetings of the Council.
As a result of the research, conclusions and proposals have been designed, which are aimed at improving the norms of the present legislation of the Republic of Kazakhstan and law enforcement practice in the context of the process of creating effective guarantees of the implementation of the activities of the courts and the judicial system as a whole.