Kazakhstan’s Constitution of 1995 with Amendments through 2017
Judicial Independence
Article 77. 1. A judge when executing justice shall be independent and subordinate only to the Constitution and the law. Article 79. 1. Courts shall consist of permanent judges whose independence shall be protected by the Constitution and law. judge’s powers may be terminated or suspended exclusively on the grounds established by law.
Judicial Council or Parallel Institution
Article 82. 1.The Chairperson and judges of the Supreme Court of the Republic of Kazakhstan shall be elected by the Senate at the proposal of the President of the Republic, based on a recommendation of the Highest Judicial Council. 2.The Chairpersons and judges of local and other courts shall be appointed by the President of the Republic at the recommendation of the Highest Judicial Court. 3.In courts according to the constitutional law judicial boards can be created. The order of investment with powers of chairperson of judicial boards shall be defined by the constitutional law.4.The Highest Judicial Council shall consist of the Chairperson and two other persons, who are appointed by the President of the Republic. 5.The status the organization of work of the Highest Judicial Council shall be determined by law.
Attorney General’s Office
Article 83. 1.Within the limits and forms stipulated by law the prosecutor’s office on behalf of the state shall exercise the highest supervision over observance of the law in the Republic of Kazakhstan, represent the state’s interests in courts and conduct criminal prosecutions on behalf of the state. 2.The procurators office of the Republic shall be unified centralized system with subordination of junior procurators to their seniors and the Procurator General of the Republic. It shall exercise its authorities independently of other state bodies and officials and be accountable only to the President of the Republic. 3.The Procurator General of the Republic during the term of his office may not be arrested, subject to detention, measures of administrative punishment imposed by court of law, arraigned on criminal charge without the consent of the Senate except for the cases of being apprehended on the scene of crime or committing grave crimes. The term of the Procurator General shall be five years.4.The jurisdiction, organization and procedure of the activity of the procurator’s office of the Republic shall be determined by law.