Some issues of the legal status of judges of «Astana» international financial center

Diana Serikovna Batyrbekova, Symbat K. Ukin, Елена Викторовна Титова

2019

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DOI 10.14529/law190113
Data confidence 70 medium
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Abstract

In this article, the authors analyze the legal status of the judges of the Court of the Center of the International Financial Center “Astana“ in the Republic of Kazakhstan. The authors note that, unlike judges of the judicial system of the Republic of Kazakhstan, the requirements for which are defined in the Constitutional Law of the Republic of Kazakhstan “On the Judicial System and the Status of Judges of the Republic of Kazakhstan“, the requirements for the judges of the Court of the International Finance Center Astana are not specified in legislative acts of the Republic of Kazakhstan, including in the Constitutional Law of the Republic of Kazakhstan “On the International Financial Center “Astana“. Only the second paragraph of paragraph 5 of Art. 13 of the Constitutional Law “On the International Financial Center “Astana“ in blanket form contains the wording that the Council Decree “On the Court of the International Financial Center “Astana” determines the composition of the court, the procedure for appointing and dismissing court officials from office, qualification requirements for judges and officials of the court and other matters relating to the functioning of the Court of the Center. In addition, the authors note that, unlike judges of the judicial system of the Republic of Kazakhstan, immunity from legal prosecution of judges of the Court of the International Financial Center “Astana“ is not fixed in the legislative acts of the Republic of Kazakhstan, including the Constitutional Law “On the International Financial Center “Astana“ and the Criminal procedural code of the Republic of Kazakhstan. Therefore, the authors propose that immunity from legal prosecution of judges of the Court of the Center of the International Financial Center “Astana“ be secured in the Constitutional Law of the Republic of Kazakhstan “On the International Financial Center “Astana“ and in the Criminal Procedure Code of the Republic of Kazakhstan.