The Code of Judicial Ethics

Adopted by VII Congress of Judges

Republic of Kazakhstan

November 21, 2016

The Code of Judicial Ethics

The judges of the Republic of Kazakhstan guided by the Constitution of the Republic of Kazakhstan and Constitutional Law of Kazakhstan «On the Judicial System and Status of Judges of the Republic of Kazakhstan»;

realizing the importance of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the basic principles of judicial independence, approved by Resolution of the UN General Assembly;

taking into account the Bangalore Principles of Judicial Conduct and the rules of independence, impartiality, integrity, equality, ethics, competence and diligence of judges;

asserting the rule of law and democracy, and judicial independence basic element of the right to a fair trial;

recognizing that the confidence of citizens, society, the judiciary, as well as to the authority of the judiciary in matters of morality and integrity, the judges have a primary role in a modern democratic society;

taking this Code of Judicial Ethics (hereinafter - the Code), set for existing judges and the judges who are in retirement, following the ethical norms and rules of conduct.

Article 1

A judge shall be faithful to their oath, to abide scrupulously by the rules of ethics, to prevent manifestations of improper behavior in the implementation of any action, in social activities and everyday life, to his actions conform to the high status of the magistracy.

A judge shall uphold and enforce the rule of law and the principles of independence of the judiciary.

The judge shall avoid any action that may lead to a diminution of the authority of the judiciary and cause damage to the reputation of the judges.

Article 2

The judges in the performance of their professional duties shall follow the law and prevent any outside influence, to confront threats, pressure and unlawful influence, direct or indirect interference in the judicial process, no matter where they come from. A judge shall ensure that high standards of conduct of the court, to behave with dignity, courtesy and demand the same behavior from the participants in the process and other persons present in the court session, to take measures so that they have confidence in the fairness of justice.

The legality and validity of procedural decisions taken by the judge shall be provided irrespective of any public debate or any assessment of its activities.

The behavior of the judge in the performance of their professional duties shall establish and maintain public confidence in the integrity of the judges.

The Chief of the court (Board chairman) in the implementation of organizational and administrative authority has no right to prevent the actions limiting the independence of judges, the pressure on them, but also use other methods of administrative sanctions, aimed at influencing the work of judges in the administration of justice.

Article 3

A judge shall refrain from making public statements regarding the evaluation of judicial decisions which have not entered into force, and public comment, which may damage the reputation of the judicial system and cause damage to the interests of justice.

These provisions do not limit the judge in the legal analysis of judicial decisions in order to develop a unified court practice and limit it to a public debate on the outcome of cases.

Article 4

The behavior of the judges out of court, his relationship with the trail participants shall help to maintain public confidence in the independence of the court.

The judge must exclude no procedural contacts, which are understood as any, is not consistent with the procedural and other laws of communication with persons involved in the case, their representatives, prosecutors, lawyers, other stakeholders in a particular court case, if these actions could lead to reasonable doubt in objectivity and impartiality of the judge.

Article 5

A judge shall refrain from abstract, unreasoned criticism of laws and other normative legal acts.

This provision does not prevent the judge to express their opinions concerning the interpretation of legal norms, and their evaluation based on ambiguity, inconsistency or other grounds in the media, as well as through participation in scientific discussions, conferences, round tables, seminars or other public events.

A judge shall regularly take action to enhance their knowledge, improving skills and personal qualities, using for this purpose methods of lifelong learning and self-education. Along with the national law, the judge must be aware of the ratified conventions and other fundamental international instruments.

Article 6

A professional activity of a judge is incompatible with membership in a political party or public associations pursuing political goals. He shall not publicly to act in support of these organizations to participate in their political activities.

A judge shall refrain from unregulated public assessments of the state, the political activity that is not related to a judgment in a particular case.

The provisions of this article shall not be construed as limiting the right of judges to freedom of expression on any matters of political and public life.

Article 7

Constant attention from the public imposes on the judge the duty to undertake a number of limitations. A judge shall avoid social gatherings and other public places, if it could harm his reputation.

Article 8

The judge on duty shall refrain from manifesting their religious beliefs and affiliation.

When exercising the right to freedom of conscience, the judge in all cases must exercise restraint and moderation to the authority of the judiciary has not been called into question.

Article 9

The judge shall promote professional coverage in the media of the judicial activity.

The judge may grant the media information about the procedural stages of the proceedings, explaining in a judgment, to inform about the current judicial practice of application of norms of substantive and procedural law.

If the activity of the judge covered in the media with unfounded damage to his reputation, the judges appeal to the law enforcement and judicial authorities in order to protect the honor, dignity and business reputation is permitted in exceptional cases where other ways of protecting the reputation of the judges have been exhausted.

Article 10

A judge shall not accept himself and to allow family members, as well as persons in the procedural dependence on him, gifts, benefits, benefits, free services, or other benefits in connection with its operations for the administration of justice.

Article 11

A judge shall be legible personal acquaintances and connections, to avoid committing civil transactions, which lead to financial obligations with persons from his official dependence, as well as persons who are participants in trials of cases in its manufacture.

Confidential information acquired by a judge in virtue of his official position cannot be used or disclosed to anyone for any purpose not related to the administration of justice.

Article 12

The judge must take care of his reputation and the reputation of his family members and do not use their official position for personal interests, the interests of family members and other persons.

The judicial candidates for participation in the selection for the post of judge, and the judge in the implementation of their powers shall be excluded to avoid nepotism and conflict of interest.

The judge must in the prescribed manner to provide accurate information in the human resources department of the authorized body on the fact of committing a crime by family member, close relatives of the judge.

The judge shall endeavor to proper performance of responsibilities for the content of their education minor children, the maintenance of parents and other disabled family members.

         The judge must be informed about the financial interests of his/her family and take reasonable measures for this purpose.

The judge must not allow family members, close relatives and other persons affected by his actions related to the administration of justice.

Article 13

The rules of conduct established by this Code are required to implement to all the judges of the Republic of Kazakhstan, regardless of their position, as well as judges in retirement.

In cases where any issues related to the judicial ethics are not regulated by this Code, the judge has to follow the generally accepted principles of morality and ethics, as well as international standards in the field of justice and the conduct of judges.

The judge has the right to appeal to the judicial community bodies with inquiries about the possible behavior of the model under the ethical rules of judicial conduct in a particular situation. A review of the results of such inquiry bodies of the judicial community has a value of recommendation.

Article 14

The violation of the provisions of this Code, resulting in impairing the authority of the judiciary and caused damage to the reputation of the judges, it is the basis for bringing judges to disciplinary responsibility in accordance with law.

For such violations on the treatment of citizens in the case of a judge can be taken and measures of social influence.

Article 15

This Code is not intended to establish any limits and restrictions for the free and unhindered exercise of the judges of their rights under the Constitution and laws of the Republic of Kazakhstan and ratified international acts.

         The provisions of this Code shall enter into force upon adoption of the Code and may be altered, amended or repealed by the Congress of Judges of the Republic of Kazakhstan.

With the adoption of this Code becomes invalid Code of Judicial Ethics adopted by V Congress of Judges of the Republic of Kazakhstan November 18, 2009.