Name of the project: Мінсіз судья (Impartial judge)
Relevance: The level of public confidence in the judiciary is not high enough.
Purpose: To create a highly professional judiciary based on the use of international standards of independent justice, adequate to the needs of modern Kazakhstani society.
The issue of the formation of quality personnel of the courts has always been important in the framework of judicial reforms. A lot has been done, however, the results do not fully meet the expectations of modern society.
The main reasons for this situation are the imperfect mechanism for selection and promotion of judges, the tendency to prevail in the judiciary of apparatus values, insufficiently effective processes and methods for improving the skills of existing judges, incompleteness of the principle of independence of judges.
The project aims to further implement 17-19 steps of the Nation Plan by improving the mechanisms for selecting candidates for judicial positions, the activities of the Academy of Justice, as well as the institutions of accountability and responsibility of judges.
The project "Мінсіз судья" is planned to be realized through:
- improvement of the system of preparation of candidates for judges by the Academy of Justice, qualification examinations and probation for candidates;
- ensuring transparency in the selection and promotion of judges, increasing access to "entry" into the profession;
- review of the current procedure for considering complaints against the actions of judges;
- changing the evaluation system and reviewing the institute of disciplinary responsibility of judges;
- development of tools to stimulate the ethical conduct of judges;
- enhancement of legislative, organizational, legal and material guarantees for the external and internal independence of judges in the administration of justice.
No. |
Events |
Timing |
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Start |
Ending |
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Stage 1: 2018 |
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2.1.2. |
Obtained skills of stress management ,communication with mass media and reception of communication from participants of the process |
September 2018 |
December 2018 |
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3.2.1. |
Minimized pressure on judges from MASS MEDIA, social networks |
April 2018 |
December 2018 |
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1.1.2. |
Provided high level preparation of candidates at Academy of justice |
April 2018 |
December 2018 |
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1.1.4. |
Provided effective selection of BCC at career advancement of judges |
July 2018 |
October 2018 |
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1.2.1. |
System of enhancing the qualifications contributes to rising the the competence judges |
April 2018 |
December 2018 |
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2.2.0.1 |
Developed Comments to Codex judicial ethics |
February 2018 |
December 2018 |
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2.2.2. |
Union of judges effectively implemented authorization by coordination of work commissions on judicial ethics and compliance of morally- ethical standards by judges |
April 2018 |
December 2018 |
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2.2.3. |
Judges are informed on practice of considering by Commissions the violations of judicial ethics |
April 2018 |
December 2018 |
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Stage 2: 2019 |
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1.1.3. |
Provided an effective selection of BCC candidates |
July 2018 |
December 2019 |
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3.1.3. |
New order (increase effectiveness) of complaints consideration |
April 2018 |
December 2019 |
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2.1.0.1. |
Identified psychological characteristics of judges by the results of integrated research |
September 2018 |
December 2019 |
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3.2.2. |
Minimized the influence of power bodies |
January 2019 |
December 2019 |
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Stage 3: 2020 |
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1.1.1. |
Changed qualifying demands for appointment on the position of judges |
January 2019 |
December 2020 |
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1.3.1. |
Minimized quantity blank vacancies by the results of competition and provided substitution of the temporarily absent judges |
July 2019 |
December 2020 |
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3.1.1. |
Minimized the influence of chairperson |
January 2019 |
December 2020 |
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3.1.2. |
Perfect assessment of professional activities |
January 2019 |
December 2020 |
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3.2.3. |
Judge socially and financially protected by the state |
January 2019 |
December 2020 |
No. |
Name of constraints |
Description of constraints |
1. |
Changinf the tasks and directions of the program |
With the agreement of the customer of the program tasks and directions of the programs may be amended |
2. |
Increase of the termsof implementation |
Timing of implementation of program may to move due to change of its tasks, lack of financial resources and confrontations of the stakeholders |
3. |
Absence of the support of stakeholders |
Legislators may not support our initiative. Law Enforcement and others concerned state bodies may render resistance. |
4. |
Conservatism and unavailability of judges to change |
Psychological barrier, lack of support guidance of the courts, suppression of the initiative active and independent judges, interior fear may lead to indifferent relation to the innovations |
5. |
Lack of staffing and financial resources |
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No. |
Name of assumptions |
Description of assumptions |
1. |
Quality frames and conditions forof departure of justice |
Selection of the most worthy candidates from high qualification, oriented on strict compliance with moral and ethical standards and ready to accept imagine of high social responsibility. Compliance of the established standard load, allowing qualitatively fulfill justice, engage in self-education, participate at the events, directed by on further improvement of judicial system |
2. |
Gain coordinating role of Unionjudges by compliance with judgesmoral and ethical standards |
In Charter of Union of judges clearly not identified on coordination of work by the Commissions on judicial ethics, chairperson of Union judges isn’t been involved at this activities at a complete measure , because has its authorization along with from performance of the duties of the judges |
3. |
An exception influenceschairperson regional court, powerbodies, security social andmaterial guarantees |
Several envisaged legislation of guarantees of independence of judges are not implemented, some of them -require alignment at conformity from international standards. |