Problematic Aspects of the Selection and Appointment of Judges in the Republic of Kazakhstan

Abstract

This paper analyzes the development of legislation and identifies specific gaps and shortcomings in the selection and appointment of judges in the Republic of Kazakhstan, proposing improvements crucial for an independent judiciary and the implementation of the rule of law. It highlights that while Kazakhstan has attempted to borrow judicial selection mechanisms from other countries, these have not always proven effective due to unique national challenges. Specific issues identified include systemic errors in legislative reforms, lack of transparency, and susceptibility to political and internal judicial pressure. For instance, the composition and functioning of the Supreme Judicial Council (SJC) have not effectively ensured impartial and competent judicial appointments, leading to low public trust. In 2020, Kazakhstan ranked 63rd out of 128 countries on the Rule of Law Index, and the judicial system is perceived as highly corrupt. Kazakhstan’s transition from a Soviet-influenced system to a more democratic model faces unique challenges, including deeply ingrained cultural practices such as nepotism. By addressing these legislative and systemic issues, the proposed reforms aim to enhance judicial independence, improve the quality of the judiciary, and ultimately restore public confidence in the legal system. The expected impact includes more transparent and accountable judicial appointments, leading to a more robust and fair judicial system that upholds the rule of law and human rights.