Probleme der richterlichen Unabhängigkeit in Kasachstan

  • Zhenis Kembayev
  • osteuropa recht, January 2017, Nomos Verlag
  • DOI: 10.5771/0030-6444-2017-1-41

What is it about?

Despite the commitment of the Republic of Kazakhstan to the principles of rule of law and separation of power, judicial independence remains largely on paper. This article differentiates and examines the most important reasons undermining judicial independence such as: (a) systemic deficiencies in the rule of law in Kazakhstan; (b) lack of factual independence of judges; (c) lack of personal independence of judges; and (d) corruption within the judiciary. In conclusion, the article argues that judicial independence is not adequately guaranteed in Kazakhstan, as the judicial system is de facto based on rather administrative-like principles and aims primarily to ensure “uniform” and “correct” justice in full compliance with state policies.

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The following have contributed to this page: Professor Zhenis Kembayev