1700 complaints against judges were received by the Disciplinary Commission for the first year of work as a separate constituent body. This was reported by the Chairperson of the Disciplinary Commission at the Council of Judges of the Kyrgyz Republic Kymbat Arkharova during an ExpertCafe meeting on January 31, 2019.

In fact, it was the first public report of the Commission on the work done.

According to Arkharova, 1060 cases out of the total number of complaints received were returned, according to 246 complaints an internal investigation was conducted.

“According to the results of the official investigation, disciplinary action was taken against 74 judges. According to 172 complaints, it was denied consideration due to the absence of the judge’s guilt and evidence, as well as the expiry of the term for bringing to disciplinary responsibility, ”Arkharova said.

The Commission made submissions on the early release from office in respect of 5 judges.

Powers of the Disciplinary Commission

According to Chinara Musabekova, Deputy Chairman of the Commission, the Disciplinary Commission cannot consider the legality of court decisions; only disciplinary offenses are considered here.

“Most citizens mistakenly believe that the Commission will review judicial decisions. No, we are considering disciplinary offenses, but if there was a systematic violation of service discipline and procedural norms, or the judge allowed interference in his work, we can introduce a notion of early dismissal from his post, as was done in respect of 5 judges. ” explained Musabekova.

Last year, on the basis of submissions, five judges were prematurely dismissed from office: Judge of the Oktyabrsky District Court Gulchekhra Omorov, Chairman of the Sverdlovsk District Court Elvira Zharkeeva, Judge of the Sverdlovsk District Court Dotolotbek Turdukozhoyev, Judge of the Moscow District Court Marles Felix and Judge of the Naryn City Court Aynagul Joschul Jougul J.

In 2018, the Disciplinary Commission agreed with the Prosecutor General on bringing four judges to criminal responsibility.

Reference:

Bringing a judge to criminal responsibility is allowed with the consent of the Disciplinary Commission at the Council of Judges on the proposal of the Prosecutor General. In order to obtain this consent, the Prosecutor General makes a submission to the Council of Judges indicating the circumstances of the criminal case, the applicable criminal law articles and requests for consent to be brought to criminal responsibility as an accused. The decision of the Disciplinary Commission on consent or disagreement on bringing a judge to criminal or administrative responsibility is not subject to appeal.

Commission member Kanat Turganbekov said that now 80% of the judges are new judges.

“It’s not that they all know the procedural code well. Consideration of disciplinary offenses by our commission and their publication on the website increases the responsibility of judges, ”Turganbekov said.

On July 28, 2017, the Law of the Kyrgyz Republic “On the Disciplinary Commission under the Council of Judges of the Kyrgyz Republic” was adopted. “According to the new Law, the Disciplinary Commission is a separate constituent body authorized to consider issues of disciplinary responsibility of judges.” The Disciplinary Commission consists of nine members, the structure is formed by the President, the Jogorku Kenesh and the Council of Judges of the Kyrgyz Republic, 1/3 of the commission, respectively. The Disciplinary Commission is considered eligible after forming at least 2/3 of its membership, currently, there are eight members of the Commission.

[This content was automatically translated from Russian language]