Court Regulations s.13: the Chief Justice appoints temporary Judges; the Statute (art. 13(3-1), from 2018) reserves appointment of judges to the President

Section 13(1) of the AIFC Court Regulations lets the Chief Justice, after consulting the Governor, appoint a person as a temporary Judge "to facilitate the disposal of business in the Court"; section 13(3) treats that person "for all purposes" as a Judge. The Regulations were adopted on 5 December 2017 under Article 13(5) of the Constitutional Statute (section 2). At that time Article 13(5) left to the Council resolution on the Court "the procedure for the appointment and removal of judges and other officials of the court". Constitutional Law No. 119-VI of 22 December 2017 added Article 13(3-1): the Chairman and judges of the Centre's court are appointed and released by the President of the Republic of Kazakhstan on the recommendation of the Governor. The same law deleted the words "judges and other" from Article 13(5), so the Council resolution now sets the procedure only for officials of the court. Section 12(1) of the Regulations follows Article 13(3-1) for permanent Judges; section 13 was not aligned. As written, a person appointed under section 13 would hear cases and sign judgments as a Judge without the appointment that Article 13(3-1) requires. We found no sign that section 13 has been used: the judges named in the judgments published on court.aifc.kz since April 2019 are all among the Chief Justice and Justices listed by the Court.

Proposed correction

Please consider amending section 13 so that temporary Judges are appointed in the manner required by Article 13(3-1) of the Constitutional Statute, or repealing it. The Court Regulations are adopted by the Management Council (section 2), so the change needs a Council resolution. Because section 13 appears not to have been used, the change can be made before any case depends on it.

Jurisdiction

Kazakhstan — AIFC

Act

AIFC Court Regulations 2017

Place

s.13(1)

Record

Discrepancy

Class

Text of the act

Where it arose

The text of the act

Arxo's conclusion

Confirmed

Official text

Unchanged at last check

Last checked

2026-10-25

Evidence

Contradiction within the text. Quotations are verbatim from the official material; translations are ours and marked.

he may appoint a person qualified for appointment as a Judge of the Court to be a temporary Judge of the Court

Every person while acting under this Article shall be treated for all purposes as, and accordingly may perform any of the functions of, a Judge of the Court in which he is acting.

3-1. Председатель и судьи суда Центра назначаются и освобождаются Президентом Республики Казахстан по рекомендации Управляющего Центром.

Dated 5 December 2017

порядок назначения и освобождения судей и других должностных лиц суда от должности

порядок назначения и освобождения должностных лиц суда от должности, квалификационные требования к судьям и должностным лицам суда

Статья 13 с изменениями, внесенными Конституционными законами РК от 22.12.2017

пункт 8 статьи 13 изложить в следующей редакции

These Regulations are adopted by the Resolution of the Council under Article 13(5) of the Constitutional Statute

How to check it without Arxo's tools

1. Open AIFC Court Regulations 2017, English text and find s.13(1); s.13(3); title; Court Regulations s.2 (legislative authority). Compare the text with the quotation above. A copy is kept in this register: 27ccf803835369bd-aifc-court-regulations-2017-eng.pdf (SHA-256 27ccf803835369bdfa39986422ef4fb54b6e26640f272c55b090e518722b479d, copy of the official file).
2. Open Constitutional Statute on the AIFC, Russian text (Adilet) and find Constitutional Statute art. 13(3-1); Constitutional Statute art. 13(5), second part, current text (Adilet); Constitutional Statute, footnote to art. 13 (amending laws). Compare the text with the quotation above. A copy is kept in this register: 7d7b541f67901d6e-ru-adilet-api.json (SHA-256 7d7b541f67901d6ef3ccfa8e564606fd80972da031b1a7adf66ad5a0a2a4a893, copy of the official file).
3. Open Constitutional Statute on the AIFC, 2015, Russian and find Constitutional Statute art. 13(5), second part, original 2015 text (Adilet). Compare the text with the quotation above. A copy is kept in this register: d623675c440972bc-ru-adilet-api.json (SHA-256 d623675c440972bcbd91c5f758fdc45509c37e138e3320c1d815a3a94edc1fc5, copy of the official file).
4. Open Constitutional Law No. 296-VI (2019), Russian and find Constitutional Law No. 296-VI of 30.12.2019, art. 1(2)(9): the only change it made to art. 13. Compare the text with the quotation above. A copy is kept in this register: de447bdf2ab9532d-ru-adilet-api.json (SHA-256 de447bdf2ab9532df0f13dde0f5550b851becbf2b47d03d374878e0675a810da, copy of the official file).
5. The finding holds if the quoted passages read as shown and the comparison gives the result stated at the top of this page. If it does not, write to us with the record ID.

How this finding was made

AI agents read the official texts, turned the provisions concerned into executable rules and ran the comparison; they also drafted this record. A person at Arxo checked the finding and approved the report before it was sent (2026-10-27).

Responsible institutions

• AIFC Management Council — body that adopted the act
• AIFC Authority — body that prepares AIFC acts and publishes them on the AIFC website
• AIFC Court — court that adopts the AIFC Court Rules and applies the AIFC Court Regulations

Reported to

Responses

No response recorded.

Documents and reproduction

• AIFC Court Regulations 2017, English text
• Constitutional Statute on the AIFC, Russian text (Adilet)
• Constitutional Statute on the AIFC, 2015, Russian
• Constitutional Law No. 296-VI (2019), Russian

History

1. 2026-10-24Confirmed by Arxo
2. 2026-10-27Entered in the register
3. 2026-10-27Reported to AIFC Management Council (e-mail)
4. 2026-10-27Reported to AIFC Authority (e-mail)
5. 2026-10-27Reported to AIFC Court (e-mail)

Cite this record

Arxo Law, Arxo Findings Register, ARXO-2026-0209, https://arxo.io/findings/ARXO-2026-0209/ (status as of 2026-10-25). Data: ARXO-2026-0209.json.