On November 5 of this year, the Head of state signed the Constitutional Law of the Republic of Kazakhstan “On the Prosecutor's Office". The main and main purpose of this law is to achieve the rule of law and legality in society and the state, as well as the implementation of amendments made to the Constitution of the Republic of Kazakhstan. In this regard, the Prosecutor's office of the Enbekshikazakh district held meetings with the population of urban rural districts of the district. During these meetings, the norms of constitutional law were explained. In particular, introduced
The Constitutional Law of the Republic of Kazakhstan provides for effective means, mechanisms of supervision and is the most systematic.
According to article 29 of the Law, in order to protect and restore violated human and civil rights and freedoms, the Prosecutor's Office interacts, including with the Commissioner for Human Rights in Kazakhstan, and provides assistance in his activities.
According to previous practice, many complaints were sent to the authorized State bodies for consideration.
The law expanded the list of appeals considered by the Prosecutor's office.
In case of inaction of a state or authorized body, the prosecutor's office is obliged to respond to complaints and take appropriate measures.
The Prosecutor has the right to consider complaints about violations of the rule of law, the elimination of which harms human life and health.
Also, in accordance with article 24 of the law, the prosecutor has the right to consider appeals if a person cannot independently protect his rights due to physiological characteristics, mental abnormalities or other circumstances.
Minors are protected, as well as unlimited groups of persons.
In order to protect the interests of business, article 24 of the Law grants the prosecutor the right to consider appeals from private business entities in cases of interference in their activities by state, local representative and executive bodies, local self-government bodies and their officials.
At the same time, the law complies with the norm that the prosecutor's office does not replace the functions of other state bodies (paragraph 4 of Article 5 of the Law).
The Law regulated the pre-trial settlement of complaints against decisions and acts of the Prosecutor's Office (Article 25 of the Law). This complies with the requirements of Article 9 of the Administrative Procedural Code of the Republic of Kazakhstan, according to which, after compliance with the pre-trial procedure for dispute settlement, you can apply to the court.
In addition, the Constitutional Law of the Republic of Kazakhstan "On the Prosecutor's Office" has been amended concerning the powers of the Prosecutor General, that is, the Prosecutor General, within his powers, can apply to the Constitutional Court of the Republic of Kazakhstan on the ratification of international treaties of the Republic for compliance with their Constitution, give an official interpretation of the norms of the Constitution, as well as regulatory legal acts of the Republic of Kazakhstan on compliance with the Constitution of the Republic.
This novel filled the law enforcement potential of the prosecutor's office with new content, since according to any normative legal act, the prosecutor has the right to put before the Constitutional Court the question of its compliance with the Basic Law.
This legislative norm, along with the powers of the Prosecutor's Office to challenge illegal legal acts and their cancellation in court in courts of general jurisdiction, strengthens the protection of citizens' rights.
It should be noted that in order to strengthen the supervisory functions of prosecutors, in accordance with article 41 of the Law, a new act of prosecutorial supervision has been introduced - an explanation on the prevention of violations of the law.
Explanation of the inadmissibility of violations of the law is the prevention of offenses, ensuring public safety, protection of human and civil rights and freedoms, or if there is information about the upcoming illegal actions, the prosecutor explains to individuals and representatives of legal entities in writing or orally about the prevention of violations of the legislation of the Republic of Kazakhstan and explains them in accordance with the procedure established by the legislation of the Republic of Kazakhstan warns about responsibility.