PRESS RELEASE
This Law defines the status, competence, organization and procedure of the Prosecutor's Office of the Republic of Kazakhstan.
Chapter 1. GENERAL PROVISIONS
Article 1. Appointment of the Prosecutor's Office
The Prosecutor's Office, on behalf of the State, carries out, within the limits and forms established by law, supreme supervision over the observance of legality on the territory of the Republic of Kazakhstan, represents the interests of the State in court and carries out criminal prosecution on behalf of the State.
Article 2. Legal basis of the Prosecutor's Office
The competence, organization and procedure of the Prosecutor's Office are determined by the Constitution and the law.
Article 3. Principles of organization and activity of the Prosecutor's Office
The Prosecutor's Office shall constitute a single centralized system with subordination of subordinate prosecutors to superior ones and to the Prosecutor General.
The Prosecutor's Office exercises its powers on the principles of legality, independence from other state bodies, officials and accountability only to the President of the Republic of Kazakhstan.
Interference in the activities of the prosecutor's office in the exercise of their functions and powers is prohibited.
The Prosecutor's Office has no right to interfere in the activities of business entities, organizations and state bodies, to appoint inspections of their activities, to request information or documents on grounds not provided for by law.
The Prosecutor's offices act publicly to the extent that it does not contradict the requirements of legislation on the protection of human and civil rights and freedoms, on the protection of state secrets and other secrets protected by law.
Article 4. Tasks of the Prosecutor's Office
The Prosecutor's Office, within the limits established by law, performs the following tasks:
1) protection and restoration of human and civil rights and freedoms, legitimate interests of legal entities, society and the state;
2) identification and elimination of violations of the rule of law, the causes and conditions that contribute to them, as well as their consequences;
3) coordination of the activities of law enforcement and other state bodies to ensure the rule of law, the rule of law and the fight against crime;
4) other tasks defined by the law and acts of the President of the Republic of Kazakhstan.
Chapter 2. AREAS OF PROSECUTORIAL SUPERVISION
Article 5. The main directions of prosecutorial supervision
Within the limits and in accordance with the procedure established by law, the Prosecutor's Office exercises supreme supervision (hereinafter referred to as supervision) of legality:
1) the activities of state, local representative and executive bodies, local self-government bodies and their officials, other organizations, regardless of the form of ownership, as well as acts and decisions adopted by them;
2) judicial acts that have entered into legal force;
3) enforcement proceedings and proceedings in cases of administrative offenses;
4) the activities of law enforcement and special state bodies in the areas of:
pre-trial investigation, operational search and counterintelligence activities;
execution of criminal penalties and application of other measures of state coercion;
compliance with international treaties of the Republic of Kazakhstan;
5) state legal statistics and special accounting;
6) other directions determined by law.
Article 6. Subject, forms and limits of supervision
The Prosecutor's Office supervises the legality of acts, actions (inaction) of state, local representative and executive bodies, local self-government bodies and their officials, and in exceptional cases, on behalf of the President of the Republic of Kazakhstan or the Prosecutor General, other organizations, regardless of the form of ownership.
Supervision is carried out by conducting inspections and analyzing the state of legality, as well as evaluating acts that have entered into force.
Verification of compliance with the rule of law is appointed and carried out by the prosecutor within his competence on the basis of instructions:
1) The President of the Republic of Kazakhstan;
2) The Prosecutor General of the Republic of Kazakhstan.
Decisions of the Deputy Prosecutor General, regional prosecutors and equivalent prosecutors, district prosecutors and equivalent prosecutors on the appointment and conduct of an audit of the activities of state, local representative and executive bodies, local self-government bodies and their officials are taken to protect the rights, freedoms and legitimate interests:
1) persons who, due to physical, mental and other circumstances, cannot independently protect them;
2) unlimited circle of persons;
3) persons, society and the state, if it is necessary to prevent irreversible consequences for the life, health of people or security of the Republic of Kazakhstan.
Inspections, with the exception of those carried out on the basis of paragraph 3 of this article or when supervising the observance of legality in the activities of law enforcement and special state bodies, may be appointed only in cases of establishing the fact of non-fulfillment or improper fulfillment of their powers by other authorized state control and supervision bodies, whose competence includes relevant issues.
When exercising supervision, the Prosecutor's office does not replace the functions of other State bodies.
Article 7. Procedure for conducting inspections
The Prosecutor shall entrust the inspection to the authorized state body, whose competence includes its conduct, except for the following cases:
1) provided for in subparagraph 1) paragraph 3 of Article 6 of this Law, as well as inspections carried out during the supervision of compliance with the rule of law in the activities of law enforcement and special state bodies;
2) conflict of interests in the activities of this body or its officials;
3) when the reason for the appointment of the audit was a complaint against the decisions and actions (inaction) of this body or its officials.
The competent authority is obliged to inform the prosecutor about the results of the inspection within the time limit prescribed by law.
In the cases provided for in sub-paragraphs 1), 2) and 3) of paragraph 1 of this article, the inspection is carried out by the prosecutor.
A resolution is issued on the conduct of the audit, which is registered with the authorized state body for legal statistics and special records.
Verification of compliance with the law is carried out within no more than thirty calendar days.
If it is necessary to request additional materials, as well as due to the significant volume of the audit, the term of its conduct in exceptional cases may be extended for no more than thirty days and only in agreement with the Prosecutor General.
The inspection may be suspended in cases of appointment of an examination, as well as the need to obtain information and documents from foreign states – before they are received, as well as in other cases that hinder the conduct of the inspection.
The calculation of the term of the suspended inspection continues from the date of its resumption.
This procedure for registering resolutions on the appointment of inspections and the timing of their conduct does not apply to inspections conducted within the framework of criminal procedure, criminal enforcement legislation, legislation on enforcement proceedings, administrative offenses, operational search and counterintelligence activities.
The inspection can be carried out only by those persons who are specified in the resolution on the appointment of the inspection.
When carrying out an inspection, the prosecutor does not have the right:
1) require the provision of documents, information, if they are not the objects of verification or do not relate to the subject of verification;
2) exceed the established deadlines for conducting the audit;
3) interfere with the normal functioning of the subject being checked.
Article 8. Analysis of the state of legality
The procedure for conducting an analysis of the state of legality, including using access to information systems and resources integrated with the information exchange system of law enforcement, special state and other bodies, is determined by this law, other legislative acts and acts of the Prosecutor General.
The analysis is carried out without visiting the subjects (objects) by prosecutors by studying statistical data, information from state and international organizations, mass media, materials of civil and criminal cases, cases of administrative offenses, as well as other sources of information.
The results of the analysis are issued in the form of a certificate. Based on the results of the analysis, measures of prosecutorial supervision or response are taken in accordance with this Law.
Article 9. Rights and obligations of the audited entities
The audited entities or their authorized representatives , when carrying out an inspection by prosecutors, have the right to:
1) to prevent persons who have arrived to conduct an inspection at the facility in the following cases::
failure to provide the audited entity with a resolution on the appointment of an audit;
conducting an inspection without registration with the bodies of legal statistics and special accounting, when such registration is mandatory;
expiration of the terms specified in paragraph 3 of Article 7 of this Law;
conducting an inspection by persons not specified in the resolution on the appointment of an inspection;
the absence of a document confirming the permission to access state secrets, when it is provided for by law;
2) not to provide information and documents:
not related to the subject of the audit or the period specified in the resolution on the appointment of the audit;
containing state secrets or other secrets protected by law in the absence of an appropriate permit or a document giving the right to get acquainted with such information and documents;
3) appeal against the decision on the appointment of an inspection, as well as actions (inaction) of officials of the prosecutor's office in accordance with the procedure established by law.
The audited entities or their authorized representatives , when conducting inspections by prosecutors , are obliged to:
1) ensure unhindered access of officials of the prosecutor's office to the territory and premises of the subject being checked.
Access of officials of the prosecutor's office to the territory and premises of sensitive facilities is provided taking into account the requirements for access and intra-facility modes established in the organization under review;
2) in compliance with the requirements for the protection of state secrets or other secrets protected by law, provide officials of the prosecutor's office with documents (information) on paper and electronic media or copies thereof for attaching to the certificate of the results of the audit, as well as access to information systems and resources of bodies and organizations integrated with the information exchange system of law enforcement, special state and other bodies, within the scope of the subject of the audit;
3) to get acquainted and get a signed resolution on the appointment of an inspection and a certificate of its results;
4) in accordance with the requirements on safety and labor protection, provide the necessary conditions for the persons performing the inspection.
Article 10. Supervision of compliance with the Constitution, laws and acts of the President of the Republic of Kazakhstan of acts and decisions of the Government, other state, local representative and executive bodies, local self-government bodies and their officials, as well as other organizations
The Prosecutor's Office supervises compliance with the Constitution, laws and acts of the President of the Republic of Kazakhstan:
1) acts and decisions of the Government, other state, local representative and executive bodies, local self-government bodies and their officials, with the exception of acts specified in paragraph 2 of Article 24 of this Law;
2) acts and decisions of other organizations, regardless of the form of ownership, if these acts and decisions concern an unlimited number of persons or are of a public nature.
The supervision provided for by this article is carried out by the Prosecutor's Office by evaluating the adopted acts and decisions in the manner determined by the act of the Prosecutor General.
Article 11. Supervision of compliance with the rule of law in pre-trial investigation
The Prosecutor's Office supervises the observance of the rule of law during the pre-trial investigation in accordance with the powers defined by the criminal procedure legislation.
Article 12. Supervision of compliance with the legality of operational investigative, counterintelligence activities and covert investigative actions
Supervision of compliance with the legality of operational investigative activities and covert investigative actions is carried out in accordance with the procedure provided for by the criminal procedure legislation, this Law, the Law of the Republic of Kazakhstan "On Operational Investigative Activities", acts of the Prosecutor General and regulatory legal acts of law enforcement and special state bodies agreed with him.
Supervision of compliance with the legality of counterintelligence activities is carried out in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On Counterintelligence Activities", joint regulatory legal acts of the Prosecutor General and bodies engaged in counterintelligence activities.
When exercising supervision, the prosecutor:
1) in cases established by law, authorizes the conduct of operational investigative, counterintelligence activities, verifies the legality of their conduct, as well as the legality of secret investigative actions;
2) initiates operational search activities;
3) stops operational search activities when violations of the rule of law, human and civil rights and freedoms are detected;
4) performs other powers provided for by law.
Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 21.12.2017 No. 118-VI (effective from 01.03.2018).
Article 13. Supervision of the legality of judicial acts that have entered into force in criminal, civil and administrative cases
When supervising the legality of judicial acts that have entered into legal force, the prosecutor in the manner and within the limits established by law:
1) requests from the court criminal, civil and administrative cases on which judicial acts have entered into force, as well as materials on the execution of the sentence, examines the legality of the adopted acts and, if there are grounds, protests them;
2) considers petitions for bringing a protest against judicial acts that have entered into legal force;
3) performs other powers provided for by law.
Article 14. Supervision of the legality of enforcement proceedings
When supervising the legality of enforcement proceedings, the prosecutor:
1) in the cases provided for in paragraphs 3 and 4 of Article 6 of this Law, checks the legality of the actions of the bailiff;
1-1) in cases prescribed by law, authorizes the decisions of bailiffs;
2) in cases prescribed by law, withdraw the enforcement document from the proceedings of a private bailiff and transfer it to the state bailiff;
3) performs other powers provided for by law.
Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 21.01.2019 No. 217-VI (effective after three months from the date of its first official publication).
Article 15. Supervision of the legality of the execution of punishments and the use of other measures of State coercion
When supervising the legality of the execution of punishments and the application of other measures of state coercion, the prosecutor, in accordance with the procedure established by law, checks:
1) the legality of the detention, detention of persons in institutions of the penal enforcement system, special institutions and guardhouses;
2) observance of the rights of detainees, persons in custody and serving criminal sentences, the conditions of their detention, as well as the fulfillment by these persons of the duties assigned to them by law;
3) the legality of the execution of a non-custodial sentence.
When exercising supervision, the prosecutor has the right:
1) to visit places of deprivation of liberty and other institutions executing punishments and other measures of state coercion for the purpose of checking at any time;
2) in cases prescribed by law, coordinate the acts of the administration of institutions executing punishments;
3) to cancel disciplinary penalties and incentives applied in violation of the law to persons in custody serving sentences in places of deprivation of liberty, to release them by their decision from a disciplinary isolation cell, solitary confinement;
4) perform other powers provided for by law.
Article 16. Supervision of compliance with international treaties of the Republic of Kazakhstan
When supervising compliance with international treaties of the Republic of Kazakhstan, the prosecutor has the right:
1) participate in the development of drafts of international treaties of the Republic of Kazakhstan;
2) in accordance with the procedure established by law, conclude international treaties of the Republic of Kazakhstan on extradition, legal assistance in criminal cases, transfer of convicted persons and persons suffering from mental disorders, as well as on interaction and cooperation with the competent authorities of foreign states and international organizations;
3) consider petitions for the extradition, transfer of persons sentenced to imprisonment for further serving of punishment, as well as persons suffering from mental disorders (diseases), for compulsory treatment, transit of persons, direction and execution of instructions on carrying out procedural actions;
4) represent the interests of the Republic of Kazakhstan in the competent authorities of foreign states on criminal prosecution;
5) perform other powers stipulated by the law and international treaties of the Republic of Kazakhstan.
Article 17. Supervision of legality in the field of state legal statistics and special accounting
The Prosecutor's Office supervises the legality in the field of state legal statistics and special records in accordance with the procedure established by the Law of the Republic of Kazakhstan "On State Legal Statistics and Special Records", this Law and other legislation.
Chapter 3. REPRESENTATION OF THE INTERESTS OF THE STATE IN COURT AND CRIMINAL PROSECUTION
Article 18. Representation of the interests of the State in court
The Prosecutor's Office represents the interests of the State in court on the basis and in accordance with the procedure provided for by criminal procedure, civil procedure legislation and legislation on administrative offenses.
Article 19. Criminal prosecution
The Prosecutor's Office, on behalf of the State, carries out criminal prosecution in accordance with criminal and criminal procedure legislation.
Chapter 4. OTHER AREAS OF ACTIVITY OF THE PROSECUTOR'S OFFICE
Article 20. Coordination of activities to ensure the rule of law, the rule of law and the fight against crime
Coordination of the activities of law enforcement and other state bodies to ensure the rule of law, the rule of law and the fight against crime is carried out by the prosecutor's office in order to ensure the interaction of these bodies, mutual exchange of information and coordination of their actions in the implementation of common tasks. These activities are carried out by the Prosecutor's Office within the framework of permanent coordination councils, which are established at the Prosecutor General's Office, regional Prosecutor's offices and equivalent prosecutor's offices.
The Coordinating Councils carry out their activities in accordance with the Constitution, laws, Regulations on the Coordinating Council for Ensuring the Rule of Law, Law and Order and Combating Crime.
The regulation on the Coordinating Council for Ensuring Legality, Law and Order and Combating Crime is approved by the President of the Republic of Kazakhstan.
Article 21. Consideration of appeals
The prosecution authorities consider appeals in the cases provided for in subparagraph 1) paragraph 3 of Article 6 of this Law, as well as violations of the rule of law or the threat of their occurrence in the cases provided for in paragraph 4 of Article 6 and subparagraphs 1), 2) and 3) of paragraph 1 of Article 7 of this Law.
Appeals are considered by prosecutors within the time limits established by the Law of the Republic of Kazakhstan "On the procedure for considering appeals of individuals and legal entities" and other laws.
In case of appointment of an inspection in connection with the consideration of the appeal, the procedure and timing of its conduct are determined by Article 7 of this Law.
The requirements of paragraphs 1 and 2 of this article do not apply to appeals, the procedure for consideration of which is established by criminal procedure, civil procedure legislation, legislation on administrative offenses, as well as in the field of operational investigative and counterintelligence activities.
Anonymous appeals to the prosecutor's office are not subject to consideration, except in cases provided for by law. The prosecutor has the right not to disclose the source of information in the interests of the person who applied.
Article 22. Activities of departments, institutions and educational organizations of the Prosecutor's Office
Departments, institutions and organization of education of the Prosecutor's Office:
1) form state legal statistics and keep special records, automate processes in order to ensure the integrity, objectivity and sufficiency of statistical indicators;
2) in cases stipulated by the legislation, organize and carry out professional training of persons entering law enforcement service for the first time, with the exception of law enforcement officers, professional retraining, advanced training of law enforcement officers, including those who are in the Presidential Reserve of the leadership of law enforcement agencies of the Republic of Kazakhstan, the implementation of postgraduate education programs, as well as coordination and conducting interdepartmental research in the field of law enforcement;
3) exercise other powers provided for by law.
Chapter 5. LEGAL ACTS OF THE PROSECUTOR'S OFFICE
Article 23. The system of legal acts of the Prosecutor's Office
The system of legal acts of the Prosecutor's Office consists of acts:
1) prosecutorial supervision: protest, sanction, instruction, submission, resolution;
2) prosecutor's response: petition, application, appeal, explanation of the law;
3) regulating the organization and activities of the prosecutor's office: orders, orders, regulations, instructions, regulations and others.
Acts of prosecutorial supervision submitted on the basis, in the manner and within the limits established by law, are mandatory for consideration by the bodies, organizations and officials to whom they are addressed. Failure to review acts of prosecutorial supervision entails liability established by law.
Article 24. Protest
The Prosecutor brings a protest against normative and other legal acts and actions (inaction) of state bodies and officials that contradict the Constitution, laws, acts of the President of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
Legislative acts, acts of the President of the Republic of Kazakhstan, the Administration of the President of the Republic of Kazakhstan, the Constitutional Council, normative resolutions of the Supreme Court, acts of the Supreme Judicial Council, the Accounts Committee for Control over the Execution of the republican budget (based on the results of inspections), normative acts of a technical nature are not subject to appeal by prosecutors.
The protest is brought to the body or official who has adopted an illegal act, decision, or to a higher body or a higher official. Illegal actions (inaction) of an authority or official are protested in the same manner.
The prosecutor's protest is subject to consideration by the relevant body or official within ten calendar days.
The prosecutor has the right to set a different deadline for consideration of the protest, due to the need to prepare and make a decision on it, but not less than ten calendar days.
The body or official is obliged to notify the prosecutor of the time and place of consideration of the protest.
In the protest, the prosecutor demands the cancellation of the illegal act or bringing it into compliance with the Constitution, laws, acts of the President of the Republic of Kazakhstan and international treaties ratified by the Republic, as well as the termination of the illegal action (inaction) of an official and the restoration of the violated right.
Before making a decision on the protest, the Prosecutor General, Deputy Prosecutor General, regional and equivalent prosecutors have the right to suspend the execution of the protested legal act or action if their execution has led or may lead to irreversible consequences for the life and health of people or for the security of the Republic of Kazakhstan.
The grounds, procedure, and deadlines for bringing protests against judicial acts that have entered into force, as well as suspending their execution, are determined by criminal procedure, civil procedure legislation and legislation on administrative offenses.
Article 25. Sanction
The Prosecutor, in cases prescribed by law, gives a sanction (consent) to commit certain actions of a law-restrictive nature, to obtain information containing a secret protected by law.
The sanction (consent) or refusal to give it (his) is issued by the prosecutor with a resolution and signature on the official's resolution after studying the materials on the basis of which the sanction is sought.
In case of refusal to give a sanction (consent), its reasons and grounds are indicated.
Sanction (consent) it can also be certified (certified) by means of an electronic digital signature in accordance with the legislation on electronic document and electronic digital signature.
Article 26. Indication
The Prosecutor gives written instructions on the following issues:
1) pre-trial investigation;
2) operational investigative activities and covert investigative actions;
3) in other cases established by law.
The instructions of the prosecutor, given within his competence, are mandatory for execution by the heads and employees of the bodies carrying out pre-trial investigation, operational investigative activities, secret investigative actions.
Article 27. Performance
The Prosecutor, within the limits of his competence, makes a submission:
1) on the elimination of violations of the rule of law;
2) on the elimination of the causes and conditions conducive to the commission of criminal and other offenses;
3) on issues of deprivation of inviolability of persons who have this right in accordance with the Constitution of the Republic of Kazakhstan;
4) in other cases established by law.
The submission is subject to consideration by an official or body within thirty calendar days, and in cases where irreversible consequences may occur for the life and health of a person and citizen, the security of the state, within the time limit established by the prosecutor.
The Prosecutor has the right to participate in the consideration of the submission. The prosecutor must be notified of the time and place of consideration of the submission by a state body or an official no later than three working days before the day of consideration of the submission.
The results of the consideration of the submission and the measures taken are reported to the Prosecutor's office within three working days from the date of its consideration.
Article 28. Resolution
The Prosecutor shall make decisions provided for by the criminal procedure legislation, the legislation on administrative offenses, on the initiation of disciplinary proceedings, conducting an inspection, bringing, suspending the validity of a legal act, as well as in other cases provided for by law.
The prosecutor's decision is subject to mandatory execution by the authorized body or official.
Article 29. Petition
In accordance with the procedure provided for by the criminal procedure, civil procedure legislation and the legislation on administrative offenses, the prosecutor has the right to bring a petition for the revision of judicial acts that have not entered into legal force.
Article 30. Statement
The prosecutor has the right to file a statement (statement of claim) with the court in the manner and on the grounds established by law.
When rejecting acts of prosecutorial supervision or leaving them without consideration, the prosecutor applies to the court for recognition of acts, decisions and actions (inaction) of bodies and officials as illegal.
Article 31. Appeal
The Prosecutor General, Deputy Prosecutor General, regional prosecutors and equivalent prosecutors have the right to make an appeal to officials, state bodies, legal entities and individuals in order to ensure legality and public safety, prevent offenses, as well as protect human and civil rights and freedoms.
The appeal is distributed using mass media or other public means.
Article 32. Explanation of the law
In order to ensure public safety, prevent offenses, or if there is information about illegal acts being prepared, the prosecutor explains in writing and (or) orally to individuals and representatives of legal entities about the inadmissibility of violations of the rule of law and about the responsibility established by law.
Article 33. Publication of acts of prosecutorial supervision and acts of prosecutorial response
To ensure the publicity of their activities, the prosecutor's office has the right to publish in the mass media acts of prosecutorial supervision and response to illegal actions (inaction) and decisions of bodies and officials that violate the rights, freedoms and legitimate interests of a person and citizen, society and the state, in compliance with the restrictions established by law.
Article 34. Appeal against actions (inaction) and acts of the prosecutor
Actions (inaction) and acts of the prosecutor may be appealed to a higher prosecutor or to a court in accordance with the procedure established by law.
The court or a higher prosecutor may suspend their execution before making a decision on the application (complaint) against the actions or acts of the prosecutor.
The superior prosecutor, upon the appeals of interested persons or on his own initiative, may cancel, revoke, suspend or amend the acts of the subordinate prosecutor.
Chapter 6. THE SYSTEM OF THE PROSECUTOR'S OFFICE
Article 35. The system of the Prosecutor's Office
The unified system of the Prosecutor's Office of the Republic of Kazakhstan is formed by the Prosecutor General's Office, the prosecutor's offices of regions and equivalent to them (the prosecutor's offices of cities of republican significance and the capital of the Republic of Kazakhstan, the main military and transport prosecutor's offices), district and equivalent urban, inter-district, as well as specialized prosecutor's offices (military, environmental, transport, prosecutor's offices of special facilities).
The Prosecutor's Office may form departments, institutions, educational organizations that are part of the unified system of the Prosecutor's office.
The Prosecutor's offices have their own symbols, the description of which is approved by the Prosecutor General.
The formation, reorganization and liquidation of bodies, institutions, departments, educational organizations of the Prosecutor's office, determination of their status and competence shall be carried out in accordance with the procedure established by law.
Article 36. The Prosecutor General and his deputies
The Prosecutor General:
1) is appointed by the President of the Republic of Kazakhstan with the consent of the Senate of the Parliament for a period of five years;
2) is dismissed from office by the President of the Republic of Kazakhstan;
3) accountable to the President of the Republic of Kazakhstan;
4) during the term of his powers, he may not be subjected to detention, detention, house arrest, drive, administrative penalties imposed in court, brought to criminal responsibility without the consent of the Senate of Parliament, except in cases of detention at the scene of a crime or the commission of grave or especially grave crimes.
The First Deputy and Deputy Prosecutor General are appointed and dismissed by the President of the Republic of Kazakhstan.
Article 37. Powers of the Prosecutor General
Attorney General:
1) within the limits and forms established by law, exercises supreme supervision over the observance of legality on the territory of the Republic of Kazakhstan, protests normative and other legal acts that contradict the Constitution, laws, acts of the President of the Republic of Kazakhstan and international treaties ratified by the Republic;
2) directs the activities of lower-level prosecutor's offices;
3) is the Chairman of the Coordinating Council for Law Enforcement, Law Enforcement and Combating Crime at the Prosecutor General's Office;
4) issues orders and orders binding on all employees and employees of bodies, departments, institutions and educational organizations of the prosecutor's office;
5) determines officials in the system of the Prosecutor's office to whom it delegates its powers, with the exception of the powers of the Prosecutor General directly provided for by legislative acts and acts of the President of the Republic of Kazakhstan;
6) adopt regulatory legal acts within its competence:
on the application of the norms of criminal procedure legislation, legislation on operational investigative activities;
on issues of legal statistics and special accounting, mandatory for all subjects of legal statistics;
on issues of formation, access, use, storage, protection and destruction of information from the information exchange system of law enforcement, special state and other bodies;
determining the procedure for the personal reception of individuals and representatives of legal entities by officials of the prosecutor's office;
determining the procedure for admission to training in the organization of education of the prosecutor's office;
determining the procedure for conducting interdepartmental scientific research in the field of law enforcement, their coordination and monitoring;
other regulatory legal acts in accordance with the legislation;
7) in cases provided for by law, coordinate regulatory legal acts on issues of pre-trial investigation, operational-search and counterintelligence activities;
8) makes proposals to the President of the Republic of Kazakhstan on the approval of the regulations, structure and total staffing of the Prosecutor's Office;
9) approves the regulations (charter) of the prosecutor's offices of regions, districts, equivalent prosecutor's offices, institutions and organizations of the prosecutor's office education;
10) submits a submission to the President of the Republic of Kazakhstan on the appointment and dismissal of heads of departments and the organization of education of the Prosecutor's Office;
11) with the consent of the President of the Republic of Kazakhstan, appoints and dismisses regional prosecutors and equivalent prosecutors;
12) with the exception of employees whose labor relations issues are referred to the competence of higher officials in accordance with the law, appoints and dismisses heads of institutions, deputy heads of departments, institutions and educational organizations, deputy prosecutors of regions and equivalent prosecutors, as well as district prosecutors and equivalent prosecutors. When appointing these persons, they have the right to establish a probationary period of up to three months;
13) submits candidates to the President of the Republic of Kazakhstan for the assignment of class ranks of the highest commanding staff and military ranks of the highest officers;
14) in accordance with the procedure established by the law on law enforcement service, assigns class ranks and military ranks to employees of the prosecutor's office;
15) reports to the President of the Republic of Kazakhstan on the state of legality in the country and the activities of the Prosecutor's Office;
16) presents employees and employees of the Prosecutor's office for awarding state awards and conferring honorary titles of the Republic of Kazakhstan, awards departmental awards;
17) determines the procedure for the acquisition, accounting, storage, carrying, transfer, transportation of weapons, ammunition and special means in the bodies, departments, institutions and educational organizations of the prosecutor's office;
18) exercise other powers granted to him by the law and acts of the President of the Republic of Kazakhstan.
Article 38. Prosecutor General's Office
The Prosecutor General's Office is headed by the Prosecutor General.
Prosecutor General's Office:
1) ensures control, coordination and consistency of the actions of the prosecutor's office in the areas of their activities;
2) analyzes the practice of supervision over the application of laws, the state of legality, including the use of information contained in information systems integrated with the information exchange system of law enforcement, special state and other bodies;
3) improves the activities of the prosecutor's office;
4) interacts with the bodies carrying out operational-investigative, counterintelligence activities, secret investigative actions, pre-trial investigation within the limits established by law;
5) organizes and conducts professional development of employees of the prosecutor's office;
6) participates in standard-setting activities;
7) represents the prosecutor's office in the field of international cooperation and develops drafts of international treaties in the field of criminal procedure, as well as coordinates drafts of international treaties initiated by other state bodies concerning the activities of the prosecutor's office.
Article 39. Regional and equivalent prosecutors and prosecutors
Regional prosecutor's offices and equivalent prosecutor's offices are headed by the relevant prosecutors.
Regional prosecutors and equivalent prosecutors:
1) direct the activities of regional, district and other equivalent prosecutor's offices;
2) issue orders, orders, mandatory for all subordinate employees and employees;
3) head the relevant coordinating councils for ensuring the rule of law, law and order and combating crime.
Article 40. District and other equivalent prosecutors and prosecutors
District and equivalent prosecutor's offices are headed by the relevant prosecutors appointed by the Prosecutor General.
District and equivalent prosecutors:
1) direct the activities of district and other equivalent prosecutor's offices;
2) issue orders that are mandatory for all subordinate employees and employees.
Article 41. Subordination of lower-level prosecutors to higher-level ones
The subordination of prosecutors includes:
1) mandatory instructions of higher prosecutors on the organization and activities for lower prosecutors;
2) responsibility of lower-level prosecutors to higher-level ones for the performance of official duties;
3) the exercise by superior prosecutors, in necessary cases, of the powers of subordinate;
4) cancellation, revocation, suspension or modification of acts of lower-level prosecutors by higher-level;
5) resolution by higher prosecutors of complaints about actions (inaction) and acts of lower ones.
The Prosecutor General may establish other forms of subordination of subordinate prosecutors in accordance with the procedure established by this Law.
Article 42. Collegiums in the Prosecutor's Office
The decision on the formation of the Board of the Prosecutor General's Office, departments, prosecutor's offices of regions and equivalent prosecutor's offices is made by the Prosecutor General.
At the meetings of the collegium, issues of the activities of the prosecutor's office, as well as other issues related to the revealed violations of the rule of law, requiring, at the discretion of the Prosecutor General, the head of the department, the prosecutor of the region or an equivalent prosecutor, collegial consideration with the participation of interested persons.
The decisions of the collegium are adopted by a majority vote of the total number of its members and are binding on subordinate employees and employees of the prosecutor's office.
The rules of work of the collegium and its composition in the Prosecutor General's Office, departments, prosecutor's offices of the regions and equivalent prosecutor's offices are determined by their first heads.
Chapter 7. STATUS, POWERS AND GUARANTEES OF THE PROSECUTOR'S ACTIVITY
Article 43. Prosecutor
A prosecutor is an employee of the prosecutor's office, exercising the powers established by this Law in order to implement the functions of the prosecutor's office.
The prosecutors are: the Prosecutor General, his first deputy and deputies, senior assistants and assistants, senior assistants on special assignments, heads of services, departments, departments and departments of the Prosecutor's office, their deputies, Chief Military Prosecutor, Chief Transport Prosecutor, prosecutors of regions, districts and equivalent to them, their deputies, senior prosecutors and prosecutors of departments and departments, senior assistants and assistants of prosecutors of regions and equivalent to them, senior prosecutors and prosecutors of prosecutor's offices of districts and equivalent to them, as well as the military, authorized and special prosecutors.
The list of positions of the prosecutor's office system to which class ranks or military ranks are assigned, as well as the corresponding limit class ranks or military ranks are approved by the President of the Republic of Kazakhstan.
Military-bound employees of the prosecutor's office are on a special account with the prosecutor's office.
Article 44. Powers of the Prosecutor
The Prosecutor, in accordance with his competence, has the right:
1) to carry out actions and take procedural decisions on the grounds and in accordance with the procedure established by the criminal procedure Law;
2) in cases and in accordance with the procedure provided for by law, to demand materials of operational investigative activities, cases of administrative offenses, to receive from managers and other officials the necessary documents, materials, statistical information and other information about the state of legality and the measures taken to ensure it;
3) on the grounds and in accordance with the procedure established by law, participate in the court session and give an opinion on the case, request court cases from the court, bring petitions and protests for the revision of judicial acts;
4) in accordance with the procedure provided for by law, conduct inspections, attract specialists to participate in them and give conclusions, as well as involve employees of other law enforcement agencies in carrying out inspections to ensure security and supervisory activities;
5) appoint expert examinations, require authorized bodies to conduct inspections on materials received by the prosecutor's office, appeals and oblige them to report their results;
6) on the grounds and in accordance with the procedure established by law, to gain access to information contained in information systems and resources integrated with the information exchange system of law enforcement, special state and other bodies;
7) to call officials, individuals and representatives of legal entities for explanations on the issues of the audit and the appeal under consideration;
8) demand the cancellation of measures of a prohibitive or restrictive nature imposed by officials, suspend in whole or in part the operation of an illegal act if there are grounds and in accordance with the procedure provided for by law;
9) initiate and terminate proceedings on an administrative offense in accordance with the procedure provided for by the legislation on administrative offenses;
10) in accordance with the procedure established by law, get access to documents and materials related to the conduct of inspections;
11) participate in the development and consideration of draft regulatory legal acts;
12) cooperate with institutions of other States and international organizations;
13) to participate in the creation and improvement of information systems in the field of legal statistics and special records in order to ensure the rule of law and the fight against crime;
14) perform other actions provided for by law.
The Prosecutor is obliged to:
1) comply with the Constitution and legislation of the Republic of Kazakhstan;
2) observe ethical standards of behavior;
3) to protect the rights, freedoms and legitimate interests of a person and citizen, society and the state in accordance with their competence;
4) to submit documents and materials related to the consideration of their appeals to individuals and legal entities for familiarization within the limits provided for by law;
5) in accordance with the procedure established by law, to prevent and identify violations of the rule of law, the causes and conditions contributing to them, as well as to bring to justice the perpetrators, to adopt acts of prosecutorial response and acts of prosecutorial supervision;
6) to prevent actions (inaction) and the adoption of acts that create obstacles to the normal functioning of the audited entities;
7) ensure the safety of documents and information obtained during the audit, compliance with the requirements of the legislation on state secrets and other secrets protected by law;
8) immediately release persons unlawfully detained and unlawfully held in places of deprivation of liberty, special institutions, institutions executing coercive measures, office premises;
9) improve its activities with the priority of increasing public confidence;
10) perform other powers provided for by law.
Article 45. Legal guarantees of the prosecutor's activity
Influence in any form on the prosecutor in order to prevent him from exercising his powers or making an illegal decision entails liability established by law.
At the request of the prosecutor, bodies, organizations and officials are obliged to:
1) in compliance with the requirements and restrictions established by law for the disclosure of state secrets, information constituting commercial, banking and other secrets protected by law, provide the necessary materials and information on the issues of the audit and appeals considered in accordance with Article 21 of this Law.
The Prosecutor is legally responsible for the disclosure of state secrets, information constituting commercial, banking and other secrets protected by law;
2) to allocate specialists to participate in the inspection and giving an opinion.
Employees of non-governmental organizations and other persons are involved in the audit as specialists on a contractual basis.
The requirements of the prosecutor provided for in paragraph 2 of this article on the issues of the audit being conducted or the appeal under consideration are mandatory for execution by bodies, organizations and officials.
The requested information is provided to the prosecutor's office in the forms, procedure and terms established by law.
Officials and citizens are obliged to appear at the invitation of the prosecutor at the time set by him to give explanations on the issues of the audit or the appeal under consideration.
The summoning of officials and citizens to the prosecutor's office is carried out in compliance with the status and competence of the prosecutor in such a way that the summoned person has sufficient time for timely appearance and preparation for giving explanations, except in cases of emergency situations or circumstances unavoidable under these conditions.
The summoned person is obliged to notify the calling prosecutor about the reasons preventing the appearance on the call at the appointed time.
In case of non-appearance without valid reasons, officials and citizens may be subjected to a drive (forced delivery) by a reasoned decision of the Prosecutor General, his deputies, regional and equivalent prosecutors, their deputies, district and equivalent prosecutors.
The prosecutor's decision on the drive is executed by the internal affairs body.
The drive cannot be performed at night.
Minors under the age of fourteen and persons under the age of eighteen without notifying their legal representative, pregnant women, as well as persons who, for health reasons, cannot or should not leave their place of residence, which is subject to certification by a doctor, are not subject to drive.
Failure to comply with the legal requirements of the prosecutor or failure to appear at the request of the prosecutor without valid reasons entails liability established by law.
The presentation of requirements by prosecutors during inspections that are not provided for by laws entails liability established by law.
The Prosecutor is not obliged to give any explanations on the merits of the cases and materials in his proceedings, as well as to present them to anyone for review, except in the cases and in the manner prescribed by law. No one has the right to disclose the materials of inspections and cases without the permission of the prosecutor in whose proceedings they are.
Article 46. Responsibility of the Prosecutor's Office
Employees of the Prosecutor's Office, when carrying out their activities, bear the responsibility established by law.
The damage caused by the actions of the prosecutor's office is compensated in accordance with the procedure provided for by law.
Article 47. Legal regulation of labor in the Prosecutor's Office
Labor relations:
1) employees of the Prosecutor's Office are regulated by the Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Public Service of the Republic of Kazakhstan" with the features provided for by the Law of the Republic of Kazakhstan "On Law Enforcement Service";
2) military personnel of the Prosecutor's Office are regulated by the Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Military service and the status of military personnel";
3) other employees of the Prosecutor's Office are regulated by the Labor Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Public Service of the Republic of Kazakhstan".
Article 48. Service in the Prosecutor's Office
Service in the Prosecutor's Office is a type of law enforcement service carried out by prosecutors in accordance with the Constitution, this Law and other legislation.
The procedure and specifics of the order of service in the prosecutor's office are determined by the Law of the Republic of Kazakhstan "On Law Enforcement Service".
Article 49. Service certificates and seal
To the Prosecutor General, deputies of the Prosecutor General, official certificates of the established sample are issued by the Administration of the President of the Republic of Kazakhstan.
The Prosecutor General, heads of departments, institutions and educational organizations of the Prosecutor's Office, regional prosecutors and equivalent prosecutors shall issue official certificates of the established sample to subordinate employees.
The Prosecutor General's Office, subordinate prosecutor's offices and departments, institutions and educational organizations of the Prosecutor's Office have seals with the image of the State Emblem of the Republic of Kazakhstan and its name in Kazakh and Russian.
Article 50. Financial support of the Prosecutor's Office
Financial support of the system of the prosecutor's office is carried out at the expense of budgetary funds.
The Prosecutor's Office may have relevant accounts with the Treasury.
Article 51. Material and social security of employees of the Prosecutor's Office
Remuneration of employees of the prosecutor's office is established on the basis of a unified system of remuneration of employees of bodies maintained at the expense of the state budget, approved in accordance with the procedure established by subparagraph 9-1) of Article 66 of the Constitution of the Republic of Kazakhstan.
Pension provision of employees of the Prosecutor's office, payment of state social benefits for disability and loss of breadwinner are carried out in accordance with the legislation.
Chapter 8. FINAL PROVISIONS
Article 52. The procedure for the entry into force of this Law
This Law shall enter into force upon the expiration of ten calendar days after the date of its first official publication.
To invalidate the Law of the Republic of Kazakhstan dated December 21, 1995 "On the Prosecutor's Office" (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1995, No. 24, Article 156; Bulletin of the Parliament of the Republic of Kazakhstan, 1997, No. 12, Article 184; 1998, No. 15, Article 208; 1999, No. 8, Article 247; No. 21, Article 774; 2000, No. 3-4, Article 66; No. 6, Article 142; 2001, No. 20, Article 257; 2002, No. 17, Article 155; 2003, No. 15, Article 139; 2004 G., No. 23, Article 142; 2007, No. 9, Article 67; No. 10, Article 69; No. 20, Article 152; 2008, No. 15-16, Article 63; No. 23, Article 114; 2009, No. 18, Article 84; No. 24, Article 121; 2010, No. 5, Article 23; No. 7, Article 28; No. 24, Article 151; 2011, No. 1, Article 3; No. 16, Article 128; No. 19, Article 145; 2012, No. 8, Article 64; No. 13, Article 91; No. 15, Article 97; 2014, No. 16, Article 90; 2015, No. 20-I, Article 111; No. 20-VII, Article 115; No. 22-V, Article 156; 2016, No. 7-I, Article 47; No. 24, Article 126).
President
Of the Republic of Kazakhstan N. NAZARBAYEV