Novelties Of the law of the Republic of Kazakhstan " on the Prosecutor's office»
July 10, 2017, Astana. On June 30, 2017, the Head of state signed the Law of the Republic of Kazakhstan "on the Prosecutor's office" (hereinafter – the Law).
The document is aimed at bringing legislation into line with the new version of paragraph 1 of article 83 of the Constitution of the Republic of Kazakhstan, as well as improving the activities of the Prosecutor's office.
Developed in accordance with the Decree of the President of the Republic of Kazakhstan dated March 13, 2017 No. 437 "on a set of measures to implement the Law of the Republic of Kazakhstan dated March 10, 2017 "on amendments and additions to the Constitution of the Republic of Kazakhstan", the Law defined the status, competence, organization and procedure of the Prosecutor's office of the Republic of Kazakhstan.
According to article 1 of the Law the Prosecutor's office on behalf of the state in statutory limits and shapes will exercise the highest supervision over the observance of legality in the territory of the Republic of Kazakhstan to represent the interests of the state in court and for the state to prosecute.
The law defines the following tasks of the Prosecutor's office:
1) protection and restoration of human and civil rights and freedoms, legal interests of legal entities, society and the state;
2) identification and elimination of violations of the law, 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 law and order and fight crime;
4) other tasks defined by the law and acts of the President of the Republic of Kazakhstan.
The law defines the limits and forms of higher supervision, specifies its main directions, and sets the boundaries of higher supervision over compliance with the law in the activities of state bodies and business entities.
The powers (rights and duties) of the Prosecutor, his responsibility, as well as the rights and duties of the subjects being checked have been consolidated, and the grounds for appointing checks by prosecutors and filing a lawsuit by prosecutors have been reduced.
There are three forms of supervision: verification, analysis, and evaluation of legal acts that have entered into legal force.
The system of legal acts of the Prosecutor has been adjusted. "Warning" and "order"are excluded from the acts of Prosecutor's supervision (response).
The content of the explanation of the law has been changed. This legal act will be introduced in order to ensure public safety, prevent offenses, as well as if there is information about upcoming illegal acts.
The types of legal acts that are not subject to appeal are defined, the grounds and consequences of the adoption of acts of Prosecutor's supervision are established. Enforcement of acts of supervision (response) will be carried out only in court.
Separate chapters highlight the functions of representing the interests of the state in court and criminal prosecution, as well as other areas of activity of the Prosecutor's office, which include the formation of state legal statistics, maintaining special records, implementing a unified state personnel policy in the system of Prosecutor's offices, and others.
The unified system of Prosecutor's offices, the powers of the Prosecutor General of the Republic of Kazakhstan, the scope of activities of the Prosecutor General's office, regional, district and equivalent Prosecutor's offices has been defined.
The law does not require the allocation of additional funds from the national budget and does not entail negative socio-economic and legal consequences.
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