The draft of the new law "On the Prosecutor's Office" was approved by the deputies
May 31, 2017, Astana. The draft law of the Republic of Kazakhstan "On the Prosecutor's Office" was approved at the plenary session of the Majilis of the Parliament.
The draft law was submitted to the Majilis of the Parliament on the legislative initiative of the Head of State.
The draft law is a logical continuation of the implementation of the constitutional reform and defines the limits of higher supervision.
Presenting the draft law, Attorney General Zhakip Asanov thanked the deputies for supporting amendments to Article 83 of the Constitution during the constitutional reform, which clearly defined the main tasks of the prosecutor's office. It is the supreme supervision, representation of interests of the state in court and realization of criminal prosecution.
The draft law defines the limits and forms of higher supervision, specifies its main directions, establishes the boundaries of the highest supervision of compliance with the law in the state bodies’ activities and business entities.
In general, the principles and tasks of the department, as defined by the draft law, have not undergone any significant changes. They were and still are the protection of the rights of citizens, compliance with law and coordination of law enforcement.
According to the draft law, the grounds for inspections of state bodies are substantially narrowed.
The state bodies will be checked in two cases: if an agency violated the rights of persons who cannot independently defend themselves and the rights of an unlimited number of persons; if there is a threat of irreversible consequences of life and human health or the security of the state. And even if there are grounds for this, the prosecutor will be able to appoint a check only when he determines that the authorized body has not taken the due measures.
The same restrictions have touched on the procedure for considering citizens' appeals.
Prosecutors will only consider appeals in cases where a person cannot defend himself when an unlimited range of people's rights are violated or there is a threat of irreversible consequences for a person or state, and the applicants do not find a solution to their question in an authorized body.
All other applications will be sent to the body that is authorized to consider them. Along with this, citizens have the right to appeal any action of the state body to the court.
The system of legal acts of the prosecutor has been adjusted.
Acts are divided into two groups - acts of supervision and acts of reaction.
From the acts of prosecutor's supervision (response), "warning" and "injunction" are excluded. The content of the explanation of the law has been amended. This legal act will be introduced in order to ensure public security, prevent violations, as well as in the presence of information about the upcoming illegal acts.
The types of legal acts that are not subject to protest have been determined, the grounds and consequences of the adoption of acts of prosecutorial supervision have been established. Forced enforcement of acts of supervision (response) will be carried out only in a judicial order.
The powers (rights and duties) of the prosecutor, his responsibility, the rights and responsibilities of the audited entities, the terms of inspections, the conditions for their extension by the Prosecutor General are set out.
The draft law specifies that the functions of representing the interests of the state in court and prosecuting the prosecutor's offices are carried out on the basis of the CPC, CPC and CAO. A separate chapter identifies other areas of the prosecutor's office activity.
Deputies highly assessed the content of the new project, noting that with this approach, the substitution of functions of state bodies, unreasonable appointment of inspections by prosecutors, as well as the zone of responsibility of authorized bodies and prosecutors will be excluded.
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