ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of September 13, 2017 No. 104

About approval of the Instruction on the organization of public prosecutor's supervision of legality of execution of criminal penalties and application of other measures of the state coercion

Being guided by the subitem 4) of article 37 of the Law of the Republic of Kazakhstan "About prosecutor's office" I ORDER:

1. Approve the enclosed Instruction on the organization of public prosecutor's supervision of legality of execution of criminal penalties and applications of other measures of the state coercion.

2. Recognize to invalid:

1) the order of the Attorney-General of the Republic of Kazakhstan of January 6, 2015 No. 7 "About approval of the Instruction on the organization of public prosecutor's supervision of respecting the rule of law in case of execution of punishments, content of persons in special facilities and control for exempted from places of detention" (it is registered in the Register of state registration of regulatory legal acts for No. 10202, it is published in information system of law of Ad_let of February 27, 2015);

2) Item 3 of the list of some orders of the Attorney-General of the Republic of Kazakhstan to which changes and amendment are made the approved order of the Attorney-General of the Republic of Kazakhstan of November 15, 2016 No. 172 "About modification and amendments in some orders of the Attorney-General of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 14554, it is published in information system of law of Ad_let of December 30, 2016).

3. And their execution to provide to department on supervision of legality of the court resolutions which became effective:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in printing and electronic type on official publication in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for inclusion and official publication in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan.

4. Send this order to heads of structural divisions of the Prosecutor General's Office, departments, organizations and the organization of formation of prosecutor's office, prosecutors of areas, areas and prosecutors equated to them.

5. To impose control of execution of this order on the supervising deputy attorney general of the Republic of Kazakhstan.

6. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of September 13, 2017 No. 104

Instruction on the organization of public prosecutor's supervision of legality of execution of criminal penalties and application of other measures of the state coercion

Chapter 1. General provisions

1. This Instruction on the organization of public prosecutor's supervision of legality of execution of criminal penalties and application of other measures of the state coercion (further - the Instruction) disaggregates implementation of supervising activities:

in law-enforcement bodies (further - Department of Internal Affairs) on control of behavior exempted from serving sentence conditional ahead of schedule (further - UDO) and persons concerning whom the court establishes administrative supervision;

in bodies of homeland security and Department of Internal Affairs on execution of criminal penalty in the form of expulsion out of limits of the Republic of Kazakhstan;

in criminal executive system (further - penal correction system) on execution of criminal penalties;

in the authorized state body enabling the realization of state policy and state regulation of activities in the field of providing executive documents for execution of criminal penalties in the form of penalty and confiscation of property;

in local executive bodies on realization of the competences provided by the Penitentiary code of the Republic of Kazakhstan;

in the special facilities providing on legal causes temporary isolation from society of suspects and persons accused of making of criminal offense.

2. The main determinations used in this Instruction:

1) special facilities - pre-trial detention centers of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - the Ministry of Internal Affairs of RK), Committee of homeland security of the Republic of Kazakhstan (further - KNB RK) and guardrooms of the Ministry of Defence of the Republic of Kazakhstan (further - MO RK);

2) bodies of enforcement proceeding - The Ministry of Justice of the Republic of Kazakhstan, its territorial authorities, private legal executives (further - ChSI) on execution of criminal penalties in the form of penalty and confiscation of property;

3) structural division of the Prosecutor General's Office - the division of the Prosecutor General's Office of the Republic of Kazakhstan (further - GP RK) exercising supervision of legality of execution of criminal penalties and application of other measures of the state coercion;

4) subaccounting - person serving the criminal penalty which is not connected with imprisonment, and staying on the registry in service of probation;

5) the Republican state company "Enbek" - the republican state companies "Enbek", "Enbek-Oskemen" and their branches of organizations of criminal executive system of the Ministry of Internal Affairs of RK (further - RGP "Enbek");

6) execution of criminal penalties - application of measures of the state coercion, stipulated in Article 40 Criminal Codes of Kazakhstan (further - the Criminal Code of Kazakhstan) and appointed according to the court verdict to persons found guilty of making of criminal offense;

7) the zone and subject principle of supervision - fixing to the employee of structural division of GP RK of functions on control of activities of separate prosecutor's offices of areas and the requirements of this Instruction equated to them on ensuring execution and carrying out the analysis of condition of legality and other questions of the criminal and executive legislation;

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