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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of May 2, 2018 No. 60

About some questions of the organization of public prosecutor's supervision

(as amended on 12-07-2021)

According to Item 1 of Article 8, Item 2 of Article 10 and the subitem 6) of article 37 of the Law of the Republic of Kazakhstan of June 30, 2017 "About prosecutor's office" I ORDER:

1. Approve enclosed:

1) the Instruction on the organization of supervision of legality of activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership, and also acts and decisions, court resolutions which took legal effect, enforcement proceeding, representation of interests of the state in court on civil and administrative cases adopted by them according to appendix 1 to this order;

2) Rules of carrying out the analysis of condition of legality and assessment of acts and decisions of the Government, other state, local representative and executive bodies, local government bodies and their officials, and also other organizations, according to appendix 2 to this order.

2. Recognize invalid some orders of the Attorney-General of the Republic of Kazakhstan, according to appendix 3 to this order.

3. To provide to service on protection of public concerns of the Prosecutor General's Office of the Republic of Kazakhstan:

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

2) the direction within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan of its copy in paper and electronic type in the state and Russian languages 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 official publication and inclusion 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 the 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.

Attorney-General of the Republic of Kazakhstan

K. Kozhamzharov

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of May 2, 2018 No. 60

The instruction on the organization of supervision of legality of activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership, and also acts and decisions, court resolutions which took legal effect, enforcement proceeding, representation of interests of the state in court on civil, administrative cases and on cases on administrative offenses adopted by them

Chapter 1. General provisions

1. This Instruction on the organization of supervision of legality of activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership, and also acts and decisions, court resolutions which took legal effect, enforcement proceeding, representation of interests of the state in court on civil, administrative cases and on cases on administrative offenses adopted by them (further – the Instruction) is developed according to the Law of the Republic of Kazakhstan "About prosecutor's office" (further – the Law).

2. Activities of bodies of prosecutor's office for the organization of supervision of legality of activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership, and also acts and decisions, court resolutions which took legal effect, enforcement proceeding of representation of interests of the state adopted by them in court on civil, administrative cases and on cases on administrative offenses include:

1) the highest supervision of legality of activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership, and also acts and decisions adopted by them;

2) representation of interests of the state in the court on civil, administrative cases and cases on administrative offenses according to the procedure determined by the Code of the Republic of Kazakhstan about administrative offenses (further – the Administrative Code), the Code of civil procedure of the Republic of Kazakhstan (further – GPK) and the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK);

3) supervision of legality of the court resolutions which took legal effect on civil, administrative cases and cases on administrative offenses;

4) supervision of legality of enforcement proceeding on civil, administrative cases, cases on administrative offenses and criminal cases (except for penalties of criminal penalties and confiscation of property).

3. Tasks of supervision of legality of activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership, and also acts and decisions, court resolutions which took legal effect, enforcement proceeding adopted by them, representations of interests of the state in court on civil, administrative cases and cases on administrative offenses are:

1) protection and recovery of rights and freedoms of man and citizen, legitimate interests of legal entities, societies and states;

2) identification and elimination of violations of legality, the reasons and conditions promoting them and also their effects.

4. For the purpose of realization of the specified tasks the prosecutor:

1) is analyzed by legality condition;

2) estimates acts and decisions of the Government, other state, local representative and executive bodies, local government bodies and their officials, and also other organizations;

3) performs respecting the rule of law in activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership;

4) represents the interests of the state in court on civil, administrative cases and cases on administrative offenses, and also exercises supervision of legality of enforcement proceeding.

5. The analysis of condition of legality and assessment of acts and decisions of the Government, other state, local representative and executive bodies, local government bodies and their officials, and also other organizations is carried out according to Rules of carrying out the analysis of condition of legality and assessment of acts and decisions of the Government, other state, local representative and executive bodies, local government bodies and their officials, and also other organizations approved according to Item 1 of article 8 of the Law.

Chapter 2. Conducting checks of respecting the rule of law in activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership

6. Check of respecting the rule of law is appointed and carried out by the prosecutor within its competence of the cases provided by legal acts of the Republic of Kazakhstan.

7. Checks according to orders of the President of the Republic of Kazakhstan and the Attorney-General of the Republic of Kazakhstan (further – the Attorney-General) are appointed and carried out by the prosecutor in any organizations irrespective of pattern of ownership according to the procedure, provided by the current legislation of the Republic of Kazakhstan.

Provisions of Items 8 and 9 of this Instruction do not extend to the checks appointed and which are carried out according to orders of the President of the Republic of Kazakhstan and the Attorney-General.

8. Checks in activities of the state, local representative and executive bodies, local government bodies and their officials are appointed and carried out by the prosecutor for protection of the rights, freedoms and legitimate interests:

1) persons who owing to physical, mental and other circumstances cannot independently perform their protection;

2) unrestricted group of people;

3) persons, society and the state if it is necessary for prevention of irreversible effects for life, human health or safety of the Republic of Kazakhstan.

Of freedoms and legitimate interests treat persons who owing to physical, mental and other circumstances cannot independently perform protection of the rights:

orphan children, children without parental support, children with limited opportunities, the children who are in difficult life situation and also the children who are in the special organizations of education, the organizations of education with specific mode of content, the centers of adaptation minor, teaching and educational organizations with providing special conditions of education, training and social resettlement;

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