CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of September 10, 2021 No. 114

About prosecutor's office of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on July 22, 2021

Chapter 1. General provisions

Article 1. Subject of regulation of this constitutional Law

This constitutional Law determines procedure for the organization of activities of prosecutor's office of the Kyrgyz Republic, legal acts, powers of bodies of prosecutor's office, feature of the organization of activities military and specialized prosecutor's offices, the main measures of legal and social protection of prosecutors and investigators, and also procedure for service in bodies of prosecutor's office.

Article 2. Prosecutor's office of the Kyrgyz Republic

1. The prosecutor's office of the Kyrgyz Republic (further - prosecutor's office) is the state body designed to provide rule of law, unity and strengthening of legality, and also protection of the interests of the personality, society and state protected by the law.

2. The prosecutor's office constitutes single system to which it is assigned:

1) supervision of exact and uniform execution of the laws and other regulatory legal acts of the Kyrgyz Republic by public authorities (except for activities of the Central commission on elections and holding referenda of the Kyrgyz Republic in the field of preparation and elections and referenda, Akyykatchy (Ombudsman) of the Kyrgyz Republic in the field of control of observance of constitutional rights and freedoms of man and citizen), local self-government, the public and local government offices and the organizations which activities are financed from the state and local budgets, the public and local government offices and the companies functioning on the principles of complete cost accounting and self-financing and also other legal entities with the state share (further - subjects);

2) supervision of compliance with laws and other regulatory legal acts the bodies performing the investigation and operational search activities;

3) supervision of legality in the field of the state legal statistics and accounting;

4) supervision of compliance with laws and other regulatory legal acts in case of execution of judgments on criminal cases, and also in case of application of the measures of forced nature connected with restriction of personal liberty of citizens;

5) representation of interests of the citizen or the state in the cases determined by the law;

6) maintenance of crown case in court;

7) implementation of criminal prosecution according to the procedure and the cases provided by the Code of penal procedure of the Kyrgyz Republic;

7-1) initiation of legal proceedings concerning officials of state bodies which list is determined by the Code of penal procedure of the Kyrgyz Republic, and their transfer for investigation to the relevant investigating bodies;

8) implementation of other powers provided by this constitutional Law and other regulatory legal acts of the Kyrgyz Republic.

Article 3. Legal basis of activities of prosecutor's office

1. The legal basis of activities of bodies of prosecutor's office is constituted by the Constitution of the Kyrgyz Republic, this constitutional Law, other regulatory legal acts which came in the procedure established by the law into force the international agreements which participant is the Kyrgyz Republic, and also legal acts of the Attorney-General of the Kyrgyz Republic (further - the Attorney-General).

2. Accomplishment of the functions which are not provided by the laws of the Kyrgyz Republic cannot be assigned to prosecutor's office.

Article 4. Principles of activities of prosecutor's office

1. Activities of prosecutor's office are based on the principles:

1) legality;

2) protection of rights and freedoms of man and citizen;

3) transparency and publicity;

4) independence of the prosecutor and inadmissibility of intervention in its activities;

5) obligation of execution of requirements of the prosecutor;

6) one-man management and subordination of subordinate prosecutors to higher.

2. Bodies of prosecutor's office:

1) is provided by rule of law, unity and strengthening of legality;

2) provide protection of constitutional rights and freedoms of man and citizen by means of public prosecutor's supervision of observance of the Constitution, execution of the laws and other regulatory legal acts of the Kyrgyz Republic;

3) are effective publicly in that measure in what it does not contradict requirements of the laws, and also legislations on protection of the state secrets and other secret protected by the law;

4) is performed by powers irrespective of state bodies, local government bodies, commercial and non-profit organizations in strict accordance with the Constitution of the Kyrgyz Republic, regulatory legal acts and international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic;

5) take measures for suppression of violations of the law, recovery of the violated rights and attraction to the responsibility of persons which allowed these violations established by the law;

6) the prosecutor's office constitutes single centralized system of bodies and organizations of prosecutor's office with subordination of subordinate prosecutors higher and to the Attorney-General.

3. Subordination of prosecutors includes:

1) obligation of instructions of higher prosecutors concerning the organization and activities for subordinate prosecutors;

2) responsibility of subordinate prosecutors before higher for accomplishment of service duties;

3) permission higher prosecutors of claims to actions (failure to act) and acts of subordinate;

4) termination of actions, response or change of acts of subordinate prosecutors higher.

Article 5. Guarantees of independence of bodies of prosecutor's office

1. Intervention in activities of bodies of prosecutor's office is forbidden.

Impact in any form on the prosecutor or the investigator of bodies of military prosecutor's office for the purpose of hindrance to implementation of the powers or acceptance of illegal decision by them by them attracts the responsibility established by the Criminal code of the Kyrgyz Republic.

2. The prosecutor, the investigator of bodies of military prosecutor's office shall not offer any explanations on the substance of being in their proceedings and materials, and also to present them to somebody for acquaintance, differently as in the cases and procedure provided by the law. Nobody has the right to disclose materials of checks and cases without the permission of the prosecutor in whose production they are, before their completion.

Article 6. Guarantees of obligation of requirements of the prosecutor and investigator of bodies of military prosecutor's office and acts of public prosecutor's reaction

1. The requirements (requests, orders, instructions) the prosecutor and the investigator of the bodies of military prosecutor's office shown on the basis and according to the procedure, established by the legislation are obligatory for execution by the subjects specified in Item of 1 part 2 Articles 2 presents of the constitutional Law.

2. Claimed information is provided in bodies of prosecutor's office in the forms established by the legislation and procedure.

3. For the purpose of realization of the powers assigned to bodies of prosecutor's office by the legislation of the Kyrgyz Republic, prosecutors have the right in accordance with the established procedure to free entrance to rooms of the subjects specified in Item of 1 part 2 Articles 2 presents of the constitutional Law, acceptance by their heads concerning check, access to documents and materials, and also acquaintance with legal cases and their reclamation from court, except as specified, when case papers are directly in judicial proceedings.

4. Officials and citizens shall be according to the written requirement of the prosecutor or investigator of bodies of military prosecutor's office in time established by it for giving explanations and indications. In the written requirement questions on which the official or the citizen is called shall be specified.

5. In case of absence without valid excuse or refusal of appearance of officials, citizens for making explanations in bodies of prosecutor's office, the prosecutor has the right to issue the decree on forced delivery of such person in bodies of prosecutor's office which is performed by law enforcement agencies within 24 hours.

6. Non-execution, improper execution of acts of public prosecutor's reaction, legal requirements of the prosecutor or investigator of bodies of military prosecutor's office attracts responsibility according to the legislation of the Kyrgyz Republic.

Article 7. Consideration and permission of addresses in bodies of prosecutor's office

1. In bodies of prosecutor's office, according to their powers, the addresses containing data on violation of the laws and other regulatory legal acts are considered. The decision made by the prosecutor can be appealed to the higher prosecutor and does not interfere with the request of person for protection of the rights in court.

2. The prosecutor's offices of the address arriving in bodies are considered according to the procedure and the terms established by the legislation of the Kyrgyz Republic.

3. Transfer of the appeal to body or to the official is forbidden, decisions or actions (failure to act) of which are appealed.

4. Anonymous addresses in bodies of prosecutor's office are not considered.

Article 8. Appeal of actions of the prosecutor and acts of public prosecutor's reaction

1. Actions of the prosecutor and acts of public prosecutor's reaction can be appealed to the higher prosecutor or in court. Appeal of requirements and acts of public prosecutor's reaction does not stop their execution.

2. The court or the higher prosecutor can before decision according to the address at actions or acts of public prosecutor's reaction to suspend their execution.

3. The higher prosecutor according to the address of citizens and (or) legal entities or on the initiative can withdraw the act of public prosecutor's reaction of the subordinate prosecutor.

Article 9. Participation of prosecutors in meetings of state bodies and local government bodies

1. The Attorney-General and his deputies have the right to be present at meetings of Jogorku Kenesh of the Kyrgyz Republic, its committees and commissions, the Cabinet of Ministers of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic and the Constitutional court of the Kyrgyz Republic.

2. Prosecutors of areas, prosecutors of specialized prosecutor's offices, prosecutors of the cities, areas and their deputies and for their order other prosecutors have the right to be present at meetings of boards of offices of plenipotentiaries of the President of the Kyrgyz Republic in areas, local public administrations, meetings and meetings of local government bodies.

3. Prosecutors have the right to participate in consideration of the acts of public prosecutor's reaction by the courts and subjects specified in Item of 1 part 2 Articles 2 presents of the constitutional Law introduced by them.

Chapter 2. System and organization of prosecutor's office

Article 10. System of prosecutor's office

1. The system of prosecutor's office is constituted:

1) the Prosecutor General's Office of the Kyrgyz Republic (further - the Prosecutor General's Office);

2) military prosecutor's office of the Kyrgyz Republic (further - military prosecutor's office);

3) prosecutor's offices of areas, cities of Bishkek and Osh, and also specialized prosecutor's offices;

4) district (city) and military prosecutor's offices of garrisons.

2. Under prosecutor's office of the Kyrgyz Republic organizations which enter single system of bodies of prosecutor's office can be formed.

3. The Prosecutor General's Office has subjects to social and economic appointment in operational management.

4. Education, reorganization, liquidation of bodies and organizations of prosecutor's office, determination of their status and competence are performed according to the decision of the Attorney-General in the procedure established by the legislation, except as specified, requiring additional financing from the republican budget which are solved in coordination with the Cabinet of Ministers of the Kyrgyz Republic.

5. Bodies of prosecutor's office have the symbols - flag and emblem. Their description and procedure for official use are established by the Attorney-General.

Article 11. Prosecutor General's Office

1. The Prosecutor General's Office is the supreme body of prosecutor's office of the Kyrgyz Republic, is headed by the Attorney-General appointed to position and dismissed by the President of the Kyrgyz Republic according to the procedure, provided by the Constitution of the Kyrgyz Republic.

The Prosecutor General's Office has the status of the legal entity.

2. The Attorney-General has the first deputies, deputies appointed to position and dismissed by the President of the Kyrgyz Republic according to the proposal of the Attorney-General.

Deputy attorneys general can be appointed at the same time heads of the relevant structural divisions which are a part of the system of bodies of prosecutor's office.

3. The structure of the Prosecutor General's Office is determined by the Attorney-General. The extreme number of staff of bodies of prosecutor's office affirms the President of the Kyrgyz Republic.

4. Prosecutor General's Office:

1) provides coordination and coordination of actions of bodies of prosecutor's office for their main activities;

2) analyzes practice of supervision of execution of the laws, legality condition in the Kyrgyz Republic, including with use of the data containing in the information systems integrated with information exchange system of law enforcement and other state bodies;

3) develops recommendations about enhancement of public prosecutor's supervision;

4) controls work of bodies of prosecutor's office on supervision of compliance with laws;

5) interacts with the law enforcement agencies performing the investigation, operational search activities;

6) enhances reporting system and estimates of activities with priority of questions of prevention of crime, protection of constitutional rights and freedoms of citizens, interests of society and state, and also establishes different forms of cooperation with institutes of civil society;

Will organize 7) and carries out advanced training of personnel;

8) represents bodies of prosecutor's office in the field of international cooperation.

5. For the purpose of carrying out scientific research, advanced trainings of staff of bodies of prosecutor's office of the Kyrgyz Republic can be created in accordance with the established procedure departmental scientific institutions and educational institutions.

Article 12. Powers of the Attorney-General

1. The Attorney-General, having all completeness of powers of prosecutor's office:

1) directs system of prosecutor's office and exercises control of its activities;

2) will organize work on realization of the powers assigned to bodies of prosecutor's office;

3) conducts negotiations and signs the international agreements of the Kyrgyz Republic concerning legal assistance and fight against crime according to the procedure, established by the legislation of the Kyrgyz Republic in the field of international treaties;

4) draws the conclusion about availability in actions of the President of the Kyrgyz Republic of essential elements of offense in case of promotion of the Kyrgyz Republic of accusation by Jogorku Kenesh;

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