LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 21, 1995 No. 2709

About Prosecutor's office

Chapter 1. General provisions

Article 1. Prosecutor's office of the Republic of Kazakhstan

1. The prosecutor's office of the Republic of Kazakhstan on behalf of the state exercises the highest supervision of exact and uniform application of the laws, presidential decrees of the Republic of Kazakhstan and other regulatory legal acts in the territory of the Republic, behind legality of pre-judicial production, operational search activities, administrative and enforcement proceeding.

2. The prosecutor's office takes measures for identification and elimination of any violations of legality, protests the laws and other legal acts contradicting the Constitution and the laws of the republic, represents the interests of the state in court, and also in the cases, procedure and limits established by the law performs criminal prosecution.

Article 2. Legal basis of activities of prosecutor's office

The organization, procedure for activities of prosecutor's office of the Republic of Kazakhstan and power of prosecutors are determined by the Constitution of the Republic of Kazakhstan, this Law, legal acts, international treaties ratified by the Republic of Kazakhstan, and also orders of the Attorney-General of the republic.

Article 3. Principles of the organization and activities of bodies of prosecutor's office

1. The prosecutor's office of the Republic of Kazakhstan constitutes single centralized system of bodies, departments, organizations and the organization of education with subordination of subordinate prosecutors higher and to the Attorney-General of the Republic.

2. The prosecutor's office of the Republic of Kazakhstan performs the activities irrespective of other state bodies and officials, political parties and other public associations and is accountable only to the President of the Republic of Kazakhstan.

3. Intervention in activities of bodies of prosecutor's office when implementing of the powers established by the legislation by them is forbidden.

4. The acts of public prosecutor's supervision which are taken out on the basis and according to the procedure established by the law are obligatory for all bodies, the organizations, officials and citizens.

5. Bodies of prosecutor's office are effective publicly in that measure in what it does not contradict requirements of the legislation of the republic about protection of the rights and freedoms of citizens, protection of the state secrets.

Article 4. Main directions and content of activities of bodies of prosecutor's office

For the purpose of ensuring rule of the Constitution and the laws of the Republic of Kazakhstan, protection of rights and freedoms of man and citizen prosecutor's office on behalf of the state:

1) exercises the highest supervision of exact and uniform application of the Constitution, the laws and presidential decrees of the Republic of Kazakhstan and other regulatory legal acts;

Reveals 2) and takes measures to elimination of violations of the Constitution, the laws, presidential decrees of the Republic of Kazakhstan and other regulatory legal acts;

3) protests the laws and other legal acts contradicting the Constitution and the laws of the Republic of Kazakhstan;

4) exercises supervision of observance of rights and freedoms of man and citizen, legitimate interests of legal entities and the state;

5) exercises supervision of legality of operational search activities;

6) exercises supervision of legality of pre-judicial production;

7) exercises supervision of legality of administrative production;

8) exercises supervision of legality of enforcement proceeding;

9) participates in rule-making activities of state bodies within the competence;

10) represents the interests of the state in court;

11) according to the procedure and the limits established by the law is performed by criminal prosecution;

12) creates the state legal statistics for the purpose of ensuring integrity, objectivity and sufficiency of statistics, conducts special accounting, exercises supervision of application of the legislation in the field of legal statistics and special accounting;

13) is coordinated by activities for law enforcement, law and order and fight against crime;

14) exercises supervision of application of the laws in the field of the international legal cooperation;

14-1) performs increase in professional level of the law enforcement officers including consisting in the Presidential reserve of management of law enforcement agencies of the Republic of Kazakhstan;

14-2) coordinates and conducts interdepartmental scientific research in the field of law-enforcement activities;

15) performs other functions determined by this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 5. Activities of bodies of prosecutor's office for implementation of the highest supervision

1. The highest supervision of exact and uniform application of the laws, presidential decrees of the Republic of Kazakhstan, other regulatory legal acts is performed by conducting checks and (or) the analysis of condition of legality.

2. Application of the legislation is performed by the prosecutor within its competence after pronouncement of the resolution on production of check in connection with:

1) order of the President of the Republic of Kazakhstan;

2) statements, claims, messages and other data on violations of the law;

3) direct identification of signs of violation of the law;

3-1) semi-annual summary schedule of conducting checks of regulatory state agencies and local executive bodies;

4) order or request of the higher prosecutor.

3. Check can be also charged by the prosecutor to the relevant competent authority which shall report to the prosecutor about its results in the time established by the law or the prosecutor.

4. Application of the legislation is performed during monthly term. The prosecutor who appointed check with the consent of the higher prosecutor can extend its production.

5. All actions of prosecutors and acts of public prosecutor's supervision attract the effects established by the law if they are made according to the procedure and the forms established by this Law and other regulatory legal acts.

Article 6. Legal guarantees of activities of bodies of prosecutor's office

1. Impact in any form on the prosecutor for the purpose of hindrance to implementation of the powers or acceptance of illegal decision by it by it, and also non-execution of resolutions, instructions, instructions, requirements of prosecutors attracts the responsibility established by the law.

2. Upon the demand of prosecutor's office relevant organs and authorized persons shall:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info