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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of January 5, 2022 No. 4

About some questions of the organization of public prosecutor's supervision and control in the field of legal statistics and special accounting

According to Item 1 of Article 8, Article 17, the subitem 6) of article 37 of the Law of the Republic of Kazakhstan "About prosecutor's office", the subitem 3) of article 6 of the Law of the Republic of Kazakhstan "About the state legal statistics and special accounting", the subitem 3) of Item 14 of the Regulations on Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of March 28, 2003 No. 1050, I ORDER:

1. Approve:

1) the Instruction on the organization of public prosecutor's supervision of legality of the state legal statistics and special accounting according to appendix 1 to this order;

2) Rules of control of compliance with law in the field of the state legal statistics and special accounting according to appendix 2 to this order.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of March 2, 2012 No. 19 "About approval of the Instruction about the organization of control and public prosecutor's supervision of application of the legislation in the field of the state legal statistics and special accounting" (it is registered in the Register of state registration of regulatory legal acts for No. 7490).

3. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

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

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

3) the direction of this order to territorial authorities of Committee for execution.

4. To impose control of execution of this order on the Chairman of Committee.

5. This order becomes effective after day of its first official publication.

Attorney-General of the Republic of Kazakhstan

G. Nurdauletov

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of January 5, 2022 No. 4

Instruction on the organization of public prosecutor's supervision of legality of the state legal statistics and special accounting

Chapter 1. General provisions

1. This Instruction on the organization of public prosecutor's supervision of legality of the state legal statistics and special accounting (further - the Instruction) is developed according to the laws of the Republic of Kazakhstan "About prosecutor's office" (further - the Law "About Prosecutor's Office"), "About the state legal statistics and special accounting" (further - the Law "About the State Legal Statistics and Special Accounting").

2. Activities of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee) on the organization of public prosecutor's supervision of legality of the state legal statistics and special accounting include the highest supervision of legality of activities of subjects of legal statistics and special accounting according to the subitem 3) of article 6 of the Law "About the State Legal Statistics and Special Accounting".

3. In the Instruction the following basic concepts are used:

1) territorial authorities - managements of Committee in areas, the cities of republican value and the capital and the specialized divisions equated to them;

2) Committee - the department performing within competence of the Prosecutor General's Office of the Republic of Kazakhstan (further - the Prosecutor General's Office) functions and powers of state body on forming of legal statistics and conducting special accounting;

3) documentary information - the information about persons, objects, facts, events, circumstances and other legal phenomena and processes occurring in criminal and legal, civil, administrative and legal spheres, irrespective of form of their representation, fixed in the information accounting document;

4) legal statistical information - the data provided by subjects to authorized body for use in the statistical purposes;

5) subjects of legal statistics and special accounting (further - the subject) - law enforcement, judicial and other state bodies and the organizations, and also persons who according to the legislation of the Republic of Kazakhstan provide legal statistical information to authorized body for the purposes of the state legal statistics, conducting special accounting, studying and the analysis of the documentary information applied in criminal and legal, civil, administrative and legal spheres;

6) the prosecutor is the employee of Committee and its territorial authorities performing the powers established by the laws "About Prosecutor's Office", "About the State Legal Statistics and Special Accounting" for the purpose of realization of functions of bodies of prosecutor's office within the competence established by Regulations on Committee on legal statistics and the special accounting of the Prosecutor General's Office of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of March 28, 2003 No. 1050;

7) public prosecutor's supervision - the highest supervision exercised by Committee and its territorial authorities behind legality of the state legal statistics and special accounting.

4. Tasks of public prosecutor's supervision are identification and elimination of violations of legality of the state legal statistics and the special accounting, the reasons and conditions promoting them, and also their effects, for the purpose of effective and sufficient information support of state bodies, physical persons and legal entities about condition of legality and law and order in the country, enhancement and development of the state legal information statistical system.

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

1) is analyzed by condition of legality of the state legal statistics and special accounting (further - the analysis of condition of legality);

2) performs respecting the rule of law in activities of subjects;

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