CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 5, 2022 No. 155-VII ZRK

About prosecutor's office

This Constitutional law determines competence, the organization and procedure for activities of prosecutor's office of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Appointment of prosecutor's office

The prosecutor's office on behalf of the state in the limits and forms set by the law exercises the highest supervision of respecting the rule of law in the territory of the Republic of Kazakhstan, represents the interests of the state in court and on behalf of the state performs criminal prosecution.

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

The legal basis of activities of bodies of prosecutor's office is constituted by the Constitution of the Republic of Kazakhstan, this Constitutional law, the international agreements ratified by the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.

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

1. The prosecutor's office performs the powers on the principles of legality, independence of other state bodies and officials, accountabilities only to the President of the Republic of Kazakhstan, publicity.

2. Any intervention in activities of bodies of prosecutor's office when implementing of the functions and powers by them is forbidden.

3. The prosecutor's office has no right to interfere with activities of subjects of entrepreneurship, the organizations and state bodies, to appoint checks of their activities, to request information or documents on the bases which are not provided by the law.

4. Bodies of prosecutor's office are effective publicly in that measure in what it does not contradict requirements of the laws of the Republic of Kazakhstan regarding protection of rights and freedoms of man and citizen, about protection of the state secrets and other secret protected by the law.

Article 4. Purposes and tasks of prosecutor's office

The prosecutor's office for the purpose of protection of the person, his life, the rights and freedoms as supreme values of the state, law enforcement in the territory of the Republic of Kazakhstan performs the following tasks:

1) protection and recovery of the violated rights and freedoms of man and citizen protected by the law of interests of legal entities, societies and the states;

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

3) coordination of activities of law enforcement and other state bodies for law enforcement, law and order and fight against crime;

4) other tasks determined by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Chapter 2. System and competence of bodies of prosecutor's office

Article 5. System of bodies of prosecutor's office

1. Single centralized system of bodies of prosecutor's office the Prosecutor General's Office of the Republic of Kazakhstan, departments subordinated to it, the organization of education, bodies of military and transport prosecutor's offices, prosecutor's offices of areas and prosecutor's offices (the cities of republican value and the capital) equated to them, district and equated to them (city, interdistrict, and also specialized) form prosecutor's offices.

According to the decision of the President of the Republic of Kazakhstan other bodies of prosecutor's office which are not provided by part one of this Item can be formed.

2. Activities of bodies of prosecutor's office are performed on the basis of subordination of subordinate prosecutors to higher prosecutors and the Attorney-General.

Subordination of prosecutors includes:

1) obligation of execution of instructions of higher prosecutors concerning the organization of work and activities for subordinate prosecutor's offices;

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

3) implementation by higher prosecutors in necessary cases of powers of subordinate prosecutors;

4) cancellation, response, suspension or change of acts of subordinate prosecutors by higher prosecutors;

5) permission higher prosecutors of claims to decisions, actions (failure to act), acts of subordinate prosecutors.

3. By the Attorney-General other forms of subordination of subordinate prosecutors according to the procedure, established by this Constitutional law can be established.

4. When implementing supervision bodies of prosecutor's office do not substitute function of other state bodies.

5. Education, reorganization and liquidation of departments, organizations, the organizations of formation of prosecutor's office, determination of their status and competence are performed in the procedure established by the legislation of the Republic of Kazakhstan.

6. For ensuring activities of bodies of prosecutor's office other organizations according to the legislation of the Republic of Kazakhstan can be formed.

7. Bodies of prosecutor's office have the symbols which description affirms the Attorney-General.

Article 6. Competence of bodies of prosecutor's office

Bodies of prosecutor's office within the assigned tasks perform:

1) according to the Constitution of the Republic of Kazakhstan, this Constitutional law and other laws of the Republic of Kazakhstan the highest supervision of legality:

activities of the state, local representative and executive bodies, local government bodies, organizations, their officials, other organizations irrespective of patterns of ownership, and also acts and decisions adopted by them;

productions on cases on administrative offenses;

pre-judicial investigation, criminal prosecution, operational search and counterintelligence activities;

enforcement proceeding;

the court resolutions which took legal effect;

execution of criminal penalties and application of other measures of the state coercion;

state legal statistics and special accounting;

observance of the international obligations of the Republic of Kazakhstan;

2) representation of interests of the state in court;

3) criminal prosecution;

3-1) activities for identification and return to the state of illegally acquired assets (further - return of assets);

4) international cooperation in the criminal and legal sphere, representation of interests of the state in competent authorities of foreign states and the international organizations for criminal prosecution, return of assets, in foreign and international courts (arbitration) on the questions which are within the competence of prosecutor's office including on presentation in foreign courts of the civil actions connected with return of assets, the conclusion of international treaties, coordination of drafts of international treaties in the criminal and legal sphere and the sphere of return of assets;

5) participation in rule-making activities;

6) other competence provided by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 7. Prosecutor General's Office

1. The Prosecutor General's Office is headed by the Attorney-General.

2. Prosecutor General's Office:

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