ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of January 17, 2023 No. 32

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

According to subitems 15), 22) and 23) of Article 9, Item 2 of article 17 of the Constitutional law of the Republic of Kazakhstan "About prosecutor's office" I ORDER:

1. Approve enclosed:

1) Rules of appointment and conducting checks of respecting the rule of law by bodies of prosecutor's office, the analysis of condition of legality, and also implementation of assessment of the acts which became effective according to appendix 1 to this order;

2) the Instruction on the organization of supervision of legality of activities of the state, local representative and executive bodies, local government bodies, organizations, their officials, other organizations, irrespective of pattern of ownership, and also acts and decisions adopted by them, according to appendix 2 to this order;

3) the Instruction on the organization of supervision of legality of the court resolutions which took legal effect, representations of interests of the state in court on civil, administrative cases and cases on administrative offenses, enforcement proceeding according to appendix 3 to this order.

2. Recognize invalid some orders of the Attorney-General of the Republic of Kazakhstan, according to appendix 4 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) 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, the Main thing to military and transport prosecutors, prosecutors of areas and prosecutors equated to them, military prosecutors of regions and garrisons, district transport prosecutors, the district and equated to them prosecutors.

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.

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of January 17, 2023 No. 32

Rules of appointment and conducting checks of respecting the rule of law by bodies of prosecutor's office, the analysis of condition of legality, and also implementation of assessment of the acts which became effective

Chapter 1. General provisions

1. These rules of appointment and conducting checks of respecting the rule of law by bodies of prosecutor's office, the analysis of condition of legality, and also implementation of assessment of the acts which became effective (further - Rules), are developed according to Articles 17, of 18, of 19, of 20, of 21 Constitutional law of the Republic of Kazakhstan "About prosecutor's office" (further - the Constitutional law) and determine procedure for their carrying out.

2. Check of respecting the rule of law (further - check), the analysis of condition of legality (further - the analysis) and assessment of the acts which became effective (further - assessment of acts) are forms of the highest supervision of bodies of prosecutor's office and are performed for the purpose of realization of the tasks provided in article 4 of the Constitutional law.

Chapter 2. Appointment and conducting checks

3. Check of respecting the rule of law in activities of the state, local representative and executive bodies, local government bodies, organizations, Armed Forces of the Republic of Kazakhstan, other troops and military forming, the organizations in the field of defense and military safety of the state, in the field of transport and transport infrastructure, their officials, other organizations irrespective of pattern of ownership is appointed and carried out by the prosecutor according to the procedure, determined by the Constitutional law, the laws of the Republic of Kazakhstan and these rules.

4. The bases for purpose of check are:

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

2) orders of the Attorney-General of the Republic of Kazakhstan (further - the Attorney-General);

3) decisions of deputy attorneys general, Chief military and transport prosecutors, prosecutors of areas and cities of republican value and the capital (further - prosecutors of areas and prosecutors equated to them), district, city, interdistrict, specialized prosecutors (further - the district and equated to them prosecutors), and also military prosecutors of regions and garrisons, regional transport prosecutors, stipulated in Item 7 Rules;

4) decisions of the Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office (further - Committee), chiefs of territorial authorities of Committee.

5. In this Rules are understood as heads of bodies of military and transport prosecutor's office, department of bodies of prosecutor's office and its territorial authorities respectively:

1) the Main military prosecutor, deputies of the Main military prosecutor, military prosecutors of regions and garrisons or persons fulfilling them duties;

2) the Chief transport prosecutor, Deputy Chief transport prosecutors, regional transport prosecutors or persons fulfilling them duties;

3) the Chairman of Committee, vice-chairmen of Committee, chiefs of territorial authorities of Committee or persons fulfilling them duties.

6. Checks according to orders of the President of the Republic of Kazakhstan and the Attorney-General are appointed and carried out by the prosecutor in any organizations irrespective of pattern of ownership.

7. Checks according to decisions of deputy attorneys general, Chief military and transport prosecutors, prosecutors of areas and the prosecutors equated to them, military prosecutors of regions and garrisons, regional transport prosecutors, the district and equated to them prosecutors are carried out for protection of the rights, freedoms and legitimate interests:

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

2) minors;

3) unrestricted group of people;

4) 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;

5) subjects of private entrepreneurship on the facts of intervention in their activities from the state, local representative and executive bodies, local government bodies, their officials.

Treat persons who owing to physiological features, mental variations and other circumstances cannot independently perform protection of the rights, freedoms and legitimate interests:

persons, with the limited opportunities caused by variation from normal functioning of organism;

the persons which are in difficult life situation, and also being in the special organizations, organizations including with specific mode of content, in the special centers of adaptation, rehabilitation, training and social resettlement;

persons, with mental, behavioural disturbances (diseases) to which the group of diseases according to the international classification of the diseases which are characterized by violation of mental activities is carried;

the faces recognized as the judgment which took legal effect incapacitated or it is limited by capable;

the other persons not capable to independently perform protection of the rights, freedoms and legitimate interests.

Minors are understood as persons which did not reach eighteen-year age (age of majority) including 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.

The unrestricted group of people is understood as individually uncertain group of people or plurality of participants of legal relationship in case of which it is impossible or to determine their quantitative structure difficult in advance.

Irreversible effects for life, human health or safety of the Republic of Kazakhstan are understood as adoption of the legal act or making of action (failure to act) if they did or can do harm to health, human life and the citizen, entailed or can entail threat of homeland security (public, military, political, economic, information, ecological).

8. Department of bodies of prosecutor's office and its territorial authorities perform within its competence established by the Constitutional law, the Law of the Republic of Kazakhstan "About the state legal statistics and special accounting" (further - the Law "About the State Legal Statistics") and other legal acts.

9. Checks in activities of subjects of private entrepreneurship are appointed only in the presence of orders of the President of the Republic of Kazakhstan, the Attorney-General or in coordination with them.

For conducting check in activities of the subject of private entrepreneurship in coordination with the Attorney-General Glavnye military and transport prosecutors, prosecutors of areas and the prosecutors or persons fulfilling them duties equated to them send the corresponding petition (service record) to the address of the Prosecutor General's Office.

The petition (service record) for approval of check of the subject of private entrepreneurship is signed:

deputy attorney general, head of independent structural division of the Prosecutor General's Office;

Main military and transport prosecutors, prosecutors of areas and the prosecutors or persons fulfilling their duties equated to them.

The bases for the direction of the petition (service record) for approval of check of the subject of private entrepreneurship are:

protection of the rights and legitimate interests of persons, societies and the states if it is necessary for prevention of irreversible effects or threat for life, human health, the environment or safety of the Republic of Kazakhstan;

the facts of violation of the rights and legitimate interests of the unrestricted group of people, minors, and also persons who owing to physiological features, mental variations and other circumstances cannot independently perform their protection;

need of conducting counter check within the main check of body of prosecutor's office or execution of the order (task) of the Prosecutor General's Office.

The petition is considered within seven working days from the date of its receipt, and in case of reclamation of the additional information - within fifteen working days.

10. The decree on conducting check is issued by the Attorney-General, the deputy attorney general, the head of the structural unit of the Prosecutor General's Office, department of bodies of prosecutor's office and its territorial authorities, bodies of military and transport prosecutor's office, the prosecutor of the region and the prosecutor equated to it, the deputy prosecutor of the region and the prosecutor equated to it, the prosecutor of the area and the prosecutor equated to it or persons fulfilling their duties.

In the resolution on conducting check it is specified:

1) number, date, the name of body of prosecutor's office, surname, name, middle name (in case of its availability) and position of the prosecutor, the check basis;

2) the name of the checked subject (object) or surname, name, middle name (in case of its availability) physical person concerning which check, its location, business and identification number (individual identification number) is appointed;

3) subject (subject) of check with indication of the checked period;

4) to whom check and the information about the specialists involved to it is charged;

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