ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of February 8, 2023 No. 56

About approval of Rules of appointment to positions and releases from positions of prosecutors and other workers, except for the positions appointed by the President of the Republic of Kazakhstan and (or) in coordination with it and also with Administration of the President of the Republic of Kazakhstan

According to subitems 15), 22) article 9 of the Constitutional law "About Prosecutor's Office" of PRIKAZYVAYU:

1. Approve the enclosed Rules of position assignment and release from positions of prosecutors and other workers, except for the positions appointed by the President of the Republic of Kazakhstan and (or) in coordination with it and also with Administration of the President of the Republic of Kazakhstan.

2. To provide to department of personnel development 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.

3. To impose control of execution of this order on Department of personnel development of the Prosecutor General's Office of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of February 8, 2023, No. 56

Rules of appointment to positions and releases from positions of prosecutors and other workers, except for the positions appointed by the President of the Republic of Kazakhstan and (or) in coordination with it and also with Administration of the President of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of appointment to positions and releases from positions of prosecutors and other workers, except for the positions appointed by the President of the Republic of Kazakhstan and (or) in coordination with it and also with Administration of the President of the Republic of Kazakhstan (further – Rules), are developed according to the Constitutional law of the Republic of Kazakhstan "About prosecutor's office".

2. These rules regulate procedure for position assignment and release from positions of prosecutors and other workers:

1) the Prosecutor General's Office of the Republic of Kazakhstan (further – the Prosecutor General's Office);

2) Academies of law enforcement agencies under the Prosecutor General's Office of the Republic of Kazakhstan (further – Academy);

3) Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further – Committee) and its territorial authorities;

4) Main military, Main transport prosecutor's offices, prosecutor's offices of areas and prosecutor's offices equated to them.

Chapter 2. The basic concepts used in Rules

3. In Rules the following concepts are used:

1) other workers are administrative government employees, the military personnel of ordinary and sergeant structures, civil servants;

2) the prosecutor – the citizen of the Republic of Kazakhstan who is in the service in system of bodies of prosecutor's office to whom the class rank or military rank of officers is appropriated.

Chapter 3. Procedure for appointment to positions and releases from positions of prosecutors and other workers

4. Occupation of vacant position of the prosecutor and dismissal is performed according to the legislation of the Republic of Kazakhstan in the sphere of military service and law-enforcement service.

5. Occupation of vacant position of the serviceman of ordinary and sergeant structures and dismissal is performed according to the legislation of the Republic of Kazakhstan in the sphere of military service.

6. Occupation of vacant position of the administrative government employee and dismissal is performed according to the legislation of the Republic of Kazakhstan in the sphere of public service.

7. To position of the prosecutor and other worker person having obstacles for service in the bodies of prosecutor's office provided by the laws of the Republic of Kazakhstan "About law-enforcement service", "About public service of the Republic of Kazakhstan", "About military service and the status of the military personnel cannot be accepted".

8. Appointment and release of prosecutors and other workers is made by the order:

1) in the Prosecutor General's Office – the head of body of prosecutor's office (except for administrative government employees who are appointed by the order of the official having such right according to ex-officio full powers, or other official to whom these powers are delegated);

2) in Academy, Committee and its territorial authorities, the Main military and Main transport Prosecutor's Office, prosecutor's offices of areas and prosecutor's offices equated to them – authorized heads (except for categories of the positions appointed by the order of the Attorney-General);

3) heads of department of material logistics under the Prosecutor General's Office, Economic board under the Prosecutor General's Office – the head of body of prosecutor's office.

9. For carrying out appointment procedure by the head of the structural unit in coordination with the supervising deputy manager of body of prosecutor's office or the authorized head representation with indication of business and personal qualities of the candidate, motives and reasons for feasibility of appointment is brought (except for persons employed on competitive basis and through initial professional training in the organization of formation of law enforcement agencies).

10. For dismissal, representation with indication of the specific reasons and motives of expected release is brought (except as specified releases from post according to the procedure of authority punishment or at own will).

11. The order of the Attorney-General are appointed:

1) vice rectors of Academy;

2) vice-chairmen of Committee;

3) first deputies and Deputy Chief military, the Main thing transport prosecutors, first deputies and deputy prosecutors of areas and the prosecutors equated to them;

4) the district and equated to them prosecutors, military and transport prosecutors.

12. In coordination with the Attorney-General the order of the authorized head are appointed:

1) chiefs of territorial authorities of Committee;

2) directors of Institutes of Academy.

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