LAW OF THE KYRGYZ REPUBLIC

of July 17, 2009 No. 224

About prosecutor's office of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 11, 2009

This Law determines the organization and procedure for activities of prosecutor's office of the Kyrgyz Republic.

Section I. General provisions

Article 1. Prosecutor's office of the Kyrgyz Republic

Prosecutor's office of the Kyrgyz Republic - the public authority exercising supervision of exact and uniform execution of the laws and other regulatory legal acts of the Kyrgyz Republic.

Article 2. Legal basis of activities of prosecutor's office of the Kyrgyz Republic

1. The legal basis of activities of bodies of prosecutor's office is constituted by the Constitution of the Kyrgyz Republic, this Law, other regulatory legal acts which came in the procedure established by the law into force the international agreements which participant is the Kyrgyz Republic, and also legal acts of the Attorney-General of the Kyrgyz Republic (further - the Attorney-General).

2. Accomplishment of the functions which are not provided by the laws of the Kyrgyz Republic cannot be assigned to prosecutor's office.

Article 3. Purposes and main activities of prosecutor's office of the Kyrgyz Republic

1. For the purpose of ensuring rule of law, unity and strengthening of legality, and also protected by the law of interests of society and state prosecutor's office of the Kyrgyz Republic performs:

1) supervision of exact and uniform execution of the laws by executive bodies, local government bodies, their officials;

2) supervision of compliance with laws by the bodies performing operational search activities, the investigation;

3) supervision of compliance with laws in case of execution of judgments on criminal cases, and also in case of application of the measures of forced nature connected with restriction of personal liberty of citizens;

4) representation of interests of the citizen or the state in court in the cases determined by the law;

5) maintenance of crown case in court;

6) criminal prosecution of officials of state bodies.

2. Prosecutors according to the procedural legislation of the Kyrgyz Republic are involved in hearing of cases by courts, bring representations on the decisions contradicting the law, sentences, determinations and resolutions of courts.

3. The prosecutor's office of the Kyrgyz Republic takes part in law-making activities.

4. The prosecutor's office of the Kyrgyz Republic issues special editions.

Article 4. Principles of the organization and activities of prosecutor's office

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

2. Subordination of prosecutors includes:

1) obligation of instructions of higher prosecutors concerning the organization and activities for subordinate prosecutors;

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

3) permission higher prosecutors of claims to actions and acts of subordinate;

4) cancellation, response or change of acts of subordinate prosecutors higher.

3. Bodies of prosecutor's office:

1) is performed by powers irrespective of public authorities, local government bodies, commercial and non-profit organizations and in strict accordance with the Constitution of the Kyrgyz Republic, regulatory legal acts and international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic;

2) take measures for suppression of violations of the law from whoever they proceeded, to recovery of the violated rights and attraction to the responsibility of persons which allowed these violations established by the law;

3) are effective publicly in that measure in what it does not contradict requirements of the laws on protection of rights and freedoms of man and citizen, and also the legislation on protection of the state secrets and other secret which is specially protected by the law;

4) is informed in accordance with the established procedure by public authorities, local self-government, and also the population on legality condition.

4. The acts of public prosecutor's reaction, the requirement of the prosecutor and investigator shown on the basis and according to the procedure, established by the law are obligatory for execution by all public authorities, local government bodies, organizations, their officials, and also citizens.

Article 5. Guarantees of independence of bodies of prosecutor's office

1. Intervention in activities of bodies of prosecutor's office is forbidden.

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 representations, instructions, cautions of prosecutors attracts the responsibility established by the law.

2. The prosecutor, the investigator of bodies of prosecutor's office shall not offer any explanations on the substance of being in its proceedings and materials, and also to represent them to somebody for acquaintance, differently as in the cases and procedure provided by the law. Nobody has the right to disclose materials of checks and cases without the permission of the prosecutor in whose production they are, before their completion.

Article 6. Consideration and permission in bodies of prosecutor's office of addresses

1. In bodies of prosecutor's office, according to their powers, the addresses containing data on violation of the laws and other regulatory legal acts are permitted. The decision made by the prosecutor can be appealed to the higher prosecutor and does not interfere with the request of person for protection of the rights in court.

2. The prosecutor's offices of the address arriving in bodies are considered according to the procedure and the terms established by the legislation. The answer to the address shall be motivated. If satisfaction of the address it is refused, the procedure for appeal of the made decision, and also the right of appeal to the court shall be explained to the applicant.

3. Transfer of the appeal to body or to the official is forbidden, decisions or actions of which are appealed.

4. Anonymous addresses in bodies of prosecutor's office are not considered.

Article 7. Appeal of actions of the prosecutor and acts of public prosecutor's reaction

1. Actions of the prosecutor and acts of public prosecutor's reaction can be appealed to the higher prosecutor or in court. Appeal of requirements and acts of public prosecutor's reaction does not stop their execution.

2. The court or the higher prosecutor can before decision according to the address at actions or acts of public prosecutor's reaction to suspend their execution.

3. The higher prosecutor according to the address of citizens and (or) legal entities or on the initiative can cancel or withdraw the act of public prosecutor's reaction of the subordinate prosecutor.

Article 8. Participation of prosecutors in meetings of public authorities and local government bodies

1. The Attorney-General, his deputies has the right to be present at meetings of Jogorku Kenesh of the Kyrgyz Republic, its committees and commissions, the Governments of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic and the Constitutional chamber of the Supreme Court of the Kyrgyz Republic.

2. The prosecutor of the region, the cities, the area equated to them prosecutors, their deputies and for their order other prosecutors has the right to be present at meetings of boards of local public administrations, meetings of local keneshes of the corresponding and subordinate levels.

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