ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of May 23, 2012 No. 70

About approval of the Instruction about the organization of supervision of legality of the investigation and inquiry

For the purpose of the proper organization of public prosecutor's supervision of legality of the investigation and inquiry, being guided by the subitem 4) of article 11 of the Law of the Republic of Kazakhstan "About Prosecutor's office", I ORDER:

1. Approve the enclosed Instruction about the organization of supervision of legality of the investigation and inquiry.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of February 7, 2011 No. 16 "About the organization of supervision of legality in criminal procedure".

3. To impose control of execution of the order on the deputy attorney general of the Republic of Kazakhstan Isaev N. M.

4. Send the order to the Main military prosecutor, the Chief transport prosecutor, prosecutors of the cities of Astana, Almaty, areas, cities, areas and equated to them, to heads of organizations and departments of the Prosecutor General's Office of the Republic of Kazakhstan.

5. This order becomes effective from the date of its signing.

Approved by the order of the Attorney-General of the Republic of Kazakhstan of May 23, 2012 No. 70

The INSTRUCTION about the organization of supervision of legality of the investigation and inquiry

1. General provisions

1. This Instruction regulates the organization and implementation of supervision of legality of acts and activities of bodies of inquiry and the investigation, observance of the procedure for permission of statements and messages established by the legislation on the committed or preparing crimes and conducting investigation (daleenadzor) based on the Constitution of the Republic of Kazakhstan, the law of the Republic of Kazakhstan "About Prosecutor's office", criminal procedure and other legislation.

2. The main objective of supervision is law enforcement during pre-judicial production.

3. The priority directions of supervision during pre-judicial production are:

1) respect for constitutional rights and human freedoms in criminal procedure;

2) respecting the rule of law by consideration of addresses of participants of criminal procedure.

4. The organization of supervising activities is performed by zone in detail principle.

2. Differentiation of powers when implementing supervision

5. For the purpose of more accurate differentiation of functions of the Prosecutor General's Office of the Republic of Kazakhstan (further - GP RK), territorial and specialized prosecutor's offices, duplication exception in their activities, strengthenings of role of subordinate prosecutors to establish the following procedure of supervision:

1) the Department on supervision of legality of the investigation and inquiry of GP RK (daleedepartament) will organize work of subordinate prosecutors on supervision implementation in general on the republic and directly provides supervision of stage of initiation of legal proceedings (Chapter 23 of the Code of Criminal Procedure of RK) in central offices of criminal prosecution authorities.

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