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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2012 No. 17

About approval of the Regulations on Department on supervision of legality of operational search activities of the Prosecutor General's Office of the Republic of Kazakhstan

Due to the organizational and regular changes of structure of the Prosecutor General's Office, being guided by article 11 of the Law of the Republic of Kazakhstan "About Prosecutor's office", I ORDER:

1. Approve the enclosed Regulations on Department on supervision of legality of operational search activities of the Prosecutor General's Office of the Republic of Kazakhstan.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of December 22, 2011 No. 140 "About approval of the Regulations on Department on supervision of legality of operational search activities of the Prosecutor General's Office of the Republic of Kazakhstan".

3. This order inform heads of structural divisions of the Prosecutor General's Office, Committee on legal statistics and special accounting, the Main Military Procuracy, prosecutor's offices of areas and equated to them, Institute under the Prosecutor General's Office by it S. Eskarayeva.

4. To impose control of execution of the order on the First Deputy Attorney-General of the Republic of Kazakhstan.

 

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

Approved by the order of the Attorney-General of the Republic of Kazakhstan of February 24, 2012 No. 17

Regulations on Department on supervision of legality of operational search activities of the Prosecutor General's Office of the Republic of Kazakhstan

1. GENERAL PROVISIONS

1. The department on supervision of legality of operational search activities (further - Department) is independent structural division of the Prosecutor General's Office of the Republic of Kazakhstan.

2. The department in the activities is guided by the Constitution of the Republic of Kazakhstan, the laws, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The structure, the number of staff of Department affirms the Attorney-General of the Republic of Kazakhstan according to the procedure, established by the legislation of the Republic of Kazakhstan.

4. Are part of Department:

1) Management on supervision of legality of operational search activities;

2) Organizational analysis department;

3) Department of supervision of legality of operational search activities for fight against extremism and terrorism.

2. MAIN OBJECTIVES, FUNCTIONS, RIGHTS AND OBLIGATIONS OF DEPARTMENT

5. Task: observance of rights and freedoms of man and citizen during implementation of operational search activities (further - HORDES), conducting investigation and search operations.

Functions:

implementation of the highest supervision of legality in activities of the bodies performing operational search activities (further - subjects of HORDES), behind exact and uniform application of regulations of the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About operational search activities" and other regulatory legal acts;

acceptance of timely measures on suppression of violations of the rights and legitimate interests of physical persons and legal entities and their recovery, and also compensation of the harm done to them;

consideration of claims and statements to actions and decisions of officials of subjects of HORDES.

6. Task: law enforcement of acts and actions of bodies and officials, competent to perform HORDES.

Functions:

implementation of supervision of legality of the HORDES of the regulatory legal acts regulating the organization and tactics of conducting investigation and search operations published by subjects and also behind legality of decisions and actions of their officials;

taking measures to protest contradicting the Constitution, the laws and acts of the President of the Republic of Kazakhstan of the regulatory legal acts regulating the organization and tactics of conducting the investigation and search operations published by subjects of HORDES;

coordination of activities of subjects of HORDES.

7. Task: search, development and introduction of suggestions for improvement of work in this industry of supervision.

Functions:

analysis of the reasons, conditions of violations and shortcomings of activities of subjects of HORDES, taking measures to their prevention and non-admission;

rendering practical and other help concerning the organization of work to territorial subdivisions of the Prosecutor General's Office of the Republic of Kazakhstan on supervision of legality of HORDES;

ensuring coordination and coordination of actions of territorial authorities of the Prosecutor General's Office when implementing supervision of legality of HORDES;

implementation within the powers of rule-making activities,

8. The department has the right:

To receive 1) dismissed cases and being in production of operational accounting, materials, documents and other necessary data on the course of HORDES, except the information about the identity of the citizens cooperating or cooperating on secret basis with subjects of HORDES;

2) to perform legality of implementation of investigation and search operations, including on communication network;

3) to stop investigation and search operations in case of identification of violations of the law, rights of man and citizen when implementing HORDES;

To exempt 4) illegally the detained persons;

To take out 5) concerning the employees who allowed illegal actions when conducting investigation and search operations, resolutions on initiation of legal proceedings, disciplinary production;

6) to take out other acts of public prosecutor's supervision provided by the current legislation;

7) if necessary to demand from heads of subjects of HORDES of conducting checks in the bodies subordinated to them for the purpose of elimination of violations of the law.

9. The staff of Department shall perform powers within the rights granted to them and according to job responsibilities, observe labor and performing discipline, keep the state secrets and other secret protected by the law, and also to observe other obligations determined by the legislation of the Republic of Kazakhstan, orders, instructions, instructions of the Attorney-General.

3. ORGANIZATION OF ACTIVITIES OF DEPARTMENT

10. The department has the powers necessary for realization of its main objectives and functions, according to legal acts of the President of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan.

11. The department is headed by the chief appointed to position and dismissed according to the procedure, established by the legislation of the Republic of Kazakhstan.

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