ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of August 13, 2012 No. 93

About approval of the Instruction about the organization of public prosecutor's supervision of respecting the rule of law in case of execution of punishments, content of persons in special facilities and control for exempted from places of detention

For the purpose of enhancement of work on the organization of public prosecutor's supervision of respecting the rule of law in case of execution of punishments, content of persons in special facilities and control for exempted from places of detention, 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 public prosecutor's supervision of respecting the rule of law in case of execution of punishments, content of persons in special facilities and control for exempted from places of detention.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan No. 71 of October 12, 2010 "About approval of the Instruction about the organization of public prosecutor's supervision of observance of the rights of the persons, detainees taken into custody and serving criminal penalty" (registered in the Register of state registration of regulatory legal acts for No. 6636).

3. To the head of the department of supervision of observance of the rights of the persons, detainees taken into custody and serving criminal penalty to take measures to state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

4. To inform chiefs of structural divisions and the staff of the Prosecutor General's Office of this order, to send to prosecutors of areas and prosecutors equated to them.

5. To impose control of execution of the order on the supervising deputy attorney general of the Republic of Kazakhstan.

6. This order becomes effective from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

Approved by the order of the Attorney-General of the Republic of Kazakhstan of August 13, 2012 No. 93

The instruction about the organization of public prosecutor's supervision of respecting the rule of law in case of execution of punishments, content of persons in special facilities and control for exempted from places of detention

1. General provisions

1. This Instruction about the organization of public prosecutor's supervision of respecting the rule of law in case of execution of punishments, content of persons in special facilities and control for exempted from places of detention (further - the Instruction) is developed according to the Constitution, Criminal, Criminal procedure, Criminal and executive codes, the Code of Administrative Offences of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan "About Prosecutor's office", "About procedure and conditions of keeping of persons in the special facilities providing temporary isolation from society" and other regulatory legal acts of the Republic of Kazakhstan and disaggregates procedure of supervision of observance of the rights of persons placed in special facilities during the criminal procedure, proceeedings about administrative offense serving criminal penalty, exempted conditional ahead of schedule from serving sentence and also persons concerning which administrative supervision is established.

2. Deputy attorneys general, the head of the department of supervision of observance of the rights of the persons, detainees taken into custody and serving criminal penalty of the Prosecutor General's Office, prosecutors of areas and prosecutors equated to them specialized prosecutors, prosecutors of the cities and areas provide the highest supervision of exact and uniform application of the laws, Presidential decrees of the Republic of Kazakhstan and other legal acts in correctional facilities, pre-trial detention centers and bodies of Committee of criminal executive system, special receivers, temporary detention centers, divisions of public safety of the Ministry of Internal Affairs of the Republic of Kazakhstan and pre-trial detention centers of Committee of homeland security of the Republic of Kazakhstan, take measures for identification and elimination of any violations of legality.

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