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The document ceased to be valid since October 10, 2016 according to the Order of the Attorney-General of the Republic of Kazakhstan of October 10, 2016 No. 155

ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of October 9, 2012 No. 125

About approval of the Regulations on Department on supervision of legality of pre-judicial stage of criminal procedure of the Prosecutor General's Office of the Republic of Kazakhstan

Due to the approval of new structure and for the purpose of further enhancement of the organization of activities of Department for supervision of legality of pre-judicial stage of criminal procedure of the Prosecutor General's Office of the Republic of Kazakhstan, 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 Regulations on Department on supervision of legality of pre-judicial stage of criminal procedure of the Prosecutor General's Office of the Republic of Kazakhstan.

3. This order inform heads of structural divisions of central office of the Prosecutor General's Office, Committee on legal statistics and special accounting, to send to prosecutors of areas, cities of Astana, Almaty and equated to them, to Institute under the Prosecutor General's Office of S. Eskarayev.

 

Attorney-General of the Republic of Kazakhstan

A. Daulbayev

Approved by the order of the Attorney-General of the Republic of Kazakhstan of October 9, 2012 No. 125

Regulations on Department on supervision of legality of pre-judicial stage of criminal procedure of the Prosecutor General's Office of the Republic of Kazakhstan

1. General provisions

1. The department on supervision of legality of pre-judicial stage of criminal procedure (further - Department) is independent structural division of the Prosecutor General's Office of the Republic of Kazakhstan (further - the Prosecutor General's Office).

2. In the activities the Department is guided by the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About Prosecutor's office", the legal acts, international treaties ratified by the Republic of Kazakhstan, acts of the President, orders of the Attorney-General of the Republic, and also this Provision.

3. Work of Department will be organized by subject zone principle and carried out according to actions plans of the Prosecutor General's Office, orders of the Attorney-General, his deputies and plans of Department, if necessary, in interaction with other divisions and organizations of the Prosecutor General's Office, subordinate prosecutor's offices, and also in coordination with the interested ministries and departments.

4. Activities of Department are supervised by the deputy attorney general according to distribution of obligations between the leading officials of the Prosecutor General's Office (further - the supervising deputy attorney general).

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

6. Enter into structure of Department:

1) department head;

2) deputy chief of Department;

3) Management of the analysis and organization of supervision of respect for constitutional rights of the person in pre-judicial stage of criminal procedure;

4) Management on supervision of legality of pre-judicial stage of criminal procedure.

2. Main objectives, functions, rights and obligations of Department

7. The main objectives of Department are:

1) the organization and implementation of the highest supervision of exact and uniform application of the laws, presidential decrees of the Republic of Kazakhstan and other regulatory legal acts in the territory of the Republic regulating the sphere of pre-judicial stage of criminal procedure;

2) implementation at pre-judicial stage of criminal procedure of supervision of observance of rights and freedoms of man and citizen, legitimate interests of legal entities and the states;

3) coordination of activities of criminal prosecution authorities at pre-judicial stage of criminal procedure.

8. Department according to the tasks assigned to it:

1) within the podnadzornost determined by the industry instruction exercises supervision of legality of acts and activities of criminal prosecution authorities, observance of the procedure for permission of statements and messages on the committed crimes established by the legislation and conducting investigation;

2) performs on the republic the organization of supervision of legality of pre-judicial stage of criminal procedure on industry and zone in detail to the principle;

3) prepares references, reports, information for management of the Prosecutor General's Office, and also in republican bodies of authority and management;

Carries out 4) in the procedure established by the law in the central departments of law enforcement and special bodies and their territorial subdivisions of check of application of the current legislation, and also execution of orders and instructions of the Attorney-General of the Republic of Kazakhstan concerning pre-judicial production;

5) performs preparation of materials on meetings of board of the Prosecutor General's Office, Coordination Council of the Republic of Kazakhstan on law enforcement, law and order and fight against crime, and the operational meetings;

6) considers appeals of physical persons and legal entities on decisions and actions of officials of criminal prosecution authorities according to which there are corresponding answers of the Chief military, the Main thing transport prosecutors, and also prosecutors of the cities of Astana, Almaty, areas (further - subordinate prosecutors);

7) on materials and criminal cases is checked by justification and legality of decisions of criminal prosecution authorities, subordinate prosecutors, repeals their illegal and unreasonable resolutions;

8) takes out acts of public prosecutor's supervision according to the procedure established by the laws of the Republic of Kazakhstan, orders and instructions of the Attorney-General of the Republic of Kazakhstan;

9) also control of the organization of supervision of legality of pre-judicial stage of criminal procedure in subordinate prosecutor's offices performs management, checks execution of orders of the Attorney-General of the Republic of Kazakhstan, carries out work on distribution of positive work experience of prosecutors;

Studies 10) and generalizes practice of public prosecutor's supervision of legality of pre-judicial stage of criminal procedure, analyzes reports, statistical data, work plans, acts of public prosecutor's supervision, other documents and makes on them offers;

11) enhances the organization of work on subject zone principle, develops priority for supervision of legality of pre-judicial stage of criminal procedure of activity of bodies of prosecutor's office;

12) participates in work on enhancement of the legislation;

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