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The document ceased to be valid since April 4, 2017 according to Item 2 of the Order of the Attorney-General of the Republic of Kazakhstan of January 31, 2017 No. 7

ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of September 2, 2014 No. 85

About approval of the Instruction on the organization of public prosecutor's supervision of application of the laws, observance of rights and freedoms of man and citizen in the social and economic sphere

(as amended of the Order of the Attorney-General of the Republic of Kazakhstan of 15.11.2016 No. 172)

For the purpose of ensuring proper supervision of observance of rights and freedoms of man and citizen, interests of legal entities and the state, 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 on the organization of public prosecutor's supervision of application of the laws, observance of rights and freedoms of man and citizen in the social and economic sphere.

2. To inform deputy attorneys general of the Republic of Kazakhstan of this order, heads of structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan, Academy of law enforcement agencies under the Prosecutor General's Office, Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan, the copy to send the Main thing to military and transport prosecutors, prosecutors of areas, of Astana, Almaty for execution.

3. This order becomes effective after ten calendar days after day of its first official publication.

4. To impose control of execution of this order on the supervising 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 September 2, 2014 No. 85

The instruction on the organization of public prosecutor's supervision of application of the laws, observance of rights and freedoms of man and citizen in the social and economic sphere

1. General provisions

1. This Instruction on the organization of public prosecutor's supervision of application of the laws, in the social and economic sphere (further - the Instruction) is developed by observance of rights and freedoms of man and citizen according to the Law of the Republic of Kazakhstan "About Prosecutor's office" of December 21, 1995 and other legal acts of the Republic of Kazakhstan and disaggregates implementation of public prosecutor's supervision of application of the laws, observance of rights and freedoms of man and citizen.

2. Priorities in the field of supervision of application of the laws, observance of rights and freedoms of man and citizen to consider ensuring supervision:

1) behind strict observance of constitutional rights and freedoms of man and citizen;

2) behind exact and uniform application of the legislation aimed at providing national security, fight against corruption;

3) behind compliance of legal acts of state bodies of the Constitution, to the laws and presidential decrees of the Republic;

4) behind application of the legislation on environmental protection and rational use of its resources;

5) behind application of the legislation directed to protection and support of entrepreneurship;

6) behind application of the legislation on minors.

Proceeding from features of the region, legality condition in the subsupervising territory prosecutors can annually establish the additional priority directions of supervising activities, except listed in subitems 1) - 6) this Item.

3. Uses human rights functions of prosecutor's office, including by presentation of claims in court, for elimination of the violations of legality having mass character, affecting the rights and freedoms of considerable number of the citizens or persons not capable to independently assert the rights and legitimate interests for health reasons or I will increase, and also interests of the state. In other cases explains the right of everyone to independent protection of the rights and freedoms judicially.

Not allow involvement of bodies of prosecutor's office in civil disputes of business entities, and also unreasonable presentation of claims for the benefit of citizens. To make claims for the benefit of legal entities only in coordination with the Attorney-General of the Republic of Kazakhstan (further - the Attorney-General) or his deputies.

Exclude the facts of the unreasonable direction of requirements to control facilities and supervision about production of checks in activities of subjects of private entrepreneurship.

4. Plan and make checks according to requirements of the legislation, on the basis of the careful analysis of condition of legality in the subsupervising territory, features of the region, estimates of risk management system, and also on tasks of the Prosecutor General's Office of the Republic of Kazakhstan (further - the Prosecutor General's Office).

In first-priority procedure to perform on priority activities of bodies of prosecutor's office.

For this purpose to prosecutors to have constantly updated, taking into account specifics of supervision, the passport of the person under surveillance of the region containing total characteristic of the region, including the main indicators of social and economic development, demographic provision, and also public, religious and political activity of the population.

For the analysis of situation in the region and identifications of the most problem scopes of the laws to have data on the criminal, civil and administrative cases considered by courts.

5. Perform strictly within competence and during monthly term. The prosecutor who appointed check with the consent of the higher prosecutor can extend its production. To start checks in the presence of the resolution on check production.

In activities of subjects of private entrepreneurship to perform in coordination with the prosecutor of the region, the city of Astana and Almaty and equated to them for elimination or identification of the violations of the law posing threat of causing essential harm to the rights and freedoms of man and citizen protected by the law to interests of the state if it is not possible to charge its carrying out to authorized monitoring bodies, and also according to orders of the Attorney-General of the Republic of Kazakhstan or his deputies.

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