ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of March 11, 2015 No. 40

About approval of the Instruction about the organization of public prosecutor's supervision of legality of court resolutions for cases on administrative offenses

Due to the adoption of the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 and for the purpose of increase in efficiency of supervision of legality of court resolutions on cases on administrative offenses, 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 Instruction about the organization of public prosecutor's supervision of legality of court resolutions for cases on administrative offenses.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of August 12, 2010 No. 47 "About approval of the Instruction about the organization of public prosecutor's supervision of legality of court resolutions and representation of interests of the state in courts on cases on administrative offenses" (it is registered in the Register of state registration of regulatory legal acts for No. 6465).

3. To inform all staff and employees of bodies, departments and organizations of prosecutor's office of the Republic of Kazakhstan of this order.

4. To provide to department on representation of interests of the state in courts of the Prosecutor General's Office of the Republic of Kazakhstan state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and official publication.

5. And protection of information resources to provide to finance department, informatization placement of the order on the official site of the Prosecutor General's Office of the Republic of Kazakhstan.

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

7. 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 March 11, 2015 No. 40

The instruction about the organization of public prosecutor's supervision of legality of court resolutions for cases on administrative offenses

1. General provisions

1. This Instruction is developed according to the Constitution of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code), the Law of the Republic of Kazakhstan "About Prosecutor's office" (further - the Law) and other legal acts of the Republic of Kazakhstan and regulates the organization and implementation of supervision of legality of court resolutions for cases on administrative offenses (further - administrative cases) and representation of interests of the state in courts.

2. The highest supervision of exact and uniform application of the laws in administrative legal proceedings on behalf of the state is performed by the Attorney-General of the Republic of Kazakhstan (further - the Attorney-General) as it is direct, and through the prosecutors subordinated to it by participation and making the conclusion in legal proceedings, checks of legality of the court resolutions and their protest which did not take and entered legal effect in case of illegality.

3. Tasks of supervision of legality of court resolutions on administrative cases are ensuring protection of the constitutional and protected by the law other rights, freedoms and interests of physical persons, the states and legal entities, timely identification of illegal court resolutions and their protest, and also taking measures of public prosecutor's reaction to the facts of violations of legality elicited during judicial review for the purpose of elimination of the reasons and conditions promoting violation of the administrative legislation and making of administrative offenses.

4. Department on representation of interests of the state in courts of the Prosecutor General's Office of the Republic of Kazakhstan (further - Department), prosecutors of areas, cities of Astana and Almaty, the interdistrict, district, city and equated to them military and other specialized prosecutor's offices provide constant surveillance over legality of court resolutions on administrative cases, check observance of procedural terms by courts by consideration of administrative cases, systematically analyze legality condition in case of administration of law on administrative cases.

For the purpose of effective implementation of supervising functions and rapid response to legality violations prosecutors in the activities use the Information exchange system of law enforcement and special bodies, the Single unified statistical system and other information resources and systems of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan and other state bodies.

5. In Department, prosecutor's offices of areas and prosecutor's offices equated to them work will be organized by zone in detail principle for the purpose of forecasting of condition of legality, systems analysis of public prosecutor's practice on urgent categories of administrative cases with consideration of their results on working subject and cross-industry groups, the operational meetings and boards, with acceptance of specific measures for increase in efficiency of the exercised supervision.

Work on the subject principle is carried out by determination of urgent categories of administrative cases and fixing of responsible persons who carry out the systematic analysis of condition of legality, public prosecutor's supervision make suggestions for improvement of the current legislation, forms, methods of supervising activities for the purpose of development of offers on its enhancement.

In case of determination of the subject directions to proceed from condition of legality and features of the region, prevalence of consideration in court determined categories of administrative cases.

Specialization of prosecutors is considered in case of work planning of prosecutor's office, carrying out analyses and generalization, consideration of appeals of physical persons and legal entities.

The zone principle consists in fixing to the prosecutors exercising supervision of legality of court resolutions, certain regions for the purpose of monitoring and the analysis of condition of legality in this region.

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