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The document ceased to be valid since  June 8, 2018 according to Item 2 of the Order of the Attorney-General of the Republic of Kazakhstan of May 2, 2018 No. 60

ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of January 31, 2017 No. 7

About approval of the Instruction about realization of human rights functions of prosecutor's office in the social and economic sphere

According to subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan "About Prosecutor's office" I ORDER:

1. Approve the enclosed Instruction about realization of human rights functions of prosecutor's office in the social and economic sphere.

2. Declare invalid the 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" (it is registered in the Register of state registration of regulatory legal acts No. 9773, it is published in information system of law of Ad_let on October 10, 2014) and Item 2 of Appendix to the order of the Attorney-General of the Republic of Kazakhstan of November 15, 2016 No. 172 "About modification and amendments in some orders of the Attorney-General of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts No. 14554, it is published in information system of law of Ad_let on December 30, 2016).

3. To provide to department of legal protection of the Prosecutor General's Office of the Republic of Kazakhstan:

1) state registration and its official publication;

2) placement of this order on Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan.

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

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

Attorney-General of the Republic of Kazakhstan

Zh. Asanov

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of January 31, 2017 No. 7

The instruction about realization of human rights functions of prosecutor's office in the social and economic sphere

Chapter 1. General provisions

1. This Instruction about realization of human rights functions of prosecutor's office in the social and economic sphere (further – the Instruction) disaggregates implementation of public prosecutor's supervision in the social and economic sphere.

2. Objects of the highest supervision are:

1) supervision of legality in the social sphere;

2) supervision of legality in the field of economy.

3. Human rights functions of bodies of prosecutor's office:

1) carrying out the analysis of condition of legality (further – the analysis);

2) production of check of application of the legislation of the Republic of Kazakhstan;

3) measures for elimination of violations of legality.

Chapter 2. Mechanisms of realization of human rights functions

4. Checks of application of the legislation of the Republic of Kazakhstan are planned on the basis of the analysis.

Prosecutors keep the passport of the region containing socio-economic indexes. The passport of the region is updated time in half a year.

5. Planned and unplanned analyses are carried out by collection and studying of data and information on application of the legislation of the Republic of Kazakhstan.

Carrying out unplanned analyses is initiated according to the official report approved by the prosecutor of the region, his deputy, the cities, the area and equated to them or persons fulfilling their duties.

The official report contains:

1) date, surname, name, middle name (in case of its availability) and position of person submitting the official report;

2) subject of the analysis;

3) motivated bases;

4) analysis period;

5) term of carrying out analysis.

The analysis is carried out without visit by prosecutors of subjects (objects) by request and studying of statistical data, data of the state and international organizations, mass media, materials of civil, administrative and criminal cases, and also other sources of information.

The term of carrying out the analysis does not exceed thirty calendar days, and in necessary cases is prolonged for term no more than thirty calendar days.

Analysis results are drawn up in the form of the reference which contains:

1) date, bases and subject of carrying out analysis;

2) current status of legality (with reduction of statistics);

3) the objective conclusions about legality condition received in analysis result including the reasons and conditions of making of offenses;

4) depending on results of the offer on methods of permission and elimination of offenses, the available problems, shortcomings and gaps in the legislation of the Republic of Kazakhstan.

On analysis results checks are initiated, the measures provided by the Law of the Republic of Kazakhstan "About Prosecutor's office" are taken.

Checks following the results of the analysis are appointed with observance of Item 9 of this Instruction.

6. Production of checks is performed on the bases provided in Item 2 of article 5 of the Law of the Republic of Kazakhstan "About Prosecutor's office".

Resolutions on production of checks are competent to take out: The Attorney-General of the Republic of Kazakhstan, his deputies, chiefs of independent structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan, prosecutors of areas and prosecutors equated to them, their deputies, prosecutors of the cities, areas and prosecutors equated to them, and also persons them replacement.

Checks, except for carried out at the request of the President of the Republic of Kazakhstan or the higher prosecutor, and also according to statements and claims of physical persons and legal entities, are appointed after carrying out the analysis according to the procedure, stipulated in Item the 5th this Instruction.

7. About production of checks the Attorney-General of the Republic of Kazakhstan, his deputies, prosecutors of areas and equated to them, and also their deputies are competent to send to subordinate prosecutors orders.

The bases for making the order are execution of orders of the President of the Republic of Kazakhstan, the Attorney-General of the Republic of Kazakhstan and his deputies, implementation of the operational plan and planned actions of the Prosecutor General's Office of the Republic of Kazakhstan, prosecutor's offices of areas and equated to them, analysis results, consideration of the applications and appeals of physical persons and legal entities, publications in mass media.

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