LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2017 No. 81-VI ZRK

About prosecutor's office

This Law determines the status, competence, the organization and procedure for activities of prosecutor's office of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Appointment of prosecutor's office

The prosecutor's office on behalf of the state performs in the limits and forms established by the law the highest supervision of respecting the rule of law in the territory of the Republic of Kazakhstan, represents the interests of the state in court and on behalf of the state performs criminal prosecution.

Article 2. Legal basis of activities of prosecutor's office

Competence, the organization and procedure for activities of prosecutor's office are determined by the Constitution and the law.

Article 3. Principles of the organization and activities of bodies of prosecutor's office

1. The prosecutor's office constitutes single centralized system with subordination of subordinate prosecutors higher and to the Attorney-General.

2. The prosecutor's office performs the powers on the principles of legality, independence of other state bodies, officials and accountability only to the President of the Republic of Kazakhstan.

3. Intervention in activities of bodies of prosecutor's office when implementing of the functions and powers by them is forbidden.

4. The prosecutor's office has no right to interfere with activities of subjects of entrepreneurship, the organizations and state bodies, to appoint checks of their activities, to request information or documents on the bases which are not provided by the law.

5. Bodies of prosecutor's office are effective publicly in that measure in what it does not contradict requirements of the legislation on protection of rights and freedoms of man and citizen, about protection of the state secrets and other secret protected by the law.

Article 4. Tasks of prosecutor's office

The prosecutor's office in the limits established by the law performs the following tasks:

1) protection and recovery of rights and freedoms of man and citizen, legitimate interests of legal entities, societies and states;

2) identification and elimination of violations of legality, the reasons and conditions promoting them and also their effects;

3) coordination of activities of law enforcement and other state bodies for law enforcement, law and order and fight against crime;

4) other tasks determined by the law and acts of the President of the Republic of Kazakhstan.

Chapter 2. Spheres of public prosecutor's supervision

Article 5. Main directions of public prosecutor's supervision

In the limits and procedure established by the law, the prosecutor's office exercises the highest supervision (further - supervision) behind legality:

1) activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership, and also acts and decisions adopted by them;

2) the court resolutions which took legal effect;

3) enforcement proceeding and production on cases on administrative offenses;

4) activities of law enforcement and special state bodies in spheres:

pre-judicial investigation, operational search and counterintelligence activities;

execution of criminal penalties and application of other measures of the state coercion;

observance of international treaties of the Republic of Kazakhstan;

5) state legal statistics and special accounting;

6) other directions determined by the law.

Article 6. Subject, forms and limits of supervision

1. The prosecutor's office exercises supervision of legality of acts, actions (failure to act) of the state, local representative and executive bodies, local government bodies and their officials, and in exceptional cases, at the request of the President of the Republic of Kazakhstan or the Attorney-General, - other organizations irrespective of pattern of ownership.

2. Supervision is exercised by conducting checks and the analysis of condition of legality, and also assessment of the acts which became effective.

3. Check of respecting the rule of law is appointed and carried out by the prosecutor within its competence based on orders:

1) President of the Republic of Kazakhstan;

2) Attorney-General of the Republic of Kazakhstan.

4. Decisions of deputy attorneys general, prosecutors of areas and the prosecutors equated to them, prosecutors of areas and prosecutors equated to them on appointment and conducting check of activities of the state, local representative and executive bodies, local government bodies and their officials are accepted for protection of the rights, freedoms and legitimate interests:

1) persons who owing to physical, mental and other circumstances cannot independently perform their protection;

2) unrestricted group of people;

3) persons, society and the state if it is necessary for prevention of irreversible effects for life, human health or safety of the Republic of Kazakhstan;

4) subjects of private entrepreneurship on the facts of intervention in their activities from the state, local representative and executive bodies, local government bodies and their officials.

5. Excluded

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