CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of July 13, 2017 No. 124

About the separate powers of prosecutor's office established by the Constitution of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 14, 2017

This constitutional Law of the Kyrgyz Republic regulates the separate powers of prosecutor's office of the Kyrgyz Republic established by the Constitution of the Kyrgyz Republic, the list of state bodies, local government bodies and their officials concerning whom these powers extend is determined.

Article 1. Supervision of exact and uniform execution of the laws by executive bodies, other state bodies, local government bodies and their officials

1. Subject of supervision is observance of the Constitution of the Kyrgyz Republic, exact and uniform execution of the laws by public authorities, local self-government and their officials.

2. The prosecutor, in case of identification of violations of the law in actions or failure to act of employees of executive bodies, other state bodies, local government bodies, and also their official lindens, applies the acts of public prosecutor's reaction, including the resolution on initiation of legal proceedings provided in the Law of the Kyrgyz Republic "About prosecutor's office of the Kyrgyz Republic".

3. The prosecutor, in case of identification of crime when implementing supervision of execution of the laws, brings criminal case hung dependences on competence with transfer of investigation to its authorized body.

Article 2. Supervision of the bodies performing operational search activities, the investigation

1. Subject of supervision are exact and uniform execution of the laws in the field of observance of the rights, freedoms of man and citizen in pre-judicial stage of criminal procedure, observance of the procedure for permission of statements and messages established by the law on the committed or preparing crimes, investigations of crimes and implementation of operational search activities.

2 The prosecutor, in case of identification of crime when implementing supervision of the investigation and operational search activities, including in the presence on it decisions on refusal in initiation of legal proceedings, brings criminal case regardless of competence with transfer of investigation to its authorized body.

3. The Attorney-General of the Kyrgyz Republic, prosecutors of the Prosecutor General's Office of the Kyrgyz Republic authorized by him, and also prosecutors not below the status of prosecutors of areas exercise supervision of compliance with laws by the bodies performing operational search activities.

Article 3. The list of state bodies, local government bodies and their officials to whom requirements of Items 1 of article 104 of the Constitution of the Kyrgyz Republic extend

1 The powers of prosecutor's office provided by Items 1 and 6 of article 104 of the Constitution of the Kyrgyz Republic extend on:

1) executive bodies and local self-government;

2) Prosecutor General's Office of the Kyrgyz Republic and its structural (territorial) divisions;

3) National Bank of the Kyrgyz Republic and its structural (territorial) divisions;

4) the Central commission on elections and holding referenda of the Kyrgyz Republic and its structural (territorial) divisions, except for activities of the electoral commissions concerning preparation and elections and referenda;

5) Audit Chamber of the Kyrgyz Republic and its structural (territorial) divisions;

6) Apparat Akyykatchy (Ombudsman) of the Kyrgyz Republic of N its structural (territorial) divisions, except for activities of Akyykatchy (Ombudsman) for control of observance of constitutional rights and freedoms of man and citizen;

7) Social fund of the Kyrgyz Republic and its structural (territorial) divisions;

8) Public personnel service of the Kyrgyz Republic and its structural (territorial) divisions;

9) National Statistical Committee of the Kyrgyz Republic and its structural (territorial) divisions,

10) the National commission on state language in case of the President of the Kyrgyz Republic and its structural (territorial) divisions;

11) State commission for religions of the Kyrgyz Republic and its structural (territorial) divisions;

12) National center of the Kyrgyz Republic for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment and its structural (territorial) divisions;

13) Judicial department under the Supreme Court of the Kyrgyz Republic and its structural (territorial) divisions;

14) Armed Forces, other military forming and state bodies of the Kyrgyz Republic in which the law provides military service;

15) officials of the public authorities and local self-government specified in this Article.

2. The decision on initiation of legal proceedings is made by the Attorney-General of the Kyrgyz Republic in the relation:

1) the President of the Kyrgyz Republic released from position by Jogorku Kenesh of the Kyrgyz Republic according to the procedure, determined by the Constitution of the Kyrgyz Republic:

2) deputy of Jogorku Kenesh of the Kyrgyz Republic.

3) Prime Minister of the Kyrgyz Republic;

4) member of the government of the Kyrgyz Republic;

5) judges;

6) chief of the General Staff of Armed Forces of the Kyrgyz Republic;

7) heads of offices of the President of the Kyrgyz Republic of Jogorku Kenesh of the Kyrgyz Republic and Government of the Kyrgyz Republic:

8) secretary of the Security Council of the Kyrgyz Republic;

9) chairman of Audit Chamber of the Kyrgyz Republic;

10) chairman of the Central commission on elections and holding referenda of the Kyrgyz Republic;

11) Akyykatchy (Ombudsman) of the Kyrgyz Republic and his deputy.

The decision on initiation of legal proceedings is made by one of deputy attorneys general of the Kyrgyz Republic with the consent of Jogorku Kenesh of the Kyrgyz Republic on representation of the President of the Kyrgyz Republic on the Attorney-General of the Kyrgyz Republic.

3. The decision on initiation of legal proceedings in connection with its professional activity is made on the lawyer by the Attorney-General of the Kyrgyz Republic or his deputy.

4. The decision on initiation of legal proceedings on the crime committed by the official, and also person having the status of the serviceman including their criminal prosecution is accepted by the prosecutor.

Article 4. Entry into force of this constitutional Law

This constitutional Law becomes effective from the date of official publication.

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