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Chapter 1 General statements

About the Prosecutor’s office of the Republic of Kazakhstan The law of Republic of Kazakhstan from December, 21st, 1995 N 2709

Chapter 1 General statements

Article1. The Prosecutor’s office of the Republic of Kazakhstan
1. The Prosecutor’s office of the Republic of Kazakhstan - accountable to the President of Republic Kazakhstan the state body which is carrying out the higher supervision of exact and uniform application of laws, decrees of the President of Republic Kazakhstan and other standard legal acts in Republic territory, behind legality of operatively-search activity, inquiry and a consequence, administrative and executive procedure.
2. The Prosecutor’s office of the Republic of Kazakhstan takes measures on revealing and elimination of any infringements of legality, protests laws and other legal acts contradicting the Constitution and laws of Republic, represents interests of the state in court, and also in cases, an order and the limits established by the law, carries out criminal prosecution.

Article 2. Legal bases of activity of the Prosecutor’s office of the Republic of Kazakhstan
The organization, order of activity of the Prosecutor’s office of the Republic of Kazakhstan and power of general prosecutors are defined by the Constitution of Republic of Kazakhstan, the present Law, acts, the international contracts ratified by Republic Kazakhstan, and also orders of the Prosecutor’s office of Republic of Kazakhstan.
It is footnote. Article 2 with the changes brought by Law RK from 09.08.2002 N 346.

Article 3. Principles of the organization and activity of authorities of the Prosecutor’s office of the Republic of Kazakhstan
1. The Prosecutor General’s office of the Republic of Kazakhstan makes the uniform centralized system of authorities and establishments with submission of subordinate of higher prosecutors and to the Prosecutor General of Republic of Kazakhstan.
2. The Prosecutor’s office of the Republic of Kazakhstan carries out the activity irrespective of other state authorities and officials, political parties and other public associations.
3. Intervention in activity of authorities of the Prosecutor’s office of the Republic of Kazakhstan is forbidden at realization of the powers established by the legislation by them.
4. The acts of the prosecutor's supervision which has been taken out on the basis and in an order, established by the law are obligatory for all authorities, the organizations, officials and citizens.
5. Authorities of the Prosecutor’s office of the Republic of Kazakhstan operate publicly in that measure in what it does not contradict requirements of the legislation of Republic about protection of the rights and freedom of citizens, to protection of the state secrets.

Article 4. The basic directions and the betaking of activity of authorities of the Prosecutor’s office of the Republic of Kazakhstan
With a view of assurance (support) of leadership of the Constitution and laws, protection of the rights and freedom of the person and the citizen, carrying out the higher supervision of exact and uniform application of the Constitution, laws and decrees of the President of Republic Kazakhstan and other standard legal acts,
The Prosecutor’s office of the Republic of Kazakhstan on behalf of the state:
1) reveals and takes measures to elimination of infringements of the Constitution, statements and acts of the President of Republic;
2) carries out supervision of legality of operatively-search activity, inquiry and a consequence, administrative and executive procedure;
3) represents interests of the state in court;
4) protests laws and other legal acts contradicting the Constitution and laws of Republic;
5) in an order and in the limits established by the law, carries out criminal prosecution;
6) forms the state legal statistics for the purpose of supporting of integrity, objectivity and sufficiency of statistics, conducts special accounts, carries out supervision of application of laws in sphere of legal statistics and special accounts.
There is footnote. Article 4 - with the changes brought by Laws RK from 02.07.1998 N 266; from 09.08.2002 N 346.



Article 5. Activity of authorities of the Prosecutor’s office of the Republic of Kazakhstan on realization of the higher supervision
1. The higher supervision of exact and uniform application of laws, decrees of the President of Republic of Kazakhstan, other standard legal acts is carried out by carrying out of checks.
2. Check of application of the legislation is spent by the prosecutor within his competence after decision removal about check procedure in connection with:
1) the commission of the President of Republic of Kazakhstan;
2) statements, complaints, messages and other data for legislation infringements;
3) direct revealing of signs of infringement of the legislation;
4) the commission or inquiry of the higher prosecutor (attorney).
3. The prosecutor’s check can be charged also to corresponding competent body which is obliged to inform the prosecutor on his results in established by the law or the prosecutor term.
4. Check of application of the legislation is spent during monthly term. The prosecutor who has appointed check, with the consent of the higher prosecutor can prolong this procedure.
5. All actions of prosecutors and acts of prosecutor's supervision attract the consequences established by the law if they are made in an order and the forms established by the present Law and other standard legal acts.

Article 6. Legal guarantees of activity of authorities of the Prosecutor’s office of the Republic of Kazakhstan
1. Influence in any form on the prosecutor for the purpose of hindrance to realization of the powers by him or acceptances of an illegal decision by him, and also default of decisions, instructions, instructions, and requirements of prosecutors attracts the responsibility established by the law.
2. On request of the Prosecutor’s office corresponding authorities and proxy persons are obliged:
1) it is gratuitous and with observance established by acts of Republic of Kazakhstan of requirements to disclosure of the data making commercial, bank and other secret protected by the law to give necessary materials and data;
2) to allocate experts for participation in check and conclusion summer residences;
3) to take other necessary measures for assurance (supporting) of supervising activity of prosecutors and assurance (support) of their safety.
3. The commissions (instructions) of the prosecutor given by him within the competence are obligatory for inquiry and consequence authorities.
4. Required information is given in authorities of the Prosecutor’s office of the Republic of Kazakhstan in the forms established by the legislation, an order, and also in the terms defined by the prosecutor.
5. prosecutors within the competence have the right to an unobstructed input in premises of the state authorities, the organizations, irrespective of patterns of ownership, urgent reception by their heads and other officials concerning check, access to documents and materials, acquaintance with actions of proceeding and them require from court, except for cases when case materials are directly in judicial procedure.
6. Officials and citizens are obliged to be on request of the public prosecutor during time established by it for evidence. The call is made out by the written notice-summons and handed over on receipt. The notice can be directed also the telephone message, the telegrams or with use of other communication facility providing its appropriate transfer.
7. Default of legal requirements of the attorney or absence on request of the attorney without valid excuse attracts the responsibility provided by laws of Republic Kazakhstan. The prosecutor (attorney) has the right in case of default of instructions and decisions within the competence to turn them to compulsory execution.
8. The prosecutor (attorney) is not obliged to give any explanations on the substance of being in his proceedings and materials, and also to represent them to somebody for acquaintance differently as in cases and an order, provided by the law. Nobody has the right to disclose materials of checks and affairs without the permission of the prosecutor (attorney) in which procedure they are, before their end.
There is footnote. Article 6.- with the changes brought by Laws RK from 02.07.1998 N 266; from 29.03.2000 N 42; from 09.08.2002 N 346.

Article 7. Consideration of references
1. Authorities of the Prosecutor’s office of the Republic of Kazakhstan in the order established by the legislation, considering references about legislation infringements, take measures to elimination of infringements of the rights and legitimate interests of the person and the citizen, legal authorities and the states, to restoration of the broken rights.
2. If the person owing to physical, mental or other lacks not in a condition to carry out protection of the rights, the prosecutor (attorney) is obliged to take necessary measures on his assurance (supporting).
3. Authorities of the Prosecutor’s office in the order established by the law take measures for bringing to account of the officials who are not carrying out duties assigned to them on protection of the rights and freedom of the person and the citizen, interests of legal authorities and the state.
4. Anonymous references in authorities of the Prosecutor’s office of the Republic of Kazakhstan are not checked; however the prosecutor (attorney) has the right not to disclose an information source in interests of the citizen.

Article 8. The appeal of actions and acts of the prosecutor (attorney)
1. Actions and acts of the prosecutor (attorney) can be appealed against to the higher prosecutor (attorney) or in court. The appeal of requirements and acts of the prosecutor does not stop his execution.
2. The court or the higher prosecutor (attorney) can before decision removal under the statement (complaint) to actions or acts of the prosecutor (attorney) to suspend their execution.
3. The higher public prosecutor under the complaint of citizens and (or) legal authorities or under the initiative can cancel or withdraw acts of the subordinate prosecutor.
There is footnote. Article 8 with the changes brought by Law RK from 09.08.2002 N 346.


Date: 2016-04-22; view: 700


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