Chapter 2. System of authorities of The Prosecutor’s office of the Republic of Kazakhstan and their organization
Article 9. System of authorities of The Prosecutor’s office of the Republic of Kazakhstan Uniform system of authorities of the Prosecutor’s office of the Republic of Kazakhstan form the Prosecutor’s office of regions (Circuit prosecutor’s office), the State Prosecutor’s office, the Prosecutor ’s office (district prosecutor’s office) of cities of republican value and Republic capital, military, regional, city and equal to them military and other specialized prosecutor’s offices of the Republic of Kazakhstan.
Article 10. The Prosecutor General of Republic of Kazakhstan and his assistants (advisers) 1. The Prosecutor general (attorney) of Republic of Kazakhstan: 1) he is appointed to the post by the President of Republic with the consent of the Parliament Senate for a period of five years; 2) he is dismissed by the President of Republic; 3) he is accountable to the President of Republic; 4) during a term of appointment cannot be arrested, will subject to a drive, the measures of the official penalty imposed in a judicial order, he is involved in the criminal liability without the Senate consent, except detention cases on a scene of crime or fulfillment of grave crimes. 2. The first assistant and assistants to the Prosecutor General of Republic of Kazakhstan are appointed to the post and dismissed by the President of Republic on representation of the Prosecutor general of Republic of Kazakhstan. 3. Assistants to the Prosecutor general’s office of Republic of Kazakhstan of Republic can be appointed simultaneously by chiefs of corresponding departments of the State Prosecutor general’s office. There is footnote. Article 10. Point 3 - with the changes brought by Law RK from 02.07.1998 N 266.
Article 11. Powers of the Prosecutor general (attorney) of Republic of Kazakhstan: 1) carries out supervision of application of laws and decrees of the President and other standard legal acts in Republic territory, supervises over activity of subordinate of the Prosecutor General’s office 2) protests laws and other legal acts contradicting the Constitution and laws of Republic in authorities and officials, their accepted; 3) is a member of the Higher Judicial Council; 4) publishes obligatory for execution by all employees of authorities and establishments of the Prosecutor’s offices of the Republic of Kazakhstan orders, instructions, orders, positions and the instructions regulating questions of the organization and activity of the Prosecutor ’s offices of the Republic of Kazakhstan and an order of realization of measures material and social security; 4-1) accepts within the competence following standard legal acts: Concerning application of norms of the Criminally-remedial code and the legislation of Republic Kazakhstan on operatively-search activity, obligatory for execution by inquiry and consequence authorities, and also the authorities which are carrying out operatively-search activity; V095679 Concerning the legal statistics and special accounts, obligatory for all subjects of legal statistics; V053704, V085640 Other standard legal acts according to the present Law and other acts of Republic Kazakhstan; 4-2) the decision on the coordination under the standard legal acts published by authorities, carrying out operatively-search activity, inquiry and a consequence makes; 5) forms, will reorganize and abolishes the Prosecutor’s office of the Republic of Kazakhstan, establishments of authorities of the Prosecutor’s office, defines their structure, the rights and duties of structural divisions, regular number and payment fund in authorities of the Prosecutor’s office within the limit of regular number confirmed by the President of Republic of Kazakhstan; 6) represents to the President of Republic of a nominee for assignment of the higher class ranks and military ranks; 7) appoints to the post and dismisses public prosecutors of areas and the prosecutors equal to them, military prosecutors, their assistants, public prosecutors of areas, cities and the public prosecutors equal to them; 8) reports to the President of Republic about activity of authorities of the Prosecutor’s office; 9) when due hereunder appropriates class ranks and military ranks to employees of authorities of the Prosecutor General’s office 10) represents to rewarding by the state awards and assignment of honorary titles of Republic Kazakhstan of employees of authorities of the Prosecutor’s office; 10-1) appropriates a rank "the Honourable worker of the Prosecutor’s office ", confirms Position about an order of assignment of this rank; 11) defines an order of acquisition, storage, carrying and transportation by employees of authorities of the Prosecutor’s office of the weapon and an ammunition; 11-1) submits offers for consideration plenary session of the Supreme Court about a summer residence of explanations concerning judiciary practice; 12) carries out other powers given to him by laws of Republic of Kazakhstan. There is footnote. Article 11 with the changes brought by Laws RK from 10.10.2001 N 247 (it is installed from 01.01.2001); from 09.08.2002 N 346; from 20.12.2004 N 13 (it is installed from 01.01.2005).
Article 12. The State Prosecutor General’s office 1. State Prosecutor General’s office of the Republic of Kazakhstan is headed by the Prosecutor general of Republic of Kazakhstan. 2. The Prosecutor general of Republic of Kazakhstan has the first assistant and assistants (advisers). 3. The structure of the State Prosecutor General’s office and power of its employees are defined by the Prosecutor general (attorney general)) of Republic of Kazakhstan. 4. (Point 4 is excluded by Law RK from 09.08.2002 N 346) 5. The State Prosecutor General’s office: 1) provides coordination and a coordination of actions of authorities of the Prosecutor’s office of Republic in the basic directions of their activity; 2) analyzes practice of supervision of application of laws, a legality condition in Republic; 3) develops recommendations about perfection of the Prosecutor’s office supervision; 4) supervises work of authorities of the Prosecutor’s office of Republic on supervision of application of laws; 5) co-operates with other republican law enforcement authorities which are carrying out operatively-search activity, inquiry and a consequence, in legality and law and order assurance (supporting) and co-ordinates their activity; 6) will organize and spends improvement of professional skill of shots; 7) participates in norm creative activity; 8) Represents authorities of the Prosecutor’s office in sphere of the international cooperation. 6. State the Prosecutor General’s office of the Republic of Kazakhstan places an annual consolidating plan of carrying out of planned checks on an official site of the State the Prosecutor General’s office of Republic Kazakhstan till December, 25th of current calendar year.There is footnote. Article 12 with the changes brought by Laws RK from 02.07.1998 N 266; from 09.08.2002 N 346; from 17.07.2009 N 188-IV (the introduction order in action see item 2).
Article 13. the Prosecutor’s office of regions (Circuit prosecutor’s offices) the Prosecutor’s office of regions and the prosecutors (attorneys) equal to them: 1) supervise over activity of regional, city, regional and other the Prosecutor’s offices equal to them on assurance (supporting) of public prosecutor's supervision; 2) issue orders, orders, instructions, obligatory for all subordinated workers.
Article 14. The Prosecutor’s offices of areas (districts Prosecutor’s offices) 1. The Prosecutor’s offices of areas (districts Prosecutor’s offices and attorney’s offices equal to them are headed by the corresponding prosecutors appointed with the consent of the President of Republic by the Prosecutor general’s office of Republic of Kazakhstan of Republic for a period of five years. 2. Prosecutors of areas (districts) and the prosecutors equal to them have the first assistants and assistants (advisers), the senior assistants and assistants. Assistants to prosecutors of areas can be appointed by chiefs of corresponding directions of regional Prosecutor’s office. 3. In the Prosecutor’s office of areas and the Prosecutor’s office equal to them there are directions and departments. Chiefs of directions and departments accordingly are the senior assistants and assistants to prosecutors of areas. In directions and departments posts of the senior prosecutors and attorney are established. There is footnote. Article 14 with the changes brought by Law RK from 09.08.2002 N 346.
Article 15. City, regional and other Prosecutor’s office equal to them and attorney’s offices 1. City Prosecutor’s office, regional and equal to them are headed by the corresponding prosecutors appointed the Prosecutor general’s office of Republic of Kazakhstan for a period of five years. 2. The city prosecutors, regional and equal to them have assistants, the senior assistants and assistants(advisers). 3. In the city Prosecutor’s office, regional and equal to them departments can be created. There is footnote. Article 15. With the changes brought by Law RK from 09.08.2002 N 346.
Article 16. Subordination of subordinate prosecutors to the higher attorney 1. Subordination of public prosecutors includes: 1) compulsion of instruction of higher public prosecutors concerning the organization and activity for subordinate the Prosecutor’s office; 2) responsibility of subordinate public prosecutors before higher for performance of official duties; 3) realization by higher prosecutors (attorney) in necessary cases of powers subordinate; 4) cancellation, a response or change of acts of subordinate prosecutors by the higher attorney; 5) the permission higher attorneyof complaints to actions and acts of the subordinate. 2. Other forms of subordination of subordinate public prosecutors can be established by the Prosecutor general of Republic of Kazakhstan
Article 17. Boards in authorities of the Prosecutor’s office 1. Boards are formed in the State Prosecutor’s general office, the Prosecutor’s office of areas and the the Prosecutor’s office equal to them. 2. At board sessions questions of activity of authorities of the Prosecutor’s office, and also other questions connected with revealed infringements of laws, demanding, at the discretion of the Prosecutor general’s office of Republic of Kazakhstan, the Prosecutor’s office of area or the Prosecutor’s office equal to it, joint consideration with participation of the officials who have broken the law are considered. 3. Board decisions are accepted by the majority from the general number of its members. 4. Board decisions are realized by orders of corresponding prosecutors and are obligatory for employees of authorities of the Prosecutor’s office. On the revealed infringements of the law acts of prosecutor's supervision are accepted. 5. Regulations of work of board and the status of members of boards are defined by the Prosecutor general’s office of Republic of Kazakhstan.
