1. The Prosecutor brings the protest on contradicting Constitutions, to laws and acts of the President of Republic standard and other legal acts, decisions and actions of the state authorities and officials. 2. The protest is brought in the body which has accepted it or a higher body. In the same order illegal decisions and actions of the official are protested. 3. The protest of the prosecutor is subject to consideration by corresponding body or the official in ten-day term. Body or the official is obliged to inform the prosecutor (attorney) on a bottom of consideration of the protest. Terms of consideration of the protest in court are defined by the legislation. 4. In the protest the attorney demands cancellation of the illegal act or reduction in conformity with the Constitution and laws, and also the terminations of illegal action of the official and restoration of the broken right. 5. The prosecutor (attorney) has the right to suspend execution of the protested act or action before decision-making under the protest. Protest of laws does not stop their action.
Article 20. The decision 1. The prosecutor depending on character of infringement of the law takes out the decision about excitation of criminal case, disciplinary procedure, procedure about an administrative offence. 2. The prosecutor (attorney) takes out the decision about procedure of check of application of the law, on procedure of dredging, examination, arrest imposing, about cancellation or removal of measures of forbidden-restrictive character, about stay of action of the illegal legal act about compulsory execution of requirements of the prosecutor, about delivering (drive), together with in other cases provided by the law. 3. The decision of the prosecutor (attorney) is subject to obligatory execution by the authorized body or the official in the term established by the law, and in the absence of that in time, established by the prosecutor. The results of execution of the decision are informed immediately to the prosecutor (attorney). Default of the decision of the prosecutor in target dates attracts the responsibility provided by laws of Republic of Kazakhstan. There is footnote. Article 20 with the changes brought by Law RK from 09.08.2002 N 346.
Article 21. The sanction 1. The prosecutor (attorney) gives the written sanction (consent) on: 1) (it is excluded - Law RÊ from 05.07.2008 N65-IV (the introduction order in action see item 2). 2) a search in the cases provided by the criminally-remedial legislation; 3) discharge accused from a post, a premise suspected or accused of medical institution for examination procedure; 4) carrying out of operatively-search actions and the investigatory actions mentioning protected Constitution and the law secret of correspondence, telephone conversations, cable messages and items of mail, and also the right to inviolability of dwelling; 5) detention of foreigners for exclusion administratively; 5-1) private listening and record of conversations with use of video - audio equipment or other special means, and also listening and record of the negotiations conducted from phones and other intercoms; 5-2) access of the state authorities and their officials (except for officials of National Bank of Republic of Kazakhstan and the authorized body on regulation and supervision of the financial market and the financial organizations) to the documents containing bank secret; 5-3) arrest on money and other property physical and the legal authorities, being in banks; 5-4) the announcement of the international search concerning the person committed a crime in territory of Republic of Kazakhstan and absconding; 6) in other cases directly provided by the law. 2. The sanction on fulfillment of the specified actions or refusal in its summer residence are made out by the public prosecutor in the form of the resolution on the decision of the official or in other written form after studying of materials on which basis the sanction is asked, within twenty four hours. 3. The prosecutor (attorney) agrees to action of departmental standard legal acts concerning operational-searching and other activity which can entail restriction of the rights of freedom of the person and the citizen. There is footnote. Article 21 with the changes brought by Laws RÊ from 09.08.2002 N 346; from 10.07.2003 N 483 (it is installed from 01.01.2004); from 10.12.2008 N 101-IV (it is installed from 01.01.2009).
Article 22. Instructions 1. The prosecutor (attorney) instructs: 1) to inquiry and consequence authorities in connection with excitation and investigation of criminal cases; 2) to the authorities which are carrying out operational-searching activity; 3) in other cases established by the legislation. 2. The instructions of the Prosecutor general’s office of Republic of Kazakhstan of standard character concerning operational-searching activity, a consequence and inquiry are obligatory for execution by all investigation agencies authorities and inquiry, the authorities which are carrying out operational-searching activity.
Article 23. The statement 1. The prosecutor according to the legislation has the right to address with the statement of claim in court for restoration of the broken rights and protection of interests of the state, physical and legal authorities. 2. In cases of a deviation of acts of prosecutor's supervision or non - examining them in the term established by the law, the public prosecutor has the right to address in court with the statement for a recognition void actions and acts of authorities and officials, and also about elimination of infringements of laws. The prosecutor (attorney) has the right to suspend the decision the protested act before consideration of the statement by court. 3. The petition in connection with a deviation or dereliction without consideration of acts of prosecutor's supervision is considered by court in an order established by the law. 4. The statement of the public prosecutor is not assessed with a State Tax and other gathering. There is footnote. Article 23 with the changes brought by Law RK from 09.08.2002 N 346.
Article 24. The instruction 1. The written instruction about elimination of infringement of the law is brought by the prosecutor and goes to body or the official who has admitted infringement of the law, either body or the official, competent to eliminate the admitted infringement. The instruction is brought in case law infringement has obvious character, can do essential harm to the rights and freedom of the person and the citizen, and also the protected law to interests of legal authorities, societies and the states and will not be immediately eliminated. The instruction cannot be taken out on standard legal acts. 2. In the instruction instructions on norms of the Constitution, laws and acts of the President of Republic which are broken, character of an offence and specific proposals about measures on infringement elimination should contain. 3. The instruction is subject to obligatory execution in time, established by the public prosecutor. On instruction execution it is immediately informed the prosecutor. Default of the instruction of the prosecutor (attorney) attracts the responsibility provided by laws of Republic of Kazakhstan. 4. The instruction can be appealed against to the higher prosecutor or in court. The appeal of the instruction does not stop its execution. 5. The higher prosecutor or court can suspend execution of the instruction before decision-making under the complaint. There is footnote.. Article 24 with the changes brought by Law RÊ from 09.08.2002 N 346.
Article 25. Representation 1. The prosecutor within the competence brings representation: 1) about elimination of infringements of legality; 2) about elimination of the reasons and the conditions promoting fulfillment of crimes and other offences; 3) concerning deprivation of inviolability of the persons possessing this right according to the Constitution of Republic of Kazakhstan; 4) in other cases established by the law. 2. Representation is subject to consideration by the official or body in a month with obligatory acceptance of measures on elimination of infringements of legality, and also the reasons and the conditions promoting them. The prosecutor has the right to participate by representation consideration. On results of consideration of representation and the accepted measures are informed into the Prosecutor’s office. There is footnote. Article 25 with the changes brought by Law RÊ from 09.08.2002 N 346.
Article 26. A law explanation 1. In the presence of the sufficient bases to believe, that ignorance or wrong understanding of laws can entail its inadequate application by body or the official, or the citizen, the prosecutor explains the law assurance (supporting), and in necessary cases - the provided liability of infringement of the law. 2. In cases of discrepancy to the law of the project of the legal act the prosecutor explains the requirement of the law to body or the official accepting the act. Article 26-1. Measures of compulsory execution of legal acts of the prosecutor (attorney) 1. In case of default in a voluntary order of decisions and instructions of the prosecutor, he has the right to take out the decision about compulsory execution of requirements of the prosecutor, except for providing compulsory deprivation of property, and to direct it for execution to the authorized state authorities. 2. The authorized state authorities are obliged on receipt of the corresponding decision of the prosecutor immediately to take measures to its execution. 3. In default officials, citizens from an appearance for evidence in authorities of the Prosecutor’s office, the prosecutor has the right to take out the decision about delivering of such person in authorities of the Prosecutor’s office which is executed by law-enforcement authorities within twenty four hours. There is footnote. It is added by article 26-1 - Law RÊ from 09.08.2002 N 346.
Article 27. Publication of acts of prosecutor's supervision For assurance (supporting) of publicity of the activity authorities of the Prosecutor’s office can publish in mass media acts of prosecutor's supervision on illegal actions and decisions of authorities and the officials, breaking constitutional and other human rights protected by the law and the citizen, interests of legal authorities and the state. There is footnote. Article 27 with the changes brought by Law RÊ from 09.08.2002 N 346.
Chapter 4. Supervision of observance of the rights and freedom of the person And the citizen, interests of legal authorities and the state
Article 28. Supervision problems 1. Supervision problems are: 1) assurance (supporting) of the rights and freedom of the person and the citizen, conformity to the legislation of legal acts and actions of authorities, the organizations, officials and citizens; 2) acceptance of measures to revealing and elimination of any infringements of legality, the reasons and the conditions promoting such infringements, restoration of the broken rights. 2. the Prosecutor’s office does not substitute other state authorities and does not interfere with activity of the organizations and a private life of citizens.
Article 29. Powers of the prosecutor (attorney) 1. At realization of supervision the public prosecutor has the right: 1) to cause citizens and officials and to receive from them indications concerning spent check; 2) free on a case card presentation to enter on territory and into premises of the state authorities, and also the organizations of all patterns of ownership; 2-1) to receive in data banks on operations and accounts physical and legal authorities concerning spent check with observance of requirements to nondisclosure of the data making commercial, bank and other secret protected by the law; 2-2) with a view of revealing of the latent crimes to demand from competent authorities of realization of operatively-search actions with the notice on their results; 3) to receive from heads and other officials necessary documents, materials, statistical given and other data on a condition of legality and accepted measures on its assurance (supporting); 4) to involve experts for participation in check and a summer residence of the conclusions; 5) to demand procedure according to the competence of checks of the materials which have arrived in the Prosecutor’s office, references and to oblige to inform on their results; 6) to involve in realization of checks of employees of other law enforcement authorities for assurance (supporting) of safety and supervising activity; 6-1) to appoint examinations; 7) to carry out other verifying actions provided by laws of Republic of Kazakhstan. 2. By results of check the prosecutor: 1) brings the protest; 2) gives instructions about elimination of infringements of legality; 3) takes out decisions about excitation of criminal case, disciplinary procedure or procedure about an administrative offence, about compulsory execution of requirements of the public prosecutor, about delivering, takes measures to material damage compensation; 4) in case of infringement of the rights and legitimate interests of the person and the citizen, legal authorities and the state suspends the illegal act, except for laws; 5) cancels or removes the measures of forbidden - restrictive character imposed by the state authorities and their officials; 6) addresses in court for protection of the rights and interests of the state protected by the law, physical and legal authorities; 7) brings to body or the official representation about elimination of infringements of legality.
Chapter 5. Representation of interests of the state in court
Article 30. The competence of the public prosecutor of proceeding 1. Representing interests of the state in court during criminal, civil or other legal proceedings, in appeal and supervising usages, the prosecutor carries out the powers according to the present Law, and also criminally-remedial, civil remedial and other legislation of Republic. 2. In case of the disagreement with the decision, a sentence and other decision of court (judge) on case on motive of its discrepancy to the law or groundlessness the prosecutor has the right to submit with a view of case and cancellation revision or change of the legal act the protest to higher court. There is footnote. Article 30 with the changes brought by Law RÊ from 09.08.2002 N 346.
Article 31. Protest of decisions of the court which have not entered validity The prosecutor (attorney) has the right irrespective of his participation in case proceeding to protest in higher court mismatching the law or unreasonable decisions, a sentence and other decision the vessels (judge) who has not entered validity.
Article 32. Protest of decisions of the court which have entered validity 1. The prosecutor within the competence has the right to obtain on demand from case court on which decisions, sentences and other decisions of court have entered validity. 2. In case of discrepancy to the law or groundlessness of the decision, a sentence and other decision of the court, entered validity, the prosecutor brings the protest as supervision. If protest falls outside the limits his competence, the corresponding public prosecutor addresses with representation about protest bringing to the higher prosecutor (attorney). 3. Powers of the prosecutor on protest and stay of execution of decisions, sentences and other decisions of the court which have entered validity, are defined by the legislation.
Article 33. Protest of the standard decision of the Supreme Court of Republic The Prosecutor general’s office of Republic of Kazakhstan on the bases of discrepancy of the Constitution and laws of the standard decision of the Supreme Court of Republic brings the protest on plenary session of the Supreme Court of Republic. There is footnote. Article 33 with the changes brought by Law RÊ from 09.08.2002 N 346.
