Chapter 6. Supervision of operational-searching activity
Article 34. The assurance (supporting) and a supervision subject Supervision subject is observance of the rights and freedom of the person and the citizen during realization of operational-searching activity, carrying out of operational-searching actions, and also legality of acts and actions of authorities and officials, competent to carry out operational-searching activity.
Article 35. Powers of the public prosecutor on assurance (supporting) of legality of operational-searching activity Carrying out supervision of operational-searching activity, the prosecutor (attorney): 1) receives the affairs of operational-searching activity stopped and being in procedure, materials, documents and other necessary data on a course of operatively-search activity, except data on the person of the citizens co-operating or co-operating on a private basis with authorities, carrying out operatively-search activity; 2) checks legality of carrying out of special operational-searching actions by the authorities which are carrying out operational-searching activity; 3) considers complaints and statements on actions and decisions of officials of the authorities which are carrying out operational-searching activity; 4) protests contradicting Constitutions, to laws and acts of the President of Republic the standard legal acts regulating the organization and tactics of carrying out of operational-searching actions, published by the authorities which are carrying out operational-searching activity; 5) stops the decision of operational-searching actions in case of revealing of infringements of the law, human rights and the citizen at realization of operational-searching activity; 6) takes out concerning the employees who have admitted illegal actions at carrying out of operatively-search actions, the decision about excitation of criminal case, disciplinary procedure; 7) takes out other acts of prosecutor's supervision provided by the present Law, on the revealed facts of infringements at realization of supervision of legality of operational-searching activity; 8) releases illegally detained persons; 9) if necessary demands from heads of the authorities which are carrying out operational-searching activity, carrying out of checks in subordinates it authorities with a view of elimination of infringements of the law; 10) in the cases established by the legislation, approves carrying out of operational-searching actions. There is footnote. Article 35 with the changes brought by Law RÊ from 09.08.2002 N 346.
Article 36. The prosecutors (attorney) who are carrying out supervision of legality of operational-searching activity Supervision of legality of operational-searching activity is carried out by the Prosecutor general’s office of Republic of Kazakhstan and other prosecutors within the competence established by the legislation.
Chapter 7. Supervision of legality of a consequence and inquiry
Article 37. The assurance (supporting) and a supervision subject The prosecutor carries out supervision of legality of acts and activity of authorities of inquiry and a consequence, observance of the order of the permission of statements established by the legislation and messages on perfect crimes and investigation carrying out.
Article 38. Powers of the prosecutor (attorney) on assurance (supporting) of legality of inquiry and a consequence 1. Carrying out supervision of legality of inquiry and a consequence, the prosecutor (attorney): 1) receives for check from authorities of inquiry and a consequence criminal cases, documents, materials and other data on perfect crimes, a course of operatively-search activity, inquiry, a consequence; 2) checks legality observance at reception, registration, the permission of statements and messages on the perfect or preparing crimes; 3) supports or refuses in the petition of body of criminal prosecution for arrest and holding in custody authorization or house arrest accused, the suspect; 4) in necessary cases raises criminal cases, gives written instructions on procedure of investigation of crimes; 5) cancels illegal decisions of inspectors and the persons making inquiry; 6) if during inquiry and a consequence infringements of the rights of participants of process and other citizens have been admitted, Illegal methods of investigation, the attention to the question on responsibility of guilty persons brings; 7) in cases of incompleteness of a consequence and inquiry, and also an establishment of the admitted infringements of legality during the investigation and inquiries returns criminal case on additional investigation or stops it in full volume or concerning concrete persons; 8) directs to court the criminal case which has arrived from authorities of inquiry or a consequence for consideration in essence; 9) demands if necessary from heads of investigatory divisions and authorities of inquiry of carrying out of checks in subordinates it authorities with a view of elimination of infringements of the law, assurance (supporting) of full disclosing of crimes; 10) considers complaints to actions and decisions of the person making inquiry, the inspector, heads of authorities of inquiry and a consequence; 11) checks observance of the order established by the legislation and conditions of holding in custody of persons in which relation the preventive punishment selects arrest; 11-1) authorizes the announcement of the international search concerning the person committed a crime in territory of Republic of Kazakhstan and absconding; 12) carries out other powers established by the law. 2. Instructions of the prosecutor within its competence are given in writing and are obligatory for the person making inquiry and a consequence. There is footnote.. Article 38 with the changes brought by Laws RÊ from 09.08.2002 N 346; from 05.07.2008 N 65-IV (the introduction order in action see item 2).
Article 39. Arrest authorization There is footnote. Article 39 is excluded by Law RÊ from 05.07.2008 N 65-IV (the introduction order in action see item 2).
