Article 48. prosecutors, employees of authorities of the Prosecutor’s office.
The requirements shown to persons, arriving on service in authorities of attorney’s offices 1. The prosecutor - the official who is carrying out within the competence supervision of exact and uniform application of laws, decrees of the President of Republic of Kazakhstan, other standard legal acts, behind legality operational-searching activity, inquiry, a consequence, Administrative and executive procedure, representation of interests of the state in court, And also criminal prosecution in cases, an order and the limits established by the law. Prosecutors are: the Prosecutor general of Republic of Kazakhstan, his first assistant and assistants (advisers), the senior assistants and assistants, assistants under special commissions, chiefs of departments, directions and departments of authorities of the Prosecutor’s office and their assistants, all subordinate prosecutors, their assistants, the senior assistants and assistants, prosecutors on supervision branch, the senior prosecutors and prosecutors of directions and departments of authorities of the Prosecutor’s office, and also the military men authorized and special prosecutors. 2. Employees of authorities of the Prosecutor’s office are the persons acted on a post of public prosecutors and certified workers of the scientific organizations and the organizations of formation of the Prosecutor’s office, directly leading research or teaching work. 3. Specialised Offices of Public Prosecutor are understood as military men, nature protection, transport, and also Offices of Public Prosecutor of special objects. 4. Receipt on service in authorities of the Prosecutor’s office is carried out under condition of preliminary inquiry in the republican centre of data about shots of civil servants and passage by citizens of obligatory special check. 5. Cannot be accepted on service in authorities of the Prosecutor’s office of the person, earlier culprit and released from the criminal liability on the bases, and also dismissed on negative motives from public service, from authorities of the Prosecutor’s office, other law enforcement authorities, courts and judicial authorities. 6. On a post of employees of authorities of the Prosecutor’s office citizens of Republic of Kazakhstan, on a state of health suitable for service in authorities the Prosecutor’s office having, as a rule, higher education can be accepted. At their appointment to the post the trial period can be established. 7. Prosecutors can be appointed the citizens having the higher juridical education, possessing necessary case and moral qualities, on a state of health suitable for service in authorities of the Prosecutor’s office. Military prosecutors, besides, should be military men on whom the legislation of Republic of Kazakhstan on military service and the status of military men of Armed forces of Republic of Kazakhstan in full extend. 8. Persons are appointed to posts of prosecutors (attorney) of areas and the equal prosecutors, the prosecutors regional, city and equal to them not more young than 25 years, works having the experience in authorities of the Prosecutor’s office not less than three years. 9. Employees of authorities of the Prosecutor’s office are subject to certification once in three years. The certification order is defined by the Prosecutor general of Republic of Kazakhstan. 10. The person for the first time appointed to the post in authorities of the Prosecutor’s office, takes the oath, which text affirms the President of Republic. 11. The service order in authorities of the Prosecutor’s office is regulated by Position about service in authorities of the Prosecutor’s office of the Republic Kazakhstan, the confirmed President of Republic of Kazakhstan. There is footnote. Article 48 with the changes brought by Laws RÊ from 02.07.1998 N 266; from 09.08.2002 N 346; from 22.05.2007 N 255 (it is installed from the date of its official publication); from 27.07.2007 N 320 (the introduction order in action see item 2).
Article 49. Class ranks, military ranks and uniform of employees of authorities of the Prosecutor’s office 1. To employees of authorities of the Prosecutor’s office according to a post, qualification and the experience of special service class ranks or military ranks are appropriated: The state adviser of justice of the higher class; The state adviser of justice of 1 class, the colonel general of justice; The state adviser of justice 2 classes, the lieutenant general of justice; The state adviser of justice 3 classes, the major general of justice; The senior adviser of justice, the colonel of justice; The adviser of justice, the lieutenant colonel of justice; The younger adviser of justice, the major of justice; The lawyer of 1 class, the captain of justice; The lawyer 2 classes, the senior lieutenant of justice; The lawyer 3 classes, the lieutenant of justice; The younger lawyer. 2. Class ranks of the state adviser of justice of the higher class, the state advisers of justice 1, 2 and 3 classes, and military ranks of generals of justice are appropriated by the President of Republic of Kazakhstan. 3. Employees of authorities of the Prosecutor’s office by whom class ranks or military ranks are appropriated, are free of charge provided with uniform. 4. Samples of the form and distinction signs, an order of carrying of uniform and norm of assurance (supporting), and also an order of assignment and deprivation of class ranks or military ranks are defined by Position about service in authorities of the Prosecutor’s office, the confirmed President of Republic of Kazakhstan. 5. To the persons having class ranks or military ranks, according to the Republic of Kazakhstan legislation surcharge for class ranks or salaries on military ranks is established. There is footnote. Article 49 with the changes brought by Law RÊ from 02.07.1998 N 266. New edition is entered by Law RÊ from 09.08.2002 N 346. Article with the changes brought by Law RÊ from 22.05.2007 N 255 (it is installed from the date of its official publication).
Article 50. The Legal protection of employees of authorities of the Prosecutor’s office 1. Employees of authorities of the Prosecutor’s office are representatives of the government and are under state protection. 2. Default of legal requirements of the prosecutor (attorney), the insult, threat, violence or an encroachment for a life, health, property of the prosecutor or members of his family in connection with its office activity, other actions interfering performance by the prosecutor of official duties, attract the responsibility established by the law. 3. Any check of the message on the fact of the administrative offence made by the prosecutor, is carried out with participation of representatives of authorities of the Prosecutor’s office. 4. On duty administrative detention, personal inspection of the prosecutor, examination of its things and transport used by him, except for cases when he is provided by the legislation is not supposed.
Article 51. Application of fire-arms and use of special means 1. Employees of authorities of the Prosecutor’s office have the right: 1) on acquisition, carrying and storage of fire-arms and an ammunition; 2) to apply fire-arms in cases of necessary defense and emergency in an order established by the Prosecutor general’s office of Republic of Kazakhstan. 2. In all cases of application of the weapon the employee of authorities of the Prosecutor’s office is obliged to take necessary measures for assurance (supporting) of safety of surrounding citizens, rendering of urgent medical aid by the victim and informing of the higher public prosecutor.
Article 52. Legal regulation of work Labour relations: 1) employees of authorities of the Prosecutor’s office are regulated by the labour legislation of Republic of Kazakhstan with the features provided by the present Law, Position about service in authorities of the Prosecutor’s office and also the legislation on public service in a part which are not contradicting the present Law; 2) workers of authorities of the Prosecutor’s office are regulated by the labour legislation of Republic of Kazakhstan, the legislation of Republic of Kazakhstan on public service. There is footnote. Article 52 - with the changes brought by Laws RÊ from 02.07.1998 N 266; from 23.07.1999 N 454 (it is installed from 01.01.2000). New edition is entered by Law RÊ from 10.10.2001 N 247 (it is installed from 01.01.2001). With the changes brought by Law RÊ from 15.05.2007 N 253.
Article 53. Material and social security of employees of the Prosecutor’s office 1. The payment of employees of authorities of the Prosecutor’s office is established on the basis of uniform system of a payment of workers of authorities of the Republic of Kazakhstan containing at the expense of the state budget, Republic of Kazakhstan confirmed by the President. 2. Annual holidays at a rate of thirty calendar days are given to employees of authorities of the Prosecutor’s office. 3. Employees of authorities of the Prosecutor’s office use the right of prime assurance (supporting) with a floor space from office available housing. 4. The office premises occupied for constant residing with employees of authorities of the Prosecutor’s office, in the service more than ten calendar years, at will of the named employees are transferred to them and their families under contracts of rent or redeemed in a personal property at residual cost. 5. Employees and pensioners of authorities of the Prosecutor’s office are not subject to eviction from office premises without granting of other premises. 6. In case of destruction of the employee of authorities of the Prosecutor’s office on duty the family of the victim has the right to reception not later than one year from the date of his destruction of a floor space from the state available housing on conditions and in an order, established by the legislation. 7. (Subparagraph 7 is excluded by Law RÊ from 10.10.2001 N 247) 8. In case of destruction (death) of the employee of authorities of the Prosecutor’s office on duty, or within a year after dismissal from service owing to a injury or a mutilation, received on duty, to dependents and successors single indemnification in size sixty months monetary assurance (supporting) on last post in an order defined by the Government of Republic of Kazakhstan is paid. The monetary assurance (supporting) applied to calculation of single indemnification, provided present article, consists of the official salary and surcharge (salary) for a class rank (on a military rank) 9. Employees of authorities of the Prosecutor’s office and members of their families use in established the Government of Republic an order health services. 10. Employees of authorities of the Prosecutor’s office, except experts and workers, have the right: 1) (subparagraph 1 is excluded by Law RÊ from 07.04.1999 N 374); 2) on a presentation of office and travelling acts to get out of turn travel papers on all types of transport and to receive a place for residing at hotels. 11. For burial of the died or lost employees of authorities of the Prosecutor’s office which have retired from a post of the employee of authorities of the Prosecutor’s office, single monetary indemnification at a rate of their three-monthly assurance (supporting) is paid. 12. The provision of pensions, payment of the state social benefits on physical inability and on the occasion of loss of the supporter of employees of authorities of the Prosecutor’s office are carried out according to the Republic of Kazakhstan legislation. There is footnote. Article 53 with the changes brought by Laws RÊ from 19.06.1997 N 134; from 02.07.1998 N 266; from 23.07.1999 N 454 (it is installed from 01.01.2000); from 10.10.2001 N 247 (it is installed from 01.01.2001).
Article 54. (It is excluded by Law RÊ from 10.10.2001 N 247 (it is installed from 01.01.2001)
Article 55. The experience of special service 1. The service (work) in authorities of the Prosecutor’s office is a special kind of public service. In the experience of special service (work) besides service (work) in authorities of the Prosecutor’s office time of service (work) is set off: 1) in Armed forces, law-enforcement authorities, national safety and other law enforcement authorities; 2) in judicial authorities; 3) findings on public service; 4) scientific and pedagogical work on a legal specialty; 5) on elective offices in the state authorities of the representative power. There is footnote. Article 55 in edition of Law RÊ from 10.10.2001 N 247 (it is installed from 01.01.2001).
