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Innovations of the Law of the Republic of Kazakhstan "On the Prosecutor's Office"

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July 10, 2017, Astana. On June 30, 2017, the Head of State signed the Law of the Republic of Kazakhstan "On the Prosecutor's Office" (hereinafter - the Law).

The document is aimed at bringing the legislation in line with the new edition of paragraph 1 of Article 83 of the Constitution of the Republic of Kazakhstan, as well as on improving the prosecution authorities’ activities.

Developed in pursuance of President Decree No. 437 dated March 13, 2017 "On a set of measures to implement the Law of the Republic of Kazakhstan of March 10, 2017" On Amendments and Additions to the Constitution of the Republic of Kazakhstan ", the Law determined the status, competence, organization and procedure of Prosecutor’s Office activities of the Republic of Kazakhstan.

According to Article 1 of the Law, the prosecutor's office, on behalf of the state within the limits and forms established by law, will exercise supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan, represent the interests of the state in court and carry out criminal prosecution on behalf of the state.

The law defines the following tasks of the prosecutor's office:

1) protection and restoration of human and citizen's rights and freedoms, legal interests of legal entities, society and the state;

22) the identification and elimination of violations of the law, the causes and conditions that contribute to them, as well as their consequences;

3) coordination of law enforcement activities and other state bodies to ensure law, order and fight against crime;

4) other tasks determined by law and acts of the President of the Republic of Kazakhstan.

The law defines the limits and forms of higher supervision, clarifies its main directions, establishes the boundaries of higher supervision of compliance with the law in the activities of state bodies and business entities.

The powers (rights and duties) of the prosecutor, his responsibility, as well as the rights and obligations of the audited entities are fixed, the grounds for appointing prosecutors to inspect and appeal prosecutors with a legal claim to the court are reduced.

There are three forms of supervision: verification, analysis, evaluation of legal acts that have entered into force.

The system of legal acts of the prosecutor has been adjusted. From the acts of prosecutor's supervision (response), "warning" and "injunction" are excluded.

The content of the explanation of the law has been amended. This legal act will be introduced in order to ensure public security, prevent violations, as well as in the presence of information about the upcoming illegal acts.

The types of legal acts that are not subject to protest have been determined, the grounds and consequences of the adoption of acts of prosecutorial supervision have been established. Forced enforcement of acts of supervision (response) will be carried out only in a judicial order.

Separate chapters highlight the functions of representing the interests of the state in court and criminal prosecution, as well as other areas of the prosecutor's office that include the formation of state legal statistics, the maintenance of special accounts, the implementation of a unified state personnel policy in the system of prosecution authorities and others.

A unified system of prosecution authorities, powers of the Prosecutor General of the Republic of Kazakhstan, the scope of the General Prosecutor's Office, regional, district and similar prosecutors are defined.

The law does not require the allocation of additional funds from the republican budget and does not entail negative social, economic and legal consequences.

 

Press-service of General Prosecutor's Office of the RK

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