History of Prosecutor General’s office of Republic of Kazakhstan
Throughout 80 years the Prosecutor General’s office has passed a long way of formation and development. It is necessary to note three important stages in its history.
The beginning of the first stage of historical formation and development of Prosecutor General’s office of Kazakhstan was necessary on July, 13th, 1922 by the 2nd convocation of 3rd session KazZIK, which decision as a part of the National commissariat of justice had been founded the State Prosecutor Generals office. According to it the National commissioner of justice carried out functions of the Prosecutor Generals office of the Republic. The same session had been confirmed "Position about public prosecutor's supervision".
The second stage of development of Prosecutor office can be characterized expansion in 1933 of its powers. At Narcomjust the management of Prosecutor Generals office which has become rather independent has been formed. It was for the first time in history of function of the public prosecutor and the National commissioner of justice has been divided.
Historically important event for republic has occurred to acceptance on December, 5th, 1936 the new Constitution of the USSR when Kazakhstan has been transformed from independent to sovereign union republic and has got the rights of the state equal in rights as a part of the USSR. Kazakhstan has accepted the Constitution in 1937.
The third stage of development and strengthening of Prosecutor Generals office which has completely separated from Narcomjust has begun with this moment and began to function as independent structure of law enforcement authorities of Republic. S.Eskaraev became the first public prosecutor of the Kazakh Soviet Socialist Republic.
On November, 11th the same year the order on division in republic of the Narcommat of justice and Prosecutor Generals office which began to submit to directly public prosecutor of the USSR has been issued.
Realization of supervision of legality of actions of official authorities, the public and private organizations, and also private persons, supervision over activity of investigatory authorities, authorities of inquiry during this period have been assigned to Prosecutor Generals office and etc.
At the same time, in history of Prosecutor Generals office there was a period when it owing to the developed circumstances could not carry out to the full the remedial function. Only for one 1937 from authorities of Prosecutor Generals office it has been unreasonably dismissed more than 40 workers, some of them have been arrested on charge in rendering assistance in protection of counterrevolutionary nationalist groups. It was the period of mass political reprisals under which millstones there were also ex-prosecutors of Republic: Nigmet Nurmakov – he was shot under the "three" decision, Nurtaz Yeralin – he was arrested "as the enemy of the people" and he was sentenced to a death penalty, Saduakas Mambeev - more than 16 years have spent in casemates NKVD and prisons, Zhanaidar Saduakasov – he was shot as "the enemy of the people", Kanay Boranbaev - in 1938 he was sentenced to a death penalty, Boran Aitmagambetov –he was arrested and shot as "the Japanese spy", Myrzagul Atanijazov - more than 15 years has spent in prison, Suleimen Eskaraev - in 1937 had been sentenced to a death penalty.
In days of the Great Patriotic War, prosecutor-investigating personal department had brought the worthy contribution to business of protection of Fatherland. From the beginning of war till August, 1942 from among workers of Prosecutor Generals office of 411 persons have been called in ranks of the army and have left on front. Many public prosecutors and inspectors have heroically given their life for freedom and independence of the state. On April, 10th, 1945 a high rank of the Hero of Soviet Union the former national inspector of Prosecutor Generals office of Makatsky area Atyrau (former Guryev) Mussa Baimukanov has been awarded. Unfortunately, he has not had time to receive the star - on March, 18th 45th Mussa Baimukanov heroically was lost in the field of fight. And who does not know the great son of the Kazakh Steppe, the legendary pilot, the Hero of Soviet Union Nurken Abdirov?! He was born in 1919 in Karkaralinsk area of the Karaganda area which before war was the national inspector of regional Prosecutor Generals office, at the cost of his life has destroyed an enemy echelon. On March, 31st, 1943 he had been posthumously awarded as the Hero of Soviet Union.
After the end of war workers of Prosecutor Generals office actively promoted the national economy restoration, vigilantly protected state and a public property, resolutely struggled with nuisances, state and a labour discipline.
Post-war decade was characterized by the further raising of authority of Prosecutor Generals office, the higher supervision of exact and uniform performance of laws becomes the main which constitutional problem.
With development of statehood of Kazakhstan the place and a role of Prosecutor Generals office in system of republican authorities varied, its activity was filled with the new maintenance, functions of public prosecutor's supervision changed. However, how were corrected and problems facing to Prosecutor Generals office, it constantly remained remedial authority, the basic which maintenance of activity invariably there was a care of legality and law and order strengthening, maintenance of protection of interests of the state, the social and economic, political and personal rights and freedom of citizens, prevention of offences.
At all stages of development of the state the role of Prosecutor Generals office steadily increased and before it there was a problem - to provide such daily direction of work that each citizen knew and understood, what exactly in the name of the public prosecutor it always has the first and closest defender of the interests.
At the same time, it is necessary to notice, that before finding of independence by Kazakhstan authorities of Prosecutor Generals office, as well as other law enforcement authorities, served, first of all, interests of command system in the conditions of the totalitarian state. It is possible to judge a place of authorities of Prosecutor Generals office of that period under the relation of the Soviet power to the right in general and to legality in particular. However, despite of everything, the main maintenance of activity of authorities of Prosecutor Generals office there was a revealing of infringements of the law and acceptance of measures on their elimination.
Events of August, 1991 have demanded from authorities of Prosecutor Generals office of the Republic of fast orientation in the circumstances, refusal of the becoming obsolete forms of work, search and application of effective methods of public prosecutor's supervision.
Occurring in the country and the change legislation have put in the forefront the person as the higher value of a society, the rights of citizens to judicial protection have been expanded. The legal protection of the person became the main maintenance of activity of authorities of Prosecutor Generals office of Republic.
The further development of public prosecutor's supervision and reforming of system of authorities of Prosecutor Generals office occurred during the modern period, from the moment of Republic of Kazakhstan declaration of independence. Reforming and development of Prosecutor Generals office should be carried out according to principles of a new state system, political and international legal orientation.
On December, 6th, 1991 the Decision of the Supreme authority of the Kazakh Soviet Socialist Republic "About formation of uniform system of authorities of Prosecutor Generals office of the Kazakh Soviet Socialist Republic, maintenance of their independence and independence" forms uniform system of authorities of Prosecutor Generals office, the subordinate to the Prosecutor Generals office of the Kazakh Soviet Socialist Republic.
The decision of the Supreme authority of Republic of Kazakhstan from January, 17th, 1992 had been installed the Law "About Republic of Kazakhstan Prosecutor Generals office " according to which the Prosecutor Generals office became authority of the higher supervision of the execution of laws accountable to the Supreme authority.
This law has played the positive role in improvement of remedial activity of Prosecutor Generals office. However dynamically developing processes of the state building, development of democracy of the right has demanded new approaches to formation of legal system. In this connection the decision of the head of the state from February, 12th, 1994 had been confirmed the Government program of legal reform in Republic of Kazakhstan. In this document main principles of reforming of authorities of Prosecutor Generals office are defined.
Further they have found the fastening in the Constitution accepted on a republican referendum on August, 30th, 1995 and in the Decree of President of RK from December, 21st, 1995, valid the Law "About Republic Kazakhstan Prosecutor General’s office " (now the Law). In Constitution article 83 substantive provisions about Prosecutor Generals office as to the uniform centralized independent system are proclaimed.
In system of public authorities of Republic Prosecutor Generals office takes the constitutional place, carrying out functions of one of system elements "controls and counterbalances" institute of division of the authorities, promotes the coordinated posthumously been appropriated functioning of all branches of the uniform government in Republic of Kazakhstan. Being accountable only to the President and carrying out the higher supervision of exact and uniform application of laws, decrees of the President of Republic of Kazakhstan and other standard legal certificates, the republic Prosecutor Generals office is a legal mechanism (tool) of the head of the state on realization of functions of the guarantor of unity of the people by it and the government, firmness of the Constitution, the rights and freedom of the person and the citizen. So, according to the Republic of Kazakhstan Constitution only Prosecutor Generals office by protest of laws and other legal acts, including judicial, legal methods is in a condition to provide the full control over activity of all branches of the uniform government.
The following stage of development of authorities of Prosecutor Generals office is connected with acceptance in 2002 of the Law of Republic of Kazakhstan «About modification and additions in some acts of Republic Kazakhstan concerning public prosecutor's supervision». The given Law establishes necessity of the further increase of level of legality and protection of the rights of citizens. The special attention, is thus given strengthening of the higher supervising authority of the country, maintenance of compulsion of execution of acts and requirements of public prosecutors on observance of laws, the mechanism of their compulsory execution is defined, and also responsibility of officials and citizens for default of legal requirements and certificates of public prosecutor's supervision is toughened.
The Republic Prosecutor Generals office carries out the powers in strict conformity with the Constitution and Republic of Kazakhstan laws. For today in its activity the facts of substitution of other state authorities, unreasonable intervention in functional activity of various managing subjects are excluded. At the same time, the Prosecutor Generals office according to requirements of article 83 of the Constitution of Republic of Kazakhstan began to reveal more actively infringement of the legality admitted by the state authorities and their officials, to take the measures provided by the law to their elimination, including by entering of protests on illegal certificates of authorities of the executive and judicial power and also to react to default of laws in force and decrees of the President of Republic of Kazakhstan more often.