It is confirmed by the order of the
Vice - Prosecutor General of the
Republic of Kazakhstan
On September, 08th, 2009 №50
(Changes have been made by the order
№43 from May, 12th, 2011)
Position About Social Council concerning legality maintenance At the General Prosecutor’s Office of the Republic of Kazakhstan
1. General provisions
1. The Social Council concerning legality maintenance at the General Prosecutor’s Office of the Republic of Kazakhstan (further - Council) is consultative-advisory body at the General Prosecutor’s Office of the Republic of Kazakhstan.
2. Council in the activity is guided by the Constitution of the Republic of Kazakhstan, by the other standard legal acts of the Republic of Kazakhstan, and also by the present Position.
3. Council decisions have recommendatory character.
2. The purposes, tasks and principles of the organization of Council’s activity
4. The purposes of Council’s activity are an increasing of a condition of legality in the country, assistance to carrying out of a legal policy of the state and development and the further perfection of mutual relations of Public Prosecutor’s service with the non-governmental organizations and the population.
5. There are some primary Council’s tasks:
1) Increasing trust of the population to law-enforcement system, increasing of a role of the non-governmental organizations in lawful state development;
2) Preparation of recommendations about perfection of activity of bodies of Public Prosecutor’s service;
3)Acceptance of measures on increasing of sense of justice of the population for the purpose of aversion of infringements of legality, and also an explanation the rights of citizens at illegal actions;
4) Development of interaction in the field of maintenance of protection of the rights and freedom of citizens;
5) Consideration of initiatives of the civil society connected with the decision of most difficult and pressing questions in sphere of maintenance of legality in the country;
6) Carrying out the public examination of projects of standard legal acts of Public Prosecutor’s service on maintenance of protection of the rights and freedom of citizens;
7) Elaboration of recommendations about state policy perfection in sphere of maintenance of legality in the country;
8) Realization of public control over activity of Public Prosecutor’s service on maintenance of protection of the rights and freedom of citizens;
9) Formation of positive image of bodies of Public Prosecutor’s service.
6. Council is working on the principles of publicity, voluntariness and equal responsibility of councilors for made decisions.
Council is opened for wide cooperation with all institutes of a civil society.
3. The Council rights
7. Council has the right:
1) to make offers concerning legality maintenance in the country;
2) to develop the measures directed on increase of a role of Public Prosecutor’s bodies in strengthening of legality in the country;
3) to invite some representatives of various departments and the organizations (in coordination with their heads), the non-governmental organizations and other public associations for sessions;
4) to spend with interested state structures, the non-governmental organizations joint actions for realization of decisions of Council.
4. The organization of Council’s activity
8. The Council membership is defined by the Prosecutor General of the Republic of Kazakhstan., who is the Chairman of the Council.
Some changes additions and can be regular made on representation of Council’s councilors to Social membership if it is necessary.
The membership once in three years is updated with a view of increasing of efficiency of Council’s work.
9. Council is headed by the Chairman. The assistant should carry out the function of the Chairman of Council during absence of the Chairman on the Chairman’s instruction.
10. Working body of Council is the Device of the Public Prosecutor’s service of the Republic of Kazakhstan.
11. The basic form of work of Council is session.
12. Council sessions are spent not less often than two times a year.
Emergency meetings are in case of need spent. The initiator of an emergency meeting of Council submits for consideration the Chairman of the council the list of questions for discussion and projects of decisions on them.
13. Councilors are notified on date and the agenda of session of Council and questions considered on it by the Device of the Public prosecutor not later than 7 days prior to its carrying out. Projects of decisions of Council and other materials on the questions included in the agenda of session of Council are directed to councilors not later than 5 days prior to their consideration at Council session.
14. Council decisions are accepted by simple voting at a casting vote of the Chairman of the council and have recommendatory character.
Council decisions subscribe its Chairman.
Council session is competent, if than half take part in its work from total number of councilors not less.
Councilors have the equal rights at discussion brought in the summons of session of Council of questions and the decisions accepted on them.
15. Invited persons to sessions have the right to take part in discussion of cases in point, to bring recommendations, offers and remarks.
16. The chairman of the council:
1) defines priority lines of activity of Council;
2) carries out the general administration of Council;
3) confirms the agenda of sessions, total documents and recommendations about cases in point;
4) discloses information on cases in point;
5) carries out the general control over execution of decisions of Council.
17. The councilor has the right:
1) to make offers, remarks and amendments on the substance of discussed questions and under the agenda;
2) to offer nominees and to express the opinion on nominees of the persons selected in structure of Council;
3) to ask some questions, to give inquiries, and also to have other rights given to councilors according to Position;
4) to take part in preparation of materials for Council sessions, and also projects of its decisions to participate in realization of decisions of Council;
5) to address with questions to the persons invited to session of Council;
6) to get acquainted with the reports and materials of sessions of Council;
7) to state in written form the separate opinion which is entered in the sessions’ protocol of Council and is applied on the decision in which relation this opinion is expressed in case of disagreement with the Council decision;
8) to address to the Chairman of the Council on the questions entering into the competence of Council;
9) to leave Council membership at any time.
18. The councilor is obliged:
1) to take personal part in work of sessions of Council and other actions spent by Council;
2) to be present at Council session, prior to the beginning of its session to inform the Chairman of the council in case of impossibility for a good reason;
3) to carry out Council’s commission, to observe discipline and ethics requirements;
4) to promote the realizations of decisions of Council.
19. Councilors have not the right to delegate the powers.
In case of impossibility of presence at Council session, the councilor has the right to give the opinion on cases in point in written form.
20. The organization of current activity of Council is carried out by the Device of the Prosecutor General.
21. The device of the Prosecutor General will organize:
1) formation of the agenda and the list of the persons invited to sessions of Council;
2) carrying out of sessions of Council;
3) preparation of documents for the next session;
4) registration of total documents and decisions of session of Council;
5) consideration of current affairs of Council;
6) interaction with councilors, the non-governmental organizations and mass media on illumination of work of Council.
5. The termination of Council’s activity
22. Council’s activity stops under the decision of the Prosecutor General of the Republic of Kazakhstan.