Article 10. Powers of the Prosecutor of the Constitutional Law on the Prosecutor's Office
1. The prosecutor, in accordance with his competence, has the right:
1) to check the observance of legality, analyze the state of legality, and evaluate acts that have entered into force;
1-1) verify the legality of the sources of acquisition (origin) of the asset, monitor and analyze information to counteract the illegal acquisition, withdrawal and return of assets;
2) submit acts of the Prosecutor's Office in accordance with the procedure established by this Constitutional Law and other laws of the Republic of Kazakhstan, as well as by the Prosecutor General.;
3) to challenge legal acts of the Government, other state, local representative and executive bodies, local self-government bodies, institutions and their officials that contradict the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan within the limits established by the laws of the Republic of Kazakhstan;
4) to protest acts of organizations that contradict the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan, regardless of their forms of ownership, if these acts relate to persons who, due to their physiological characteristics, mental disabilities and other circumstances, cannot independently protect their rights, minors, as well as an unlimited number of persons, within the limits, established by the laws of the Republic of Kazakhstan;
5) to demand the immediate cancellation of prohibitive or restrictive measures, suspension in whole or in part of the illegal act, if there are grounds and in accordance with the procedure provided for by the law of the Republic of Kazakhstan;
6) appoint expert examinations, require authorized bodies to conduct inspections on materials and appeals held by the prosecutor's office, and oblige them to report their results;
7) involve specialists from other bodies and organizations to participate in checking compliance with the rule of law and giving an opinion;
8) in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan, involve employees of other law enforcement agencies in checking compliance with the rule of law to ensure security and supervisory activities;
9) to summon and receive explanations from officials, individuals and representatives of legal entities on the issues of the ongoing verification of compliance with the rule of law, analysis of the state of legality, assessment of acts that have entered into force, and the appeal under consideration;
10) in compliance with the procedure established by the legislation of the Republic of Kazakhstan, request and receive information, materials and documents, as well as civil, administrative, criminal cases, cases of administrative offenses, and enforcement proceedings on issues related to the ongoing verification of legality, analysis of the state of legality, assessment of acts that have entered into force, and consideration of appeals.;
11) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to obtain access to information, information and documents, criminal, civil, administrative cases, cases of administrative offenses, enforcement proceedings and other materials, as well as to information systems and resources of law enforcement and other government agencies and organizations in compliance with the requirements for the protection of personal data and other legally protected Secrets;
12) in compliance with the requirements established by the legislation of the Republic of Kazakhstan, apply technical means of fixation during the implementation of supervisory activities;
13) give instructions on issues of pre-trial investigation, operational investigative activities and secret investigative actions, mandatory for execution by the heads and employees of bodies conducting pre-trial investigation, operational investigative activities, secret investigative actions;
14) to verify the legality of the delivery, detention of persons on suspicion of committing criminal offenses, persons who have committed administrative offenses, as well as the procedure and conditions of detention of persons in custody or other restriction of freedom;
15) to verify the legality of acts, to cancel illegal decisions of the administration of institutions of the penal system affecting the legal status of persons in custody serving sentences in places of deprivation of liberty;
16) to consider the acts of the bodies of the penal enforcement system on the transfer of convicts to another institution in accordance with the penal enforcement legislation of the Republic of Kazakhstan;
17) consider the petitions of the investigating authorities to choose a preventive measure against suspects in accordance with the criminal procedure legislation of the Republic of Kazakhstan;
18) to bring a petition to a higher court for the review of a judicial act that has not entered into legal force;
19) apply to a higher prosecutor for a protest against judicial acts that have entered into legal force in cases where the protest goes beyond his competence.;
20) when exercising supervision, initiate operational search measures by the bodies carrying out operational search activities;
21) when exercising supervision, request and receive files of secret investigative actions, operational records, materials, documents, departmental regulatory legal acts, and other necessary information, with the exception of information about the identity of confidential assistants and full-time secret employees;
22) in cases established by the laws of the Republic of Kazakhstan, authorize the conduct of operational search and counterintelligence activities, to verify the legality of special operational search activities, including on the communications network;
23) when exercising supervision, involve specialists from the prosecutor's office and other specialists using special technical means in order to identify and suppress violations of the rule of law in the course of operational investigative activities in accordance with the legislation of the Republic of Kazakhstan on operational investigative activities;
24) require the heads of bodies engaged in operational investigative activities to conduct inspections in their subordinate bodies in order to eliminate violations of the rule of law;
25) initiate and terminate proceedings on an administrative offense case;
26) verify the legality of the discharge and enforcement of enforcement documents;
27) coordinate and carry out activities on international legal cooperation for the purpose of asset recovery;
28) to execute international treaties on the extradition of persons, mutual legal assistance in criminal matters, in cases of asset recovery, transfer of convicted persons or persons suffering from mental disorders (diseases), as well as related legal acts, to coordinate draft international treaties in the criminal law field related to the competence of the prosecutor's office;
29) represent the interests of the state in the competent authorities of foreign states and international organizations on criminal prosecution, asset recovery, foreign and international courts (arbitrations) on issues within the competence of the prosecutor's office;
30) exercise other rights provided for by this Constitutional Law and other laws of the Republic of Kazakhstan.
2. The prosecutor is obliged to:
1) comply with the Constitution of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan;
2) to protect the rights and freedoms of man and citizen, the legally protected interests of legal entities, society and the state by taking measures to eliminate violations of the rule of law;
3) to prevent actions (inaction) and the adoption of acts of the prosecutor's Office that create unjustified obstacles to the realization of human and civil rights and freedoms, the legitimate interests of legal entities, society and the state;
4) ensure the safety of documents, information and other information obtained in the course of their activities, in compliance with the requirements of the legislation of the Republic of Kazakhstan on state secrets and other legally protected secrets;
5) in cases and in accordance with the procedure provided for by the criminal procedure legislation of the Republic of Kazakhstan, to carry out a pre-trial investigation;
6) consider petitions for disagreement with judicial acts that have entered into force in accordance with the procedure provided for by the procedural legislation of the Republic of Kazakhstan;
7) to check the observance of legality when receiving and registering applications and reports of criminal offenses;
8) to stop illegal operational search activities and secret investigative actions;
9) immediately release persons who have been unlawfully detained and are in the premises of law enforcement and special state bodies and other places that restrict their personal freedom, guardhouses, institutions executing coercive measures, special institutions and institutions of the penal system;
10) to cancel illegal resolutions and decisions of persons engaged in pre-trial investigation, operational search activities;
11) perform other duties stipulated by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Constitutional Law of the Republic of Kazakhstan dated November 5, 2022 No. 155-VII SAM.
This Constitutional Law defines the competence, organization and procedure of the Prosecutor's Office of the Republic of Kazakhstan.
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