Article 18. Checking the legality of the Constitutional Law on the Prosecutor's Office
1. A law enforcement check is assigned by:
1) by order of the President of the Republic of Kazakhstan;
2) on the instructions of the Prosecutor General;
3) on the grounds provided for in paragraph 2 of this article.
2. Decisions of the Deputy Prosecutor General, heads of military and transport prosecutor's offices, prosecutors of regions and equivalent prosecutors (cities of republican significance and the capital), district and equivalent prosecutors (urban, inter-district, as well as specialized) on the appointment and conduct of law enforcement checks are taken to protect the rights, freedoms and legitimate interests:
1) persons who, due to their physiological characteristics, mental disorders and other circumstances, cannot independently protect them;
2) minors;
3) an unlimited number of people;
4) individuals, society and the state, if necessary to prevent irreversible consequences for the life, health or security of the Republic of Kazakhstan;
5) private business entities on the facts of interference in their activities by state, local representative and executive bodies, local self-government bodies, and their officials.
Verification of the legality of private business entities is carried out on behalf of the President of the Republic of Kazakhstan, the Prosecutor General or in consultation with them.
3. The verification of legality conducted by the department of the Prosecutor's Office in the field of state legal statistics and special records is carried out by decision of the heads of the department and its territorial and equivalent bodies within the limits established by this Constitutional Law and other laws of the Republic of Kazakhstan.
4. A resolution is issued on conducting a law enforcement check, which is registered with the state body for legal statistics and special accounting.
The legality check is carried out within no more than thirty working days.
If it is necessary to request additional materials, as well as due to the significant volume of verification of compliance with the rule of law, in exceptional cases, the period of its conduct may be extended by no more than thirty working days.
The verification of legality may be suspended in cases where an expert examination is appointed, as well as if it is necessary to obtain information and documents from foreign countries before they are received, as well as in other cases that impede the verification.
The calculation of the period for conducting a suspended law enforcement check continues from the date of its resumption.
The procedure for registration of resolutions on the appointment of a legality check and the timing of its conduct do not apply to inspections conducted within the framework of the criminal procedure legislation of the Republic of Kazakhstan, the penal enforcement legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs, the legislation of the Republic of Kazakhstan on administrative offenses, the legislation of the Republic of Kazakhstan in the areas of operational investigative and counterintelligence activities.
5. When checking compliance with the rule of law, the prosecutor may not:
1) require the provision of documents and information if they do not relate to the subject of the legality check;
2) exceed the established time limits for checking compliance with the rule of law;
3) to interfere with the normal functioning of the audited entity, except in cases that pose a threat to the rule of law and public order, socio-economic stability in the region, the constitutional order and national security of the Republic of Kazakhstan, as well as threatening irreversible consequences for human life and health.
6. The provisions of this article do not apply to checks of the legality of the sources of acquisition (origin) of an asset conducted by the Office of the Prosecutor's Office for the return of assets, in accordance with the legislation of the Republic of Kazakhstan on the return to the state of illegally acquired assets.
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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