Article 19. The rights and obligations of the audited subjects of the Constitutional Law on the Prosecutor's Office

     1. The audited entities or their authorized representatives, when conducting a law enforcement check by prosecutors, have the right:

     1) to prevent persons who have arrived to check compliance with the rule of law from entering the facility in the following cases::

     failure to submit to the audited entity a resolution on the appointment of a law enforcement check;

     conducting a law enforcement check without registration with the state body for legal statistics and special accounting, when such registration is mandatory;

     expiration of the time limits specified in paragraph 4 of Article 18 of this Constitutional Law;

     conducting a law enforcement check by persons not specified in the resolution on the appointment of a law enforcement check;

     the absence of a document confirming a permit for access to state secrets, when it is provided for by the legislation of the Republic of Kazakhstan;

     2) not to provide information and documents:

     not related to the subject of the ongoing legality check or the period specified in the resolution on the appointment of a legality check.;

     containing state secrets or other legally protected secrets in the absence of an appropriate security clearance or a document authorizing access to such information and documents.;

     3) appeal the decision on the appointment of a law enforcement check, as well as the actions (inaction) of officials of the prosecutor's office in accordance with the procedure established by the laws of the Republic of Kazakhstan.

     2. The audited entities or their authorized representatives, when conducting a law enforcement check by prosecutors, are obliged to:

     1) to ensure unhindered access of officials of the prosecutor's office to the territory and premises of the inspected entity.

     Access of officials of the prosecutor's office to the territory and premises of high-security facilities is provided taking into account the requirements for access and intra-facility regimes established in the organization under review.;

     2) in compliance with the requirements for the protection of state secrets or other legally protected secrets, submit to officials of the prosecutor's office documents (information) on paper and electronic media or copies thereof for attachment to the certificate of the results of the legality check;

     3) to get acquainted with and receive a signed resolution on the appointment of a law enforcement check and a certificate of its results;

     4) in accordance with the requirements of occupational safety and health, provide the necessary conditions for persons who verify compliance with the rule of law.

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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