Article 24. Consideration of appeals of the Constitutional Law on the Prosecutor's Office

     1. The Prosecutor's office considers appeals:

     1) to protect and restore the rights and legitimate interests of a person and citizen, if they are unable to independently protect their rights due to their physiological characteristics, mental disabilities and other circumstances, minors, as well as an unlimited number of persons;

     2) to protect and restore the rights and legitimate interests of a person and citizen, society or the state, if the protection of these interests is not properly ensured by an authorized body whose competence includes the relevant powers, or in the absence of such a body;

     3) to protect and restore the rights and legitimate interests of private business entities in cases of interference in their activities by state, local representative and executive bodies, local self-government bodies, institutions, their officials, and other organizations, regardless of their forms of ownership;

     4) in order to prevent threats to the constitutional order and national security of the Republic of Kazakhstan;

     5) on the facts of violations of the rule of law, failure to eliminate which entails harm to human life and health;

     6) on the instructions of the President of the Republic of Kazakhstan;

     7) on the instructions of the Prosecutor General.

     2. The Office of the Prosecutor's Office in the field of state legal statistics and special records and its territorial and equivalent bodies consider appeals within the competence established by Article 11 of this Constitutional Law and other laws of the Republic of Kazakhstan.

     3. The term of consideration of the appeal is fifteen working days from the date of its receipt by the prosecutor's office, unless otherwise provided by the laws of the Republic of Kazakhstan.

     4. In cases where it is necessary to establish factual circumstances relevant to the proper resolution of the appeal, as well as to obtain information from other government agencies, institutions, organizations, regardless of their forms of ownership, the time limit for reviewing the appeal is extended by a reasoned decision of the head of the prosecutor's office or his deputy for a reasonable period, but not more than two months.

     In case of appointment of a law enforcement check on the appeal, the terms of consideration are determined taking into account the duration of its conduct. An interim response is sent to the applicant. The final answer is communicated to the applicant based on the results of the audit within ten working days after its completion.

     5. The extension of the time limit for consideration of the application is notified to the applicant within three working days from the date of the extension.

     6. Anonymous appeals to the prosecutor's office are not subject to consideration, except in cases where such an appeal contains information about upcoming or committed criminal offenses or a threat to national, including public, security.

     7. The response to the appeal must be well-founded and motivated in content, with reference to the legislation of the Republic of Kazakhstan in the official language or the language of the appeal, explaining to the applicant his right to file a complaint against the decision.

     8. Consideration of appeals is terminated if new arguments or newly discovered circumstances are not given in repeated appeals, and answers were given to the applicant based on the materials of the previous appeal in accordance with the established procedure.

     9. The requirements of this article do not apply to appeals, the procedure for consideration of which is established by the criminal procedure legislation of the Republic of Kazakhstan, the civil procedure legislation of the Republic of Kazakhstan, the penal enforcement legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on administrative offenses, the legislation of the Republic of Kazakhstan in the fields of counterintelligence and operational investigative activities, 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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