Article 26. Legal guarantees of the prosecutor's activity of the Constitutional Law on the Prosecutor's Office
1. Influence in any form on the prosecutor in order to prevent him from exercising his powers or making an illegal decision entails liability established by the laws of the Republic of Kazakhstan.
2. The requirements and requests of the prosecutor in the framework of the ongoing verification of legality, analysis of the state of legality, assessment of acts that have entered into force, appeals under consideration and the exercise of their other powers are mandatory for individuals and legal entities, including government agencies, institutions, organizations, regardless of their forms of ownership, and their officials.
3. Regarding the issues of verification of compliance with legality, analysis of the state of legality, assessment of acts that have entered into force, and appeals under consideration, state, local representative and executive bodies, local government bodies, institutions, their officials, and other organizations, regardless of their forms of ownership, are required, at the request of the prosecutor, to comply with the requirements established by the laws of the Republic of Kazakhstan for the disclosure of state secrets provide information constituting commercial, banking and other legally protected secrets within the time limit set by the prosecutor, but at least three business days for the necessary information, documents and other materials.
The prosecutor bears the responsibility established by the laws of the Republic of Kazakhstan for the disclosure of state secrets, information constituting commercial, banking and other legally protected secrets.
4. In order to prevent irreversible consequences for human life and health, the legitimate interests of private business entities, the interests of society and the state, mass violations of law and order, threats to the socio-economic stability of the region or the security of the Republic of Kazakhstan, the requested information, documents and other materials are provided immediately.
5. At the request of the prosecutor, authorities, organizations and officials are required to provide specialists to participate in the inspection and provide an opinion.
6. The Prosecutor does not provide any explanations on the merits of the materials, acts, court cases and appeals in his production. Submission of materials to someone for review is carried out only in cases stipulated by the legislation of the Republic of Kazakhstan.
No one has the right to disclose the materials of the law enforcement review and cases without the permission of the prosecutor who is investigating them.
7. As part of the ongoing verification of legality, assessment of acts that have entered into force, and appeals under consideration, individuals and officials, as well as other representatives of state, local representative and executive bodies, local self-government bodies, institutions, their officials, and other organizations, regardless of their forms of ownership, are required to appear at the request of the prosecutor at the time set by him. explanations.
8. A call to the prosecutor's office is made within a time sufficient for timely attendance, except in cases of social emergencies, crisis situations or circumstances unavoidable under these conditions, by sending a notification (notice).
9. The notification (notification) is sent by telephone, text message to a cellular subscriber number or e-mail address, telegram or registered letter with a notification of its delivery, or using other means of communication that ensure the recording of the notification or call.
10. The person being called is obliged to notify the calling prosecutor in advance of the reasons preventing him from appearing on the call at the appointed time.
11. In case of non-appearance without valid reasons, individuals and officials, as well as other representatives of state bodies, institutions and organizations, regardless of their forms of ownership, may be, by reasoned decision of the Prosecutor General, his deputies, heads of the Office of the Prosecutor's Office for asset recovery, the Office of the Prosecutor's Office in the field of state legal statistics and special records and its territorial and equivalent These include bodies, military and transport prosecutor's offices, regional prosecutors and equivalent prosecutors (cities of republican significance and the capital), their deputies, district and equivalent (city, inter-district, as well as specialized) prosecutors, their deputies were brought (forcibly delivered).
12. The prosecutor's decision on the drive (forced delivery) is executed by the internal affairs body.
13. The drive (forced delivery) cannot be performed at night.
14. Minors under the age of fourteen and persons under the age of eighteen may not be brought without notifying their legal representative, pregnant women, as well as persons who, for health reasons, cannot or should not leave their place of residence, which must be certified by a doctor.
15. Failure to comply with the legal requirements of the prosecutor or failure to appear at the request of the prosecutor without valid reasons entails liability provided for by the laws 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.
President
Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
