Article 31. Prosecutor Administrative Procedural Code of the Republic of Kazakhstan

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1. Supreme supervision over the legality of judicial acts that have entered into legal force in administrative matters on behalf of the state is carried out by the Prosecutor General of the Republic of Kazakhstan both directly and through subordinate prosecutors.

2. In order to carry out the tasks assigned to him by law, the prosecutor enters into the process to give an opinion on administrative matters arising from tax, customs, budgetary relations, relations in the field of environmental protection, restoration and conservation, use and reproduction of natural resources in carrying out economic and other activities related to the use of natural resources and environmental impact Wednesday, in administrative cases concerning the appeal of actions (inaction) of a state bailiff in the execution of enforcement documents on recovery from the state and to the state's income, with the protection of the electoral rights of citizens and public associations participating in elections, in a national referendum, as well as when an administrative act, administrative action (inaction) may restrict the rights, freedoms and legitimate the interests of persons who, due to physical, mental and other circumstances, cannot independently protect them, or an unlimited number of persons, or when the need for the prosecutor's participation is recognized by the court.

The specified powers of the prosecutor are ensured by timely notification by the court of all administrative cases assigned for consideration by posting relevant information on the court's Internet resource.

The failure of the prosecutor, who has been notified of the time and place of consideration of the administrative case, is not an obstacle to judicial proceedings in the administrative case.

3. The prosecutor, in accordance with the legislation of the Republic of Kazakhstan, has the right to file a lawsuit in court to restore violated rights and protect interests.:

1) persons who, due to physical, mental and other circumstances, are unable to independently protect them;

2) individuals, society and the state, if necessary to prevent irreversible consequences for human life, health or security of the Republic of Kazakhstan.

In the cases provided for in subparagraph 2) In this part, a claim may be filed by the prosecutor in court regardless of the request and claim of the person.

3) investors included in the register of investors on issues related to the implementation of investment projects.

4. If the plaintiff does not support the claim made by the prosecutor, the court returns the claim if the rights, freedoms and legitimate interests of the persons concerned are not affected.

5. If an administrative body or official rejects a protest against an administrative act that does not comply with the law, as well as an administrative action (inaction), the prosecutor shall file a lawsuit with the court.

6. The prosecutor who filed the claim shall enjoy all the procedural rights and also bear all the procedural duties of the plaintiff, except for the right to conclude an agreement on reconciliation, mediation or dispute settlement through a participatory procedure. The prosecutor's refusal to file a claim in defense of another person's interests does not deprive that person of the right to request consideration of an administrative case on its merits after paying the state fee in accordance with the requirements The Code Of the Republic of Kazakhstan "On Taxes and other mandatory payments to the budget" (Tax Code).

7. A prosecutor who represents the interests of the prosecutor's office in a dispute being considered by the court as a plaintiff or defendant shall enjoy the procedural rights and obligations of a party. The prosecutor does not give an opinion on an administrative case if an administrative case is initiated on the basis of his claim.

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Republic of Kazakhstan

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