Article 33. Protest of the Constitutional Law On the Prosecutor's Office

     1. The Prosecutor shall bring a protest against acts that have entered into force, decisions and actions (inaction) of state bodies, institutions, organizations, officials and other authorized persons that contradict the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, international treaties ratified by the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

     2. A protest is brought to a state body, institution, organization, official or other authorized person who has adopted an illegal act or decision, or to a higher authority or a higher official. Illegal actions (inaction) of a state body, institution, organization, official or other authorized person are protested in the same manner.

     3. The prosecutor's protest is subject to consideration by the relevant body or official within ten calendar days.

     The prosecutor has the right to set a different time limit for considering the protest, due to the need to prepare and make a decision on it, but not less than three working days.

     The results of the consideration of the protest are immediately notified to the prosecutor in writing. The protest may be withdrawn by the person who brought it or by a higher prosecutor before it is considered.

     The body or official is obliged to notify the prosecutor of the time and place of consideration of the protest.

     4. In the protest, the prosecutor demands the cancellation of the illegal act or bringing it into line with the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan, regulatory legal acts, as well as the termination of the illegal action (inaction) of an official and the restoration of violated rights.

     5. Before making a decision on the protest, the Prosecutor General, Deputy Prosecutor General, heads of military and transport prosecutor's offices, regional and equivalent prosecutors (cities of republican significance and the capital), district and equivalent (city, inter-district, as well as specialized) prosecutors have the right to suspend the execution of the protested act or action.

     6. Legislative acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, the Presidential Administration of the Republic of Kazakhstan, the Constitutional Court of the Republic of Kazakhstan, the Supreme Audit Chamber (based on the results of inspections) are not subject to appeal by prosecutors.

     7. The grounds, procedure, and deadlines for bringing protests against judicial acts that have entered into force, as well as suspending their execution, are determined by the criminal procedure legislation of the Republic of Kazakhstan, the civil procedure legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on administrative offenses, and the legislation of the Republic of Kazakhstan on administrative proceedings.

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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