Article 759. Prosecutor of the Code of the Republic of Kazakhstan On Administrative Offenses
1. The supreme supervision over the observance of legality in the process of proceedings on administrative offenses on behalf of the state, approval or refusal to approve decisions on the initiation of proceedings on an administrative offense against investors included in the register of investors, shall be carried out by the Prosecutor General of the Republic of Kazakhstan both directly and through subordinate prosecutors.
In exercising his powers, the prosecutor is independent and obeys only the law.
2. In order to exercise his powers provided for by this Code, the prosecutor has the right: to coordinate decisions on the initiation of proceedings on an administrative offense against investors included in the register of investors, or to refuse their approval; to participate in proceedings on cases of administrative offenses; to present evidence and participate in their study; to present to the court, the body (official) considering the case, his opinion on the guilt of the person against whom proceedings are being conducted on an administrative offense, as well as on other issues arising during the consideration of the case; to express to the court, the body (official) considering the case, a proposal on the application of the provisions of the law and the imposition of administrative penalty or exemption from it.
3. The prosecutor must be notified of the place and time of consideration of the case of an administrative offense committed by a minor, as well as an offense entailing administrative arrest, administrative expulsion of a foreigner or a stateless person from the Republic of Kazakhstan. In his absence, such a case may be considered only in cases where there is evidence of timely notification by the prosecutor of the place and time of the case and if he has not received a motion to postpone the case.
4. The decision to institute an administrative offense case against investors included in the register of investors, with materials confirming the existence of grounds for initiating an administrative offense case, is sent to the prosecutor within one working day from the moment the fact of the administrative offense is discovered.
Approval or refusal of approval by the prosecutor of the decision specified in this part is carried out using the digital system of the unified register of administrative proceedings in accordance with the procedure determined by the Prosecutor General of the Republic of Kazakhstan.
5. The prosecutor shall, within three working days, approve a decision to institute an administrative offense case against investors included in the register of investors, or refuse to approve it and return it to the person who made such a decision.
If the prosecutor approves a decision to institute an administrative offense case against investors included in the register of investors, the person authorized to draw up an administrative offense report shall notify the investor accordingly.
If it is necessary to request and study additional materials, the prosecutor approves the decision to institute an administrative offense case against investors included in the register of investors, or refuses to approve it within ten working days.
A refusal by the prosecutor to approve a decision to institute an administrative offense case against investors included in the register of investors may be appealed to a higher prosecutor, who will consider the complaint within five working days in accordance with the procedure determined by the Prosecutor General of the Republic of Kazakhstan.
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