of November 3, 2017 No. 126
About approval of regulations on prosecutor's offices of areas and the prosecutor's offices equated to them
According to subitems 4) and 9) of article 37 of the Law "About Prosecutor's Office", I ORDER:
1. Approve:
1) Regulations on prosecutor's office of the city of Astana according to appendix 1 to this order;
2) Regulations on prosecutor's office of the city of Almaty according to appendix 2 to this order;
2-1) Regulations on prosecutor's office of the city of Shymkent according to appendix 2-1 to this order;
3) Regulations on prosecutor's office of Akmola area according to appendix 3 to this order;
4) Regulations on prosecutor's office of the Aktyubinsk region according to appendix 4 to this order;
5) Regulations on prosecutor's office of Almaty region according to appendix 5 to this order;
6) Regulations on prosecutor's office of Atyrau area according to appendix 6 to this order;
7) Regulations on prosecutor's office of the West Kazakhstan region according to appendix 7 to this order;
8) Regulations on prosecutor's office of Jambyl area according to appendix 8 to this order;
9) Regulations on prosecutor's office of the Karaganda region according to appendix 9 to this order;
10) Regulations on prosecutor's office of the Kostanay region according to appendix 10 to this order;
11) Regulations on prosecutor's office of Kyzylorda area according to appendix 11 to this order;
12) Regulations on prosecutor's office of Mangystau Region according to appendix 12 to this order;
13) Regulations on prosecutor's office of the Turkestan region according to appendix 13 to this order;
14) Regulations on prosecutor's office of the Pavlodar region according to appendix 14 to this order;
15) Regulations on prosecutor's office of the North Kazakhstan area according to appendix 15 to this order;
16) Regulations on prosecutor's office of the East Kazakhstan region" according to appendix 16 to this order;
17) Regulations on the Main Military Procuracy according to appendix 17 to this order;
18) Regulations on the Main transport Prosecutor's Office according to appendix 18 to this order.
2. Cancel some legal acts of the Prosecutor General's Office of the Republic of Kazakhstan according to appendix 19 to this order.
3. To provide to the office of the Attorney-General of the Republic of Kazakhstan in the procedure established by the legislation:
1) the direction of the copy of this order in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
2) placement of this order on Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan.
4. To provide to prosecutors of areas and prosecutors equated to them in the procedure established by the legislation:
1) in a month reduction of the acts in compliance with this order;
2) taking measures, provided by the Law of the Republic of Kazakhstan "About state registration of legal entities and accounting registration of branches and representations".
5. To impose control of execution of this order on the Office of the Attorney-General of the Republic of Kazakhstan.
6. To inform all staff and employees of bodies, departments, organizations and the organization of formation of prosecutor's office of the Republic of Kazakhstan of this order.
7. This order becomes effective from the date of its signing.
Attorney-General of the Republic of Kazakhstan
Zh. Asanov
Appendix 1
to the Order of the Attorney-General of the Republic of Kazakhstan of November 3, 2017 No. 126
1. The prosecutor's office of the city of Astana is territorial authority of the Prosecutor General's Office of the Republic of Kazakhstan, on behalf of the state performs the highest supervision of respecting the rule of law in the limits and forms established by the law, represents the interests of the state in court and on behalf of the state performs criminal prosecution.
2. The prosecutor's office of the city of Astana has subordinate prosecutor's offices.
3. The prosecutor's office of the city of Astana performs the activities according to the Constitution, international treaties and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, this Provision, and also other legal acts.
4. The prosecutor's office of the city of Astana is legal entity in form of business of public institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.
5. The prosecutor's office of the city of Astana enters the civil relations from own name.
6. The prosecutor's office of the city of Astana has the right to act as the party of the civil relations on behalf of the state if she is authorized on it according to the legislation.
7. The prosecutor's office of the city of Astana concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the prosecutor of the city of Astana and other acts, stipulated by the legislation the Republic of Kazakhstan.
8. The structure and limit of the number of staff of prosecutor's office of the city of Astana affirm according to the current legislation.
9. Legal address of prosecutor's office of the city of Astana: Republic of Kazakhstan, city of Astana, Prospekt Kabangbai of the batyr, 31.
10. Full name of prosecutor's office of the city of Astana - public institution "Prosecutor's office of the city of Astana".
11. This Provision is the constituent document of prosecutor's office of the city of Astana.
12. Financing of activities of prosecutor's office of the city of Astana is performed from the republican budget.
13. The prosecutor's office of the city of Astana is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of prosecutor's office of the city of Astana.
14. Main objectives of prosecutor's office of the city of Astana:
1) protection and recovery of rights and freedoms of man and citizen, legitimate interests of legal entities, societies and states;
2) identification and elimination of violations of legality, the reasons and conditions promoting them and also their effects;
3) coordination of activities of law enforcement and other state bodies for law enforcement, law and order and fight against crime;
4) other tasks determined by the law and acts of the President of the Republic of Kazakhstan.
15. Main functions of prosecutor's office of the city of Astana:
1) in the limits and procedure established by the law exercises the highest supervision of legality:
activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership, and also acts and decisions adopted by them;
enforcement proceeding and production on cases on administrative offenses;
activities of law enforcement and special state bodies in spheres: pre-judicial investigation, operational search and counterintelligence activities; execution of criminal penalties and application of other measures of the state coercion; observance of international treaties of the Republic of Kazakhstan;
other directions determined by the law;
2) represents the interests of the state in court on the bases and according to the procedure, the provided criminal procedure, civil procedural legislation and the legislation on administrative offenses;
3) on behalf of the state is performed by criminal prosecution according to the penal, criminal procedure legislation;
4) is coordinated by activities of law enforcement and other state bodies for law enforcement, law and order and fight against crime for the purpose of ensuring interaction of these bodies, mutual exchange of information and coordination of their actions in case of realization of general tasks;
5) other functions, stipulated by the legislation Republic of Kazakhstan.
16. Basic rights and obligations of prosecutor's office of the city of Astana.
The prosecutor's office of the city of Astana has the right:
1) to perform actions and to make proceeding decisions on the bases and according to the procedure, established by the criminal procedure law;
2) in cases and according to the procedure, stipulated by the legislation to request materials of operational search activities, case on administrative offenses, to receive from heads and other officials necessary documents, materials, statistical information and other data on condition of legality and the taken measures for its providing;
3) on the bases and according to the procedure, established by the law to participate in judicial session and to draw the conclusion on case, to request legal cases from court, to bring applications for revision of court resolutions;
4) according to the procedure, provided by the law to perform, involve specialists to participation in them and making the conclusions, and also to involve in implementation of checks of staff of other law enforcement agencies for safety and supervising activities;
5) to appoint examinations, to demand from authorized bodies of production of checks on the materials which arrived in prosecutor's office, addresses and to oblige to report about their results;
6) on the bases and according to the procedure, established by the legislation to get access to the data containing in the information systems and resources integrated with information exchange system of law enforcement, special state and other agencies;
7) concerning performed and the considered address to call official, physical persons and representatives of legal entities for receipt of explanations;
8) to require cancellation of the measures of prohibitive or restrictive nature imposed by officials, to suspend fully or partially the illegal act in the presence of the bases and according to the procedure, provided by the law;
9) to initiate and stop proceeedings about administrative offense according to the procedure, stipulated by the legislation about administrative offenses;
10) in the procedure established by the legislation to get access to the documents and materials connected with conducting checks;
11) to participate in development and consideration of projects of regulatory legal acts;
12) to cooperate with organizations of other states and the international organizations;
13) to participate in creation and enhancement of information systems in the field of legal statistics and special accounting for the purpose of law enforcement and law and order, fight against crime;
14) to perform other rights provided by the law.
The prosecutor's office of the city of Astana shall:
1) to protect the rights, freedoms and legitimate interests of man and citizen, society and state according to the competence;
2) in limits, stipulated by the legislation to submit on acquaintance to physical persons and legal entities documents and the materials connected with consideration of their addresses;
3) in the procedure established by the law for the prevention and identification of the violations of legality promoting them the reasons and conditions and also accountability of perpetrators to adopt acts of public prosecutor's reaction and acts of public prosecutor's supervision;
4) not to allow actions (failure to act) and adoption of the acts creating obstacles for normal functioning of the checked subjects;
5) to ensure safety of the documents and data received during check, observance of requirements of the legislation on the state secrets and other secret protected by the law;
6) without delay to exempt persons, illegally detainees and illegally containing in the places of detention, special facilities, organizations performing measures of forced nature, service premises;
7) to enhance the activities with priority of increase in trust of the population;
8) to carry out other obligations provided by the law.
17. Management of prosecutor's office of the city of Astana is performed of the prosecutor of the city of Astana who bears the personal responsibility for accomplishment of the tasks assigned to prosecutor's office of the city of Astana and implementation of the functions by it.
The prosecutor of the city of Astana has deputies.
18. The prosecutor of the city of Astana and its deputies are appointed to position and dismissed by the Attorney-General of the Republic of Kazakhstan according to the procedure, established by the legislation of the Republic of Kazakhstan.
19. Main powers of the prosecutor of the city of Astana:
1) will organize work of prosecutor's office of the city of Astana, directs its activities and subordinate prosecutor's offices;
2) is headed by Coordination council of the city of Astana on law enforcement, law and order and fight against crime;
3) without power of attorney acts on behalf of prosecutor's office of the city of Astana;
4) represents prosecutor's office of the city of Astana in relations with other state bodies, and also other organizations;
5) issues the orders, orders obligatory for all subordinate employees and workers;
6) makes decisions on other questions carried to its competence.
Execution of powers of the prosecutor of the city of Astana in the period of its absence is performed by one of deputies determined by the prosecutor of the city of Astana.
20. The prosecutor of the city of Astana determines powers of the deputies according to the current legislation.
21. The prosecutor's office of the city of Astana can have on the right of operational management the isolated property in cases, stipulated by the legislation.
The property of prosecutor's office of the city of Astana is created at the expense of the property transferred to it by the state and also the property (including cash incomes) acquired as a result of own activities and other sources which are not prohibited by the legislation of the Republic of Kazakhstan.
22. The property assigned to prosecutor's office of the city of Astana belongs to republican property.
23. The prosecutor's office of the city of Astana has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the means issued to it according to the plan of financing if other is not established by the legislation.
24. Reorganization and abolition of prosecutor's office of the city of Astana are performed according to the legislation of the Republic of Kazakhstan.
Appendix 2
to the Order of the Attorney-General of the Republic of Kazakhstan of November 3, 2017 No. 126
1. The prosecutor's office of the city of Almaty is territorial authority of the Prosecutor General's Office of the Republic of Kazakhstan, on behalf of the state performs the highest supervision of respecting the rule of law in the limits and forms established by the law, represents the interests of the state in court and on behalf of the state performs criminal prosecution.
2. The prosecutor's office of the city of Almaty has subordinate prosecutor's offices.
3. The prosecutor's office of the city of Almaty performs the activities according to the Constitution, international treaties and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, this Provision, and also other legal acts.
4. The prosecutor's office of the city of Almaty is legal entity in form of business of public institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.
5. The prosecutor's office of the city of Almaty enters the civil relations from own name.
6. The prosecutor's office of the city of Almaty has the right to act as the party of the civil relations on behalf of the state if she is authorized on it according to the legislation.
7. The prosecutor's office of the city of Almaty concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the prosecutor of the city of Almaty and other acts, stipulated by the legislation the Republic of Kazakhstan.
8. The structure and limit of the number of staff of prosecutor's office of the city of Almaty affirm according to the current legislation.
9. Legal address of prosecutor's office of the city of Almaty: Republic of Kazakhstan, city of Almaty, Ulitsa Zheltoksan, 189.
10. Full name of prosecutor's office of the city of Almaty - public institution "Prosecutor's office of the city of Almaty".
11. This Provision is the constituent document of prosecutor's office of the city of Almaty.
12. Financing of activities of prosecutor's office of the city of Almaty is performed from the republican budget.
13. The prosecutor's office of the city of Almaty is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of prosecutor's office of the city of Almaty.
14. Main objectives of prosecutor's office of the city of Almaty:
1) protection and recovery of rights and freedoms of man and citizen, legitimate interests of legal entities, societies and states;
2) identification and elimination of violations of legality, the reasons and conditions promoting them and also their effects;
3) coordination of activities of law enforcement and other state bodies for law enforcement, law and order and fight against crime;
4) other tasks determined by the law and acts of the President of the Republic of Kazakhstan.
15. Main functions of prosecutor's office of the city of Almaty:
1) in the limits and procedure established by the law exercises the highest supervision of legality:
activities of the state, local representative and executive bodies, local government bodies and their officials, other organizations irrespective of pattern of ownership, and also acts and decisions adopted by them;
enforcement proceeding and production on cases on administrative offenses;
activities of law enforcement and special state bodies in spheres: pre-judicial investigation, operational search and counterintelligence activities; execution of criminal penalties and application of other measures of the state coercion; observance of international treaties of the Republic of Kazakhstan;
other directions determined by the law;
2) represents the interests of the state in court on the bases and according to the procedure, the provided criminal procedure, civil procedural legislation and the legislation on administrative offenses;
3) on behalf of the state is performed by criminal prosecution according to the penal, criminal procedure legislation;
4) is coordinated by activities of law enforcement and other state bodies for law enforcement, law and order and fight against crime for the purpose of ensuring interaction of these bodies, mutual exchange of information and coordination of their actions in case of realization of general tasks;
5) other functions, stipulated by the legislation Republic of Kazakhstan.
16. Basic rights and obligations of prosecutor's office of the city of Almaty.
The prosecutor's office of the city of Almaty has the right:
1) to perform actions and to make proceeding decisions on the bases and according to the procedure, established by the criminal procedure law;
2) in cases and according to the procedure, stipulated by the legislation to request materials of operational search activities, case on administrative offenses, to receive from heads and other officials necessary documents, materials, statistical information and other data on condition of legality and the taken measures for its providing;
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The document ceased to be valid since January 20, 2023 according to Item 2 of the Order of the Attorney-General of the Republic of Kazakhstan of January 20, 2023 No. 37