ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of January 17, 2023 No. 29

About some questions of consideration of addresses and personal acceptance of physical persons and representatives of legal entities in bodies of prosecutor's office of the Republic of Kazakhstan

According to subitems 22) and 23) of Article 9, with articles 24 and 25 of the Constitutional law of the Republic of Kazakhstan "About prosecutor's office", I ORDER:

1. Approve:

1) the Instruction for consideration of addresses in bodies of prosecutor's office of the Republic of Kazakhstan according to appendix 1 to this order;

2) Rules of personal acceptance of physical persons and representatives of legal entities by officials of bodies of prosecutor's office of the Republic of Kazakhstan according to appendix 2 to this order.

2. Declare invalid some orders of the Attorney-General of the Republic of Kazakhstan, according to appendix 3 to this order.

3. To provide to structural division on work with addresses and clerical work of the Prosecutor General's Office of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of the copy of this order on official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

3) the direction of this order to heads of structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan, department, organizations and the organization of formation of prosecutor's office of the Republic of Kazakhstan, bodies of military and transport prosecutor's offices, to prosecutors of areas and prosecutors equated to them, the district and equated to them prosecutors for execution.

4. To impose control of execution of this order on heads of structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan, department, organizations and the organization of formation of prosecutor's office of the Republic of Kazakhstan, bodies of military and transport prosecutor's offices, prosecutors of areas and prosecutors equated to them, the district and equated to them prosecutors.

5. This order becomes effective after day of its first official publication.

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of January 17, 2023 No. 29

The instruction for consideration of addresses in bodies of prosecutor's office of the Republic of Kazakhstan

Chapter 1. General provisions

1. This Instruction for consideration of addresses in bodies of prosecutor's office of the Republic of Kazakhstan (further - the Instruction) is developed according to the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan "About prosecutor's office" (further - the Constitutional law), the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure), the Penitentiary code of the Republic of Kazakhstan (further - WICK), the Code of civil procedure of the Republic of Kazakhstan (further - GPK), the Code of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code), the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK), the Law of the Republic of Kazakhstan "About return to the state of illegally acquired assets" (further - the Law), other legal acts and disaggregates questions of consideration of addresses in bodies, departments, organizations and the organization of formation of prosecutor's office of the Republic of Kazakhstan (further - bodies of prosecutor's office).

2. In this Instruction the following basic concepts are used:

1) the statement – one of address forms containing the petition of the participant of ministerial procedure for assistance in realization of its rights, freedoms and legitimate interests or the rights, freedoms and legitimate interests of other persons;

2) the applicant – person who submitted the appeal to administrative authority, to the official for implementation of ministerial procedure and also person concerning whom the administrative act is adopted is made administrative action (failure to act) (the addressee of the administrative act);

3) the administrative act – the decision made by administrative authority, the official in the public relations, exercising the rights established by the laws of the Republic of Kazakhstan and obligation of certain person or individually certain group of people;

4) administrative authority – state body, local government body, the state legal entity, and also other organization which according to the laws of the Republic of Kazakhstan are given authority on adoption of the administrative act, making of administrative action (failure to act);

5) structural division of the Prosecutor General's Office of the Republic of Kazakhstan – the division provided in structure of the Prosecutor General's Office approved by the Presidential decree of the Republic of Kazakhstan of October 13, 2017 No. 563 "About some questions of bodies of prosecutor's office of the Republic of Kazakhstan";

6) primary address, the message, request, response and the offer – the address, the message, request, response and the offer on question which was not considered in this body of prosecutor's office earlier;

7) the address of the deputy (the deputy address) – the address of the deputy, official of Chambers of Parliament of the Republic of Kazakhstan which is not drawn up in the form of deputy request sent to bodies of prosecutor's office with request for consideration of the address, the message, the offer, response and the applicant's request, provision of information;

8) deputy request – officially the requirement of the deputy to officials of administrative authorities turned on joint and separate sitting of Chambers of Parliament of the Republic of Kazakhstan to make reasonable explanation at the session of Parliament or to state line item on the questions entering competence of this body or the official;

9) the address – the prosecutor's offices sent to bodies or to the official in written (paper and (or) electronic) or oral form, and also in the form of video conferencing, the video message the statement or the claim;

10) the duplicate of the address, the message, request, response, the offer – the copy or copy of the previous address, message, request, response and offer on the same question and for the benefit of the same person, the text and legal force having identical with the original;

11) the anonymous address, the message, the offer, response and request – the address, the message, the offer, response and request on which it is impossible to establish authorship and (or) are absent the signature, including the digital signature, the postal address of the applicant;

12) the repeated address, the message, the offer, response and request – the address, the message, request, response and the offer which arrived from the same person on the same question at least two times in which the decision made according to the previous address, the message, the offer, response and request is appealed is reported about untimely consideration of earlier sent appeal, messages, offers, response and request if since its receipt fixed term of consideration expired, but the decision (answer) is not received by the applicant, is pointed out other defects allowed by consideration and permission of the previous address;

13) the petition of the persons participating on criminal, civil cases and cases on administrative offenses, and also condemned persons (further – the petition) – the request for bringing of protest stated in writing on the court resolutions which took legal effect on criminal, civil cases and cases on administrative offenses, concerning parole, pardon of the convict;

14) the official – person who according to the laws of the Republic of Kazakhstan is given authority on adoption of the administrative act, making of administrative action (failure to act);

15) request – request of the participant of ministerial procedure for provision of information on the interesting questions of personal or public nature;

16) the offer – the recommendation of the participant of ministerial procedure about enhancement of the laws and other regulatory legal acts of the Republic of Kazakhstan, activities of state bodies, development of the public relations, improvement social and economic and other fields of activity of the state and society;

17) response – expression by the participant of ministerial procedure of the relation to carried out by the state to domestic and foreign policy, and also to events and the phenomena of public nature;

18) the message – the notification the participant of ministerial procedure about violation of the laws and other regulatory legal acts of the Republic of Kazakhstan, shortcomings of work of state bodies, local government bodies, legal entities with absolute participation of the state and their officials;

19) the claim – one of address forms containing the requirement of the participant of ministerial procedure about recovery or protection of the rights, freedoms or its legitimate interests or other faces which were violated by the administrative act, administrative action (failure to act).

3. Provisions of this Instruction extend to addresses, messages, offers, responses and requests including which arrived from Administration of the President of the Republic of Kazakhstan, administrative authorities, political parties and other organizations and also for deputy requests and addresses.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info