ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of June 12, 2026 No. 90

About introduction of amendments to the order of the Attorney-General of the Republic of Kazakhstan of January 17, 2023 No. 32 "About some questions of the organization of public prosecutor's supervision"

I ORDER:

1. Bring in the order of the Attorney-General of the Republic of Kazakhstan of January 17, 2023 No. 32 "About some questions of the organization of public prosecutor's supervision" (it is registered in the Register of state registration of regulatory legal acts for No. 31753) the following changes:

3) of Item 1 to state the subitem in the following edition:

"3) the Instruction on the organization of representation of interests of the state in court, supervision of legality of the court resolutions which took legal effect on civil, administrative cases, cases on administrative offenses and enforcement proceeding, according to appendix 3 to this order;";

be reworded as follows appendix 3 according to appendix to this order.

2. To provide to service on protection of public concerns 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 this order on Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan.

3. Send this order to heads of structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan, departments, organizations and the organization of formation of prosecutor's office, the Main thing to military and transport prosecutors, prosecutors of the capital, areas, cities of republican value, military prosecutors of regions and garrisons, district transport prosecutors, district, interdistrict and city prosecutors.

4. To impose control of execution of this order on the supervising deputy attorney general of the Republic of Kazakhstan.

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

Appendix

to the Order Attorney-General of the Republic of Kazakhstan of June 12, 2026 No. 90

Appendix 3

to the Order of the Attorney-General of the Republic of Kazakhstan of January 17, 2023 No. 32

The instruction on the organization of representation of interests of the state in court, supervision of legality of the court resolutions which took legal effect on civil, administrative cases, cases on administrative offenses and enforcement proceeding

Chapter 1. General provisions

1. This Instruction on the organization of representation of interests of the state in court, supervision of legality of the court resolutions which took legal effect on civil, administrative cases, cases on administrative offenses and enforcement proceeding (further - the Instruction) is developed according to the Constitutional law of the Republic of Kazakhstan "About prosecutor's office" (further - the Constitutional law).

2. The highest supervision of legality of the court resolutions which took legal effect on civil, administrative cases, cases on administrative offenses and enforcement proceeding on behalf of the state is performed by the Attorney-General of the Republic of Kazakhstan (further - the Attorney-General) as it is direct, and through the prosecutors subordinated to it.

3. Tasks of supervision are:

1) ensuring protection of the constitutional and protected by the law other rights, freedoms and interests of citizens, the state and legal entities;

2) strict respect for the principles of administration of law;

3) identification and elimination of violations of legality, the reasons and conditions promoting them and also their effects;

4) strengthening of legality and law and order, prevention of offenses.

4. For the purpose of effective implementation of supervising functions and rapid response to legality violations prosecutors in the activities use the Information exchange system of law enforcement and special bodies and other information systems of the Prosecutor General's Office of the Republic of Kazakhstan (further - the Prosecutor General's Office).

Chapter 2. Representation of interests of the state in court on civil and administrative cases

5. Representing the interests of the state in courts on civil and administrative cases, the prosecutor performs the powers according to the Constitutional law, the Code of civil procedure of the Republic of Kazakhstan (further - GPK), the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK), other laws of the Republic of Kazakhstan and this Instruction.

6. Prosecutors enter process on civil cases:

1) infringing on interests of the state;

2) when protection of public concerns or persons who owing to physical, mental and other circumstances cannot independently perform protection of the rights, freedoms and legitimate interests is required;

3) when it is recognized as necessary court;

4) about deprivation of the parent rights;

5) about the placement of the minor to the special organization of education or the organization of education with specific mode of content;

6) about adoption (adoption) of children, about cancellation of adoption of the child, about adoption recognition by invalid.

7. Prosecutors enter process on administrative cases:

1) following from the tax, customs, budget relations, the relations in the field of protection, recovery and preserving the environment, use and reproduction of natural resources when implementing the economic and other activity connected with use of natural resources and impact on the environment;

2) about appeal of actions (failure to act) of the state legal executive in case of execution of executive documents on collection from the state and in the income of the state;

3) connected with protection of the voting rights of the citizens and public associations participating in elections, national referendum;

4) when the administrative act, administrative action (failure to act) can limit the rights, freedoms and legitimate interests of persons which owing to physical, mental and other circumstances cannot independently perform their protection or the unrestricted group of people;

5) when need of participation of the prosecutor is acknowledged as court.

According to part two of article 2 APPK in case of contradiction between regulations of APPK and the Constitutional law provisions of the Constitutional law are effective.

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