PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of May 20, 2008 No. 595

About approval of the Regulations on service in bodies of prosecutor's office of the Republic of Kazakhstan and the text of the Oath of staff of bodies of prosecutor's office of the Republic of Kazakhstan

According to Item 11 of article 48 of the Law of the Republic of Kazakhstan of December 21, 1995 "About Prosecutor's office" I DECIDE:

1. Approve enclosed:

1) Regulations on service in bodies of prosecutor's office of the Republic of Kazakhstan (appendix 1);

2) text of the Oath of staff of bodies of prosecutor's office of the Republic of Kazakhstan (appendix 2).

2. To impose control of execution of this Decree on Administration of the President of the Republic of Kazakhstan.

3. This Decree becomes effective from the date of signing.

Appendix 1

Approved by the Presidential decree of the Republic of Kazakhstan of May 20, 2008 No. 595

Regulations on service in bodies of prosecutor's office of the Republic of Kazakhstan

This Provision determines procedure for service in bodies of prosecutor's office by the persons certified to positions of prosecutors, and certified by the employees of the scientific organizations and organizations of formation of prosecutor's office who are directly conducting research or teaching work (daleesotrudnik of bodies of prosecutor's office).

The service in bodies of prosecutor's office is special type of public service. The legal basis of service in bodies of prosecutor's office the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About Prosecutor's office" constitute, other legal acts of the Republic of Kazakhstan, this Provision, other regulatory legal acts of the Republic of Kazakhstan, and also orders of the Attorney-General of the Republic of Kazakhstan (further - the Attorney-General).

Chapter 1. Acceptance in bodies of prosecutor's office

1. To positions of staff of bodies of prosecutor's office citizens of the Republic of Kazakhstan, for health reasons suitable for service in bodies of prosecutor's office, having, as a rule, the higher education are accepted.

The citizens having the higher legal education, having necessary moral and business qualities fit for health reasons for service in bodies of prosecutor's office, who underwent obligatory special testing can be appointed prosecutors. In case of their position assignment the probation period can be established.

The validity of the citizen for health reasons to service in bodies of prosecutor's office is confirmed by the military-medical commission which procedure for passing is determined by authorized bodies.

In case of revenues to service the citizen represents data from tax authority at the place of residence about delivery to bodies of prosecutor's office to them and the spouse (spouse) of the declaration on the income and about the property which is the taxation object.

Non-presentation or misstatement of the specified data is the basis for refusal in acceptance on service in bodies of prosecutor's office.

Revenues to service in bodies of prosecutor's office are performed on condition of preliminary request in republican data center about personnel of government employees.

Acceptance on service in the Prosecutor General's Office is performed by orders of the Attorney-General, in the Main Military Procuracy, in prosecutor's offices of areas and prosecutor's offices equated to them, in the scientific organizations and the organizations of formation of prosecutor's office - orders of their heads, except for persons appointed to positions by the Attorney-General.

2. The procedure for passing of military service in bodies of military prosecutor's office is determined by the laws of the Republic of Kazakhstan "About conscription and military service", "About the status and social protection of the military personnel and members of their families", "About Prosecutor's office", other regulatory legal acts and this Provision.

The validity to military service in bodies of military prosecutor's office shall be confirmed with the military-medical commissions according to the procedure, determined by the Rules of conducting military-medical examination in Armed Forces, other troops and military forming of the Republic of Kazakhstan approved by the Government of the Republic of Kazakhstan.

3. Person for the first time appointed to position in bodies of prosecutor's office takes the oath which text affirms the President of the Republic of Kazakhstan.

The oath is taken in a festive atmosphere according to the procedure, determined by the Attorney-General.

4. To positions of prosecutors of areas and the prosecutors equated to them (further - prosecutors of areas), the district, city and equated to them prosecutors (further - prosecutors of areas and cities) persons not more young than 25 years having service length in bodies of prosecutor's office at least three years are designated.

Prosecutors of areas, areas, cities are appointed the Attorney-General for a period of five years. Appointments to positions of prosecutors of areas are made by the Attorney-General with the consent of the President of the Republic of Kazakhstan.

Not later than month before the end of five-year term of office of prosecutors of areas and cities the higher prosecutor makes to the Attorney-General the offer on appointment of the prosecutor of the area or city for new term or its movement of other position.

Appointments of prosecutors of areas to new term are performed by the Attorney-General in coordination with the President of the Republic of Kazakhstan.

5. In bodies of prosecutor's office person cannot be employed:

1) recognized as court in accordance with the established procedure incapacitated or it is limited by capable;

2) recognized unusable to service for health reasons according to the conclusion of the military-medical commission;

3) refused to assume the restrictions established by the law for the purpose of non-admission of actions which can lead to use of their status and the authority on private, group and other not office interests based on it;

4) which within three years before revenues to service in bodies of prosecutor's office was brought to disciplinary responsibility for making of corruption offense, except for authority punishment in the form of dismissal;

On 5) within year before revenues to service in which bodies of prosecutor's office administrative punishment for intentional offense was imposed judicially;

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