Unofficial translation
Footnote. Abolished by the Order of the Prosecutor General of the Republic of Kazakhstan dated January 17, 2023 No. 29 (effective after the day of its first official publication).To ensure efficient performance of personal reception of individuals and representatives of legal entities and consideration of their appeals in the bodies, departments, establishments and educational institutions of the prosecutor's office of the Republic of Kazakhstan, in accordance with subparagraph 6) of article 37 of the Law of the Republic of Kazakhstan dated June 30, 2017 “On Prosecutor's office” I hereby ORDER:
1. To approve the attached Rules of personal reception of individuals and representatives of legal entities by officials of the prosecution bodies of the Republic of Kazakhstan.
2. Prosecutors of regions, districts and equated to them prosecutors, heads of departments, establishments and educational institutions of the prosecutor's office of the Republic of Kazakhstan shall:
1) provide the necessary conditions enabling personal reception of individuals and representatives of legal entities by the heads of bodies, departments, institutions and educational organizations of the prosecutor's office of the Republic of Kazakhstan, develop a schedule for admission, identify employees responsible for organizing personal reception, publish their contact numbers and schedule of reception in the media;
2) ensure appropriate reception and consideration of applications from individuals and representatives of legal entities in the manner and terms established by the Administrative Procedural Code of the Republic of Kazakhstan.
Footnote. Paragraph 2 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).3. The structural unit for work with appeals and records of the General Prosecutor's Office of the Republic of Kazakhstan shall:
1) provide the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, direct a copy thereof in paper and electronic form in the Kazakh and Russian languages to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this order on the Internet resource of the General Prosecutor's Office of the Republic of Kazakhstan.
4. Control over the execution of this order shall be assigned to the office of the General Prosecutor of the Republic of Kazakhstan, heads of departments, establishments and educational institutions of the prosecutor's office, prosecutors of oblasts and equated to them prosecutors.
5. This order shall be directed to the heads of structural divisions of the General Prosecutor's Office of the Republic of Kazakhstan, departments, institutions and educational organizations of the prosecutor's office, prosecutors of oblasts, districts and equated to them prosecutors.
6. This order shall be enforced from the day of its first official publication.
|
Prosecutor General of the Republic of Kazakhstan |
Zh. Asanov |
| Approved by order No. 87 of the Prosecutor General of the Republic of Kazakhstan dated August 24, 2017 |
RULES
of personal reception of individuals and representatives of legal entities by officials of the
prosecution bodies of the Republic of Kazakhstan
Chapter 1. General Provisions
1. The rules for the personal reception of individuals and representatives of legal entities by officials of the prosecutor's office of the Republic of Kazakhstan have been developed in accordance with the Criminal Procedure Code of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan on Administrative Offenses, the Civil Procedure Code of the Republic of Kazakhstan, the Administrative Procedure and Procedure Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On the Prosecutor’s Office" and shall regulate the procedure for the personal reception of individuals and representatives of legal entities in the bodies, departments, institutions and educational organizations of the prosecutor’s office of the Republic of Kazakhstan" (hereinafter referred to as the Prosecutor’s office).
Footnote. Paragraph 1 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).2. Personal reception of individuals and representatives of legal entities (hereinafter -reception) shall be carried out by the following officials of the prosecution bodies: the Prosecutor General of the Republic of Kazakhstan, his deputies, heads of structural units of the Prosecutor General’s office, prosecutors of the oblasts and equated to them prosecutors, their deputies, heads of structural units of prosecutor's offices of oblasts and equated to them prosecutors, heads of departments, establishments and educational institutions of the prosecutor’s office of the Republic of Kazakhstan, their deputies, prosecutors of oblasts and equated to them prosecutors, their deputies, also employees of the prosecutor's office authorized to carry out the reception.
3. Admission to the Prosecutor General, his deputies, prosecutors of oblasts and equated to them prosecutors, heads of departments, establishments and educational institutions of the prosecutor's office of the Republic of Kazakhstan, their deputies is by prior appointment, also on their delegation.
Appointments shall be recorded by the staff responsible for organizing the reception, daily on working days from 9.00 to 18.30 on the electronic applications from the egov.kz portal, paper-based applications and applications received by the Call Center of the General Prosecutor's Office.
Applications to the Call Center for personal appointments shall be accepted in the presence of information on the authority to submit applications, if they are submitted in the interests of third parties.
Application for a personal reception, which does not state the subject of the request, shall be returned to the person who submitted it without consideration.
If necessary, organization of the reception is delegated to lower-ranking prosecution bodies.
Footnote. Clause 3 as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).4. Employees of the prosecutor's office authorized to carry out a reception, shall carry out receptions daily in the working hours from 9.00 to 18.30 according to the schedules approved by the heads of the prosecution bodies.
5. Admission schedules, indicating full name of the official, admission days shall be displayed in the premises of the prosecutor's office in the national and Russian languages in places accessible for general viewing, also on their official sites.
6. In the buildings of internal affairs bodies, penitentiary and special institutions (pre-trial detention facilities, temporary detention facilities, special detention centers, distribution centers, guardhouses), citizens shall be received by duty prosecutors according to the approved schedule, which is displayed in the buildings of the institutions.
7. Reception of foreign nationals and stateless persons shall be carried out in accordance with the Instructions for ensuring security regime in the Republic of Kazakhstan, approved by resolution No. 390-16s of the Government of the Republic of Kazakhstan dated March 14, 2000, Rules for access and intra-facility regimes in the administrative buildings of the bodies, departments and institutions of the prosecutor's office of the Republic of Kazakhstan, approved by joint order No. 11 of the Prosecutor General of the Republic of Kazakhstan dated May 6, 2017 and No. 75 of the Minister of Internal Affairs of the Republic of Kazakhstan dated April 29, 2017 (registered in the Register of State Registration of Regulatory Legal acts under No. 15218).
If necessary, the reception of foreign nationals and stateless persons is carried out with participation of an interpreter.
Applications from foreign nationals and stateless persons submitted at the reception shall be examined in the manner prescribed by the legislation of the Republic of Kazakhstan, unless other rules for their consideration are provided for by international treaties ratified by the Republic of Kazakhstan.
8. For nonresident visitors the heads of the structural divisions of regional and equated to them prosecutor's offices, departments, institutions and educational organizations of the prosecutor's office of the Republic of Kazakhstan, district and equated to them prosecutors shall provide full opportunities for their admission on the application day, regardless of the current schedule.
9. Reception shall be made in the order of applications sequence. Participants of the Great Patriotic War, persons equated with them, people with disabilities, pregnant women, holders of the orders of "Altyn Kyran", titles "Halyk Kaharmany", "Kazakstannyn Enbek Erі" shall be admitted in priority order.
10. At the reception, an individual or representative of a legal entity shall present an identity document, and when applying on behalf of other persons - documents proving authority to represent their interests.
11. With the consent of the applicants, reception by the Prosecutor General and his/her deputies, heads of structural divisions of the General Prosecutor's Office, regional prosecutors and prosecutors equated to them, heads of departments, institutions and educational organizations of the prosecutor's office, their deputies, district and equivalent prosecutors, their deputies, and also by prosecutors authorized to carry out reception, shall be carried out via videoconferencing.
In cases of the introduction of a state of emergency, restrictive measures (including quarantine) or other circumstances related to ensuring the safety of individuals and representatives of legal entities, reception shall be carried out exclusively through video conferencing.
Footnote. Paragraph 11 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).12. The prosecutor’s office servants authorized to make the reception shall take all necessary measures to verify the applicant's arguments, including through video conferencing, in accordance with their competence.
Heads of structural divisions, departments, institutions and educational organizations of the General Prosecutor's Office, oblast prosecutors and equated to them prosecutors, their deputies, heads of structural divisions of oblast and equated to them prosecutors, district prosecutors and equated to them prosecutors, their deputies shall assist these servants in the reception of the applicant.
Chapter 2. Procedure for admission to the General Prosecutor's Office
13. The Prosecutor General and his deputies shall hold receptions at least once a month in accordance with the approved schedule.
14. The heads of the structural units of the General Prosecutor's Office shall conduct a reception as necessary.
15. Preliminary appointment with the Prosecutor General, his/her deputies and organization of the reception shall be carried out by the structural unit for work with appeals and office work of the Prosecutor General's Office (hereinafter referred to as the Center) after studying the documents and correspondence submitted by the applicant.
Structural divisions, three working days before the deadline for consideration of applications for an appointment, shall provide the Center with a certificate on the merits of the applicant's issue.
Footnote. Paragraph 15 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).16. Appointments to the Prosecutor General and his deputies shall be made daily, except holidays, weekends, and end five working days before the appointment.
17. No appointment shall be made with the Prosecutor General:
1) on matters outside the competence of the prosecution authorities in accordance with Article 21 of the Law of the Republic of Kazakhstan “On Prosecutor's Office”;
2) for persons previously admitted or who were given a response of the Prosecutor General on the same issue;
3) if the consideration of appeals in accordance with the part 1 of Article 106 of the Code of Criminal Procedure of the Republic of Kazakhstan is within the competence of the courts, also on criminal cases referred to the court;
4) in case of missing the deadline for cassation appeal of judicial acts;
5) when contesting judicial acts in cases not provided for by part 2 of Article 54 of the Civil Procedure Code of the Republic of Kazakhstan;
6) in appeal of judicial acts that are not subject to review by cassation in cases provided for by part 7 of Article 429, part 2 of Article 434 of the Civil Procedure Code of the Republic of Kazakhstan and part 2 of Article 484 of the Code of Criminal Procedure of the Republic of Kazakhstan.
Footnote. Clause 17 as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).18. In the cases specified in paragraph 17 of these Rules and statutory regulations of the Republic of Kazakhstan, an authorized employee of the Center shall provide applicants with a relevant explanation.
Footnote. Clause 18 is in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).19. The decision on preliminary appointment with the Prosecutor General shall be made in coordination with the relevant departments of the Prosecutor General’s office in the following events:
1) petitions for lodging a protest against judicial acts of local and other courts of the Republic of Kazakhstan that have taken legal effect and were not appealed on cassation;
2) re-appeal, in which new arguments or newly discovered circumstances are given;
3) applications for lodging a protest against the ruling of the Supreme Court of the Republic of Kazakhstan, under Article 494 of the Criminal Procedure Code of the Republic of Kazakhstan, Article 451 of the Civil Procedure Code of the Republic of Kazakhstan and Article 851 of the Administrative Offenses Code.
20. After the preliminary appointment was made, the list of persons booked for appointment with the Prosecutor General shall be directed to the heads of the relevant structural units of the Prosecutor General's Office to request the cases, prepare informational memos and report to the Prosecutor General.
Structural units of the Prosecutor General’s Office shall direct informational memos to the Center three working days before the appointment on appeals of the persons, who have booked an appointment with the Prosecutor General.
Footnote. Clause 20 as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).21. Requirements of the authorized employees of the Center for provision of materials necessary for organizing a reception, report to the Prosecutor General, analysis and generalization of the practice of holding a reception shall be mandatory for the structural units of the Prosecutor General’s office.
Footnote. Clause 21 as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).22. Preliminary appointments with deputy Prosecutors General shall be made on matters directly related to their competence, also on behalf of the Prosecutor General.
Footnote. Paragraph 22 as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).23. No appointment shall be made to deputy Prosecutors General:
1) for persons previously admitted on the same subject by the Prosecutor General or his deputy;
2) if a response was given by the Prosecutor General or his deputy to the appeal on the same subject;
3) for persons who have not exercised the right of independent appeal to the court of cassation, except for application by the persons listed in part 1 of Article 112 of the Civil Procedure Code of the Republic of Kazakhstan;
4) on the grounds provided for in subparagraphs 1), 3), 4), 5) and 6) of paragraph 17 of these Rules.
24. In the events provided for by paragraph 23 of these Rules and statutory regulations of the Republic of Kazakhstan, an authorized employee of the Center shall give the applicants an appropriate explanation.
Footnote. Paragraph 24 as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).25. After the preliminary appointment was booked, the relevant structural units shall direct to assistants of the Deputy Prosecutor General the list of persons booked for appointment with the Deputy Prosecutors General, also informational memos, a day before the start of the appointment, to study them and make a report.
Footnote. Clause 25 as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication). Chapter 3. Procedure for admission to regional and equated to them prosecutor's offices,
departments, institutions and educational organizations of the prosecutor's office of the
Republic of Kazakhstan
26. Prosecutors of the regions (oblasts) and equivalent prosecutors, heads of departments, institutions, educational organizations of the prosecutor's office and their deputies shall hold receptions at least once a week in accordance with the approved schedule.
27. Preliminary appointment with the prosecutor of the region and equated to him prosecutor, the head of the department, institution and educational organization of the prosecutor's office and their deputies shall be made on issues that are directly related to their competence, also on behalf of the Prosecutor General.
If necessary, oblast and equivalent prosecutors, heads of departments, institutions and educational organizations of the prosecutor's office can delegate the reception of applicants to their deputies.
Footnote. Clause 27 is in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).28. The heads of structural units of regional and equated prosecutor's offices, departments, institutions and educational organizations of the prosecutor's office, senior assistants (assistants) of regional and equated prosecutors shall hold the reception of individuals and representatives of legal entities as necessary.
29. Prosecutors of oblasts and equated prosecutors, heads of departments, institutions and educational organizations of the prosecutor's office, their deputies may hold on-site receptions with visits to settlements, enterprises, institutions and organizations.
30. Preliminary booking of individuals and representatives of legal entities for an appointment with the prosecutor of the region and the prosecutor equated to him, the head of the department, institution and educational organization of the prosecutor’s office, their deputies, and also organization of the reception shall be carried out by the employees who are charged with this responsibility, after studying the documents and correspondence submitted by the applicant.
31. No appointment shall be made with the prosecutor of the region and equated to him prosecutor, the head of the department, institution, educational organization of the prosecutor's office and their deputies:
1) for persons previously admitted on the same subject by the regional prosecutor, an equated to him prosecutor, the head of the department, institution, educational organization of the prosecutor’s office, except when the reception of the applicants was delegated by the Prosecutor General’s office;
2) when contesting judicial acts on cases pending in the court, also actions of the judges during consideration of the cases;
3) on the grounds provided for in subparagraphs 1), 3), 4), 5) and 6) of paragraph 17 of these Rules.
Footnote. Paragraph 32 as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).32. In the cases provided for in paragraph 31 of these Rules, the responsible officer entrusted with this duty shall give individuals and representatives of legal entities an appropriate explanation.
33. Upon receipt of a repeated appeal, in which new arguments or newly discovered circumstances are presented, a preliminary appointment shall be made with the prosecutor of the region, an equal prosecutor, the head of the department, institution, educational organization of the prosecutor’s office in coordination with the relevant structural unit of the prosecutor’s office, department, institution, educational organization of the prosecutor’s office.
34. Preliminary registration of individuals and representatives of legal entities for an appointment with the prosecutor of the region and equated to him prosecutor, the head of the department, institution, educational organization of the prosecutor's office, their deputies shall be conducted daily, except holidays, weekends, and shall end one working day before the reception.
35. After the preliminary appointment is made, the list of persons booked for an appointment with the prosecutor of the region, the prosecutor equated to him, the head of the department, institution, educational organization of the prosecutor's office, their deputies, shall be directed to the heads of the respective structural units for the preparation of informational memo and a report.
36. Requirements of the officer, responsible for organizing the reception for provision of supervisory proceedings necessary for the reception, report to the prosecutor of the region, the prosecutor equated to him, the head of the department, institution, educational organization of the prosecutor's office and their deputies, analysis and generalization of the reception practice shall be mandatory for structural units.
Chapter 4. Procedure for admission to the district and equated to them prosecutor's offices
37. District and equated to them prosecutors, their deputies, shall hold receptions without prior appointment daily during working hours.
38. District and equated to them prosecutors, their deputies may visit settlements, enterprises, institutions and organizations to hold receptions there.
Public reception by duty prosecutors in the internal affairs bodies, in penitentiary and special institutions (pre-trial detention centers, temporary detention centers, special detention centers, detention rooms, guardhouses) shall be held at least once a week.
39. Non-admission of applicants in district and equated to them prosecutor’s office shall not be allowed.
Footnote. Clause 39 is in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).Chapter 4-1. The order of reception by prosecutors authorized to carry out the reception
Footnote. The heading of chapter 4-1 is as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).
Footnote. The rules are supplemented by Chapter 4-1 in accordance with the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).
39-1. Prosecutors authorized to carry out reception shall ensure the organization of the reception of applicants, and consideration of their applications, and shall also advise on legal issues.
Reception shall be carried out in a specially designated room - the Citizen Reception Center.
Footnote. Paragraph 39-1 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).39-2. Reception shall be carried out by prosecutors authorized to carry out reception during working hours.
Footnote. Paragraph 39-2 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).39-3. Reception shall be organized on electronic queue.
39-4. Reception shall be carried out by prosecutors authorized to carry out reception in the state and Russian languages, at the request of the applicant.
Footnote. Paragraph 39-4 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).39-5. The actions of the prosecutor authorized to carry out the reception shall be recorded in the information system "Automated Workplace "Citizen Reception Center" (hereinafter referred to as the AW "CRC").
Footnote. Paragraph 39-5 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).39-6. A written request accepted during the reception is subject to registration and consideration in the manner prescribed by the legislation of the Republic of Kazakhstan.
The content of the oral appeal shall be entered into the AW "CRC".
If the facts and circumstances stated in the oral appeal do not require additional verification, the response to the appeal, with the consent of the applicant, shall be provided orally during the reception, about which a corresponding entry shall be made in the AW "CRC".
In necessary cases, the applicants shall be given oral explanations of the legislation of the Republic of Kazakhstan.
Footnote. Paragraph 39-6 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).39-7. If the application does not contain information sufficient to resolve it, or it is not possible to understand the essence of the issue, the prosecutor authorized to carry out the reception, during the reception, shall explain to the applicant the requirements for the appeal and offer him/her to fill in the missing data.
Footnote. Paragraph 39-7 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).39-8. The prosecutors authorized to carry out the reception, if there are grounds, shall invite employees of the structural subdivisions of the prosecutor's office to the applicants or coordinate with the relevant officials on the time and place of the reception.
Footnote. Paragraph 39-8 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 08.10.2021 No. 132 (shall come into effect after the day of its first official publication).Chapter 5. Records, registration and consideration of appeals received from the reception
40. Appeals received from the reception shall be scanned and registered in the Unified Information and Analysis System of the Prosecutor's Office (hereinafter - the UIAS). On the appeals the mark “from personal reception” is put.
41. All written appeals received from the reception, shall be referred after the registration to the respective officials for consideration and preparation of the response to the applicants.
At the instruction of the official who conducted the reception or at the written request of the applicant, individuals and representatives of legal entities are entitled to personally participate in consideration of the appeal, and also provide additional materials in verification of their appeal.
42. It shall not be allowed to entrust consideration of an appeal to the employee to whom it was previously permitted.
Upon consideration results of the appeal from the reception, the applicant shall be given a substantiated written response signed by the official who conducted the reception.
When making a decision on satisfaction of the appeal, the response may be given by a lower-ranking official, which shall be reported to the official who conducted the reception.
Deputy Prosecutors General, heads of structural units of the Prosecutor General’s Office, prosecutors of oblasts, districts and equated to them prosecutors, their deputies, with the invitation of the applicants, shall personally explain the grounds for refusal to satisfy applications received from the reception, if necessary, using video conferencing.
In cases where the applicant is unable to appear in person at the prosecutor's office, he/she shall be duly notified (by registered mail or using other means of communication fixing the notice) of the decision made on his appeal.
Footnote. Clause 42 as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated March 29, 2018 No. 42 (shall be enforced upon expiry of ten calendar days after the day its first official publication).43. Accounting of appeals and control of the timing of consideration on appeals received from the reception shall be carried out in the General Prosecutor's Office – by senior assistant to the Prosecutor General, in regional and equivalent prosecutor's offices, in the departments, institutions and educational organizations of the prosecutor's office, in district and equivalent prosecutor's offices – by employees assigned to this duty.
The final substantiated response to the applicant shall be the ground for discontinuing supervision over the appeal received from the reception.
In the General Prosecutor's Office, registration of the accepted individuals and representatives of legal entities in the UIAS shall be maintained by an expert of the department for work with appeals and records, in the prosecutor's offices of oblasts and equated prosecutor's offices, in the departments, institutions, educational organizations of the prosecutor's office, district and equivalent prosecutor's offices – by persons who are entrusted with this duty.
