Place and Function of the Prosecutor’s Office of the Republic of Kazakhstan within a System of Division of Powers

Abstract

Introduction Constitution of the of Kazakhstan of 1995 stipulated the system of state bodies, established legal framework of activity of the Prosecutor's of RK, which according to the para. 1 of the Article 83 of the Constitution of the of Kazakhstan behalf of the state exercise the highest supervision over exact and uniform application of law, the decrees of the President of the of Kazakhstan and other regulatory legal acts on the territory of the Republic, legality of preliminary investigation, inquest and inspection, administrative and executive legal procedure; and take measures for exposure and elimination of any violations of the law, as well as the appeal of laws and other regulatory legal acts contradicting the Constitution and laws of the Republic. Procurator's office of the represent interests of the state in court as well as conduct criminal prosecution in cases, using procedures and within the limits, stipulated by law. Para. 2 Article 83 of the Constitution established the structure of the Prosecutor's the of Kazakhstan, stipulating that the Prosecutor's of RK shall be a unified centralized system with subordination of junior procurators to their seniors and the Procurator General of the Republic. It exercise its authorities independently of other state bodies and officials and be accountable to the President of the Republic (4). A. Problems of Definition of the Place of the Prosecutor's within a State Mechanism and the System of Power Division 1. Norms on the Prosecutor's in the Section VII of the Constitution of RK and In this regard a question arises as to the place of the Prosecutor's of the of Kazakhstan within a state mechanism and the system of power division. In the first years after the Constitution of RK was adopted some scholars noted the of the norms on the Prosecutor's into the Section VII and Justice of the Constitution of the of Kazakhstan does not correspond to the state purpose and the place of the Prosecutor's within system of state bodies. Taking into account constitutional powers, it appears necessary to separate within the Constitution the norms on the Prosecutor's into an individual section. A less effective alternative is changing the title of the Section VII of the Constitution to and Prosecutor's Office (5). same idea was described in the works of I.Zh. Bakhtybaev, who, pointing out argumentativeness of placement of Constitutional norms on the status and activity of the Prosecutor's of RK into the Section and Justice, states following: The place and role of the Prosecutor's within the system of state agencies on provision of constitutional legitimacy reasonably call for the need of creation of a separate Section, regulating the status of the Prosecutor's Office, within the Constitution of the or of changing of VII Section title to and Prosecutor's Office (6). Similar approaches can be found in works of modern scholars pointing to disputable nature of place of the Prosecutor's within the system of power division, as well as of belonging of the Article 83 of the Constitution (containing the provisions of the Prosecutor's Office) to the Section VII of the Constitution of RK and lustice. Observation of strict and uniform application of laws, Presidential decrees of the of Kazakhstan and other regulatory legal acts in the territory of the of Kazakhstan cannot be regarded as rationale for including of constitutional provisions on the Prosecutor's of the of Kazakhstan into the Section VII of the Constitution of RK and Justice. Prosecutor's can observe, but not administer justice, as the latter is done by the Court only (7). …