4.1 Main idea
The main idea is to look into the procuracy aspect with regard to its role in supervising over both the administrative and executive proceedings in Kazakhstan.
4.2 Definition and sources of law (Procuracy supervision over administrative procedure)
Procuracy supervision over administrative procedure refers to the oversight role by procuracy in administrative proceedings. Main sources of law include Law on Procuracy, Chapter 2, Articles 5 and 13; Vinokurov Textbook, Chapter 12.7, pages 341-349.
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4.3 Supervision over administrative proceedings
Procuracy seeks to ensure the coordination of activities by administrative agencies in fighting against crime especially concerning the criminological capacity of prosecution. In its objectives, first is to provide for precise and unified application of the laws on administrative offences on administrative proceeding and defining penalty for administrative offence. Secondly, to restore the violated rights and freedoms of man and citizen, officials and legal entities when administrative law is applied. Thirdly, to secure the right of citizens to appeal any act of administrative proceedings. Finally, to apply measures to persons breaching the legality of the administrative proceedings.
The main forms of supervision include demanding from authorized bodies documents, materials and cases on administrative proceedings. Consideration of complaints on actions and decisions of the officials and bodies who have authority to consider cases on administrative offences and to apply penalties. Supervising legality and justification of administrative penalties application. Actively participating in the proceedings on administrative offences and supervising execution of administrative penalties. Bringing to responsibility officials admitting violations of citizens’ rights and freedoms, lawful interests of legal entities and state. Others include initiating administrative proceedings for administrative offences and other forms of actions as provided by the law.
Mandatory participation in administrative proceedings applies where it concerns juveniles or it can lead to an arrest. Similarly, when mandated by the decision of the superior procurator. When proceeding is initiated by procurator and where administrative case relates to corruption. Likewise, in relation to violation of elective rights and nature protection law. Next, where the administrative case relates to taxation and the customs regulations. Where proceedings can lead to confiscation of property, where it can lead to extradition and where it can lead to destruction of a real estate property. Finally, where proceedings appeal for action or non-action of an official on administrative case.
Acts of procurator to supervise legality of administrative proceedings include bringing a protest on resolution on administrative proceeding case to the court. Giving instructions on inspection to the authorized bodies (except for courts). Demanding inspections by authorized bodies in the subordinate organizations. Terminating administrative proceedings in cases and suspending execution of the administrative proceeding resolutions. Adopting resolution on terminations of administrative responsibility of an unlawfully charged person. Adopting resolution to eliminate prohibition measures that violate rights and lawful interests of individuals, legal entities and/or state. Finally, adopting resolution on initiating administrative proceedings on administrative offences.
4.4 Definition and main sources of law (Supervision over execution procedures)
Supervision over execution procedures refers to the various activities of procuracy that constantly look into the legality of execution of the court acts on civil, criminal, and administrative cases as well as legality of detention, arrest, stay of convicts in the places of freedom restriction and serving compulsory restrictive measures. Main sources include The Criminal-Execution Code of the RK No. 234; Law on the RK on Execution Procedure and Status Court Executioners No. 261; Instruction of Procurator General of the RK on Procuracy Supervision over Execution Procedure No. 79; Vinokurov Textbook, Chapter 11, pages 249-283.
4.5 Supervision over executive proceedings
Procurator carries out supervision over legality of stay in the places of freedom restriction when serving the term or other compulsory measures imposed by the court. Secondly, compliance with the norms and conditions of stay of the convicts in the places of freedom restriction set by the legislation, as well as provision of the rights and freedoms of the convicts. Thirdly, legality of execution of criminal punishments that are not related to freedom restriction, and fourthly, legality of execution of the court’s rulings on criminal, civil and administrative cases.
The scope of inspection includes supervision over the Isolation Unit the Investigative Isolation Unit, supervision over compliance with the law in the penitentiary facilities, special state correctional and medical-correctional institutions. Supervision over compliance with the rights and freedoms of convicts and inmates of the penitentiary facilities. Regarding compliance with the law in places of confinement. Concerning execution of criminal punishments that are not stipulated by imprisonment. As regards parole of convicts and persons released from prisons. Finally, supervision over execution of the decisions of the courts on criminal, civil or administrative proceedings.
Authorities of procurator in securing legality of execution cover various aspects such as demanding precise and unified implementation of Constitution, international treaties and the laws of the RK for individuals placed under arrest and convicts. Terminating and reviewing any case on execution procedure to protect rights and freedoms of a citizen, state interests, and execution cases on procurator’s applications and suits. Visiting with the purpose of inspection any place of freedom restriction imposed by courts. Summoning individuals under arrest, under compulsory measures of restriction and convicts. Ceasing and reviewing documents detailing the basis of an individual’s detention, arrest, conviction or imposition of compulsory restrictive measures. Immediately freeing any person illegally held under detention, arrest or under compulsory restrictive measures. Annulling any disciplinary measures imposed in violation of the law. Finally, giving sanctions to organizations that supervise execution of the criminal punishment.
4.6 Conclusion
The procuracy fills an important role in supervising both administrative and execution proceedings. Through safeguarding the rights of citizens, arrested individuals, convicts and other groups in society, procurator enhances lawful coexistence. Through supervising the legality of administrative proceedings , procurators protest various resolutions in the interest of justice. As such, procuracy effectively safeguards state and personal interests within the confines of law.
