Public prosecuting attorney supervision in the system of State Control of the Republic of Kazakhstan

Authors

  • B.A. Taitorina

Keywords:

Office of Public Prosecutor, Republic of Kazakhstan, public prosecutor's supervision, state control, Constitution, specificity, state-legal institute, problem, constitutional legislation

Abstract

This article based on the analysis of the constitutional and legal foundations of the status of the prosecutor's office of the Republic of Kazakhstan, the development of prosecutor's supervision in the conditions of the modernization of the Constitution, its problem aspects were revealed in the process of implementing constitutional requirements, and the necessity of its constitutionalization is substantiated. Specificity of prosecutorial supervision gives grounds to characterize this state-legal institution as going beyond the scope of control activity. Prosecutor’s supervision is characterized as the main type of higher state control over the implementation of laws by participants in legal relations, extends to representative bodies of power, to all executive authorities, to courts (in a specific form). The article actualizes the problem of necessity to separate in a separate section of the Constitution of the Republic of Kazakhstan the norms regulating the legal status of the prosecutor's office. It is proposed to provide in the constitutional legislation the right to address the Attorney General of the Republic of Kazakhstan to the Constitutional Council on matters of constitutionality of laws and other normative legal acts, to expand the circle of subjects of appeal to the body of constitutional control.

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Published

2018-12-30

Issue

Section

CONSTITUTIONAL AND INTERNATIONAL LAW