New type of state management

General Prosecutor Office of Kazakhstan proposed to reduce number of its powers

General Prosecutor Office of Kazakhstan offered to amend the Constitution of the Republic of Kazakhstan on reducing a number of powers, having transferred them to judicial system. This was announced by First Deputy Prosecutor General of Kazakhstan Johan Merkel at a meeting in the Senate.
Nur-Sultan01 March , 17:38

"We suggest some of our powers to give to the judicial system. Speaking on administrative cases, we essentially became degree of jurisdiction. All cases and complaints go through us. We take out protests and it is a huge amount of authority. We are forced even to deal with speedometers, minor traffic accidents. We intend to continue reducing our participation in civil cases, and there is a private dispute. Probably, prosecutors should be involved where there are interests of the state and socially vulnerable segments of the population. It is clear that our people are got used to go to prosecutors, as is easier: they will come and check, someone will punish, establish justice, but if we are committed to the OECD standards, all the same it should be done", - J. Merkel said.

As the representative of GPO informed, all the cases relating to the socio-economic sphere, which come to the Prosecutor's Office will be considered in 3 cases.

"The first is when the state agency conducted testing, but the citizen is not satisfied; the second - if there is a conflict of interest, and the third - if there is an order of the Head of State. This is what concerning socio-economic sphere", - J. Merkel reported.

He also said that as a part of the Civil Procedure Code, there are issues of enforcement proceedings.

"Now the most part of execution goes through private legal executives, and they essentially sign a contract with the citizen, and there the state has nothing to do as a prosecutor too. If they aren't satisfied with it, you have to go to court and put the point. According to enforcement proceedings, prosecutors will be interested in questions of wages, alimony, and all those cases where there are interests of the state", - J. Merkel said.

As the Chairman of GPO, regarding to the criminal procedure legislation, in his opinion, it is proposed to give a part powers to the judicial system.

"For example, the institution of the investigative judge actually took place, everybody knows about it, he has fairly wide powers, but the situation develops in such a way that for the last year on actions of the investigators we had considered 25 thousand complaints, and courts around 1400. Why not do so, that if the prosecutor refused, he went to the investigating judge, which would put an end, at least at the level of an appeal. But now we have such situation that a large number of cases are traveling across the country. Imagine 25 thousand cases consistently moving from district to the region, and then to the republic, then goes to appeal through the Court and Prosecutor's Office. We wish that the law on the Prosecutor's Office, and criminal proceedings were more oriented to people", - J. Merkel concluded.

Kairat Zhandybaev




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