|Title of the article
PROSECUTOR'S OFFICE DEVELOPMENT IN THE SYSTEM OF STATEHOOD OF KAZAKHSTAN
Akhmetova Aliya Bakhytzhanovna, Postgraduate student, Penza State University (40 Krasnaya street, Penza, Russia), firstname.lastname@example.org
Background. Topicality of the research is defined by its scientific-theoretical and practical importance. In the scientific-theoretical plan the subject is topical in respect of studying of the foreign experience in development of the institution of the prosecutor's office, especially in countries which have entered the Commonwealth of the Independent States. At the practical level the topicality of the subject is defined by the need to improve the legislation concerning the increase of a role of the prosecutor's office in law-enforcement and law and order. Besides, the institution of the prosecutor's office of the Republic of Kazakhstan is insufficiently investigated in the Russian jurisprudence.
Materials and methods. Realization of the research tasks was reached on the basis of the study and analysis of the Constitution and the legislation of the Republic of Kazakhstan on the prosecutor's office during the period after 1991 and till the present date. In the course of the problem study by the author the following methods of scientific research were used: historical and legal, comparative and legal, legallistic, logical, analysis and synthesis.
Results. During the problem study by the author three stages in development of the constitutional and legal bases of the prosecutor's office in the Republic of Kazakhstan were revealed: 1991–1995; 1995–2002; after 2002. In the article the characteristic of each stag is given, their features are revealed, tendencies of development of the legislation on the prosecutor's office are tracked.
Conclusions. In the course of the research it is established that the prosecutor's office of the Republic of Kazakhstan owing to changes in the legislation appeared to be the most adapted for the established form of the state in the Republic of Kazakhstan. It incorporated positive sides of organization and activity of the prosecutor's offices in other states, first of all in those countries which were a part of the Commonwealth of the Independent States. The peculiarity of the prosecutor's office in the Republic of Kazakhstan was that it became an important element of all checks and balances between government branches, an effective tool in hands of the President of the Republic of Kazakhstan in implementation of his functions as the guarantor of the Republican Constitution, the human and citizen rights and freedoms. All changes in the legislation on the prosecutor's office, its development that took place at three stages, went in the direction of growth of its role in law-enforcement and law and order over the whole territory of the Republic of Kazakhstan.
prosecutor's office, legality, law and order, prosecutor's office functions, principles of organization of prosecutor's office.
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1. Bakhtybaev I. Zh. Kontseptual'nye osnovy deyatel'nosti prokuratury Respubliki Kazakhstan po obespecheniyu zakonnosti [Conceptual framework of the prosecutor’s office activity in legality provision in the Republic of Kazakhstan]. Almaty: Zhepzharey, 2008, 887 p.
2. Vedomosti Verkhovnogo Soveta Kazakhskoy SSR [Proceedings of the Supreme COuncil of the Kazakh SSR]. 1991, no. 48–50, art. 615.
3. Vedomosti Verkhovnogo Soveta Respubliki Kazakhstan [Proceedings of the Supreme Council of the Republic of Kazakhstan]. 1992, no. 5, art. 163.
4. Vedomosti Verkhovnogo Soveta Respubliki Kazakhstan [Proceedings of the Supreme Council of the Republic of Kazakhstan]. 1993, no. 3, art. 204.
5. Sobranie aktov Prezidenta i Pravitel'stva Respubliki Kazakhstan [Collected acts of the President and the Government of the Republic of Kazakhstan]. 1994, no. 8, art. 91.
6. Zakon Respubliki Kazakhstan ot 9 avgusta 2002 g. «O vnesenii izmeneniy i dopolneniy v nekotorye zakonodatel'nye akty Respubliki Kazakhstan po voprosam prokurorskogo nadzora» [The law of the Republic of Kazakhstan from 9 August 2002 “On introduction of amendments and supplements into certain legislative acts of the Republic of Kazakhstant on prosecutor’s supervision”]. Available at: www zakon.kz.
7. Kazakhstanskaya Pravda [Kazakhstan truth]. 2001, 23 january.
8. Kotov A. K., Kotov A. A. Pravovaya reforma v Kazakhstane [Legal reform in Kazakhstant].
2004, no. 4, pp. 3–8.
9. Kazakhstanskaya pravda [Kazakhstan truth]. 2007, 22 may.
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