CONSTITUTIONAL COURT OF THE REPUBLIC OF KAZAKHSTAN ABOUT REPRESENTATION OF INTERESTS BY THE PROSECUTOR'S OFFICE STATES IN THE COURT OF INVESTIGATIVE

The authors, who are experts of the Constitutional Court of the Republic of Kazakhstan, presented an expert legal opinion on the petition of the Prosecutor General of the Republic of Kazakhstan on the interpretation of paragraph 6 of the operative part of the normative resolution of the Constitutional Council of the Republic “On the official interpretation of paragraph 1 of Article 4, paragraph 1 of Article 14, subparagraph 3) of paragraph 3 of Article 77 , paragraph 1 of Article 79 and paragraph 1 of Article 83 of the Constitution of the Republic of Kazakhstan” dated March 6, 1997 No. 3. In the petition, the Prosecutor General of the Republic of Kazakhstan asked for an interpretation of paragraph 6 of the normative resolution of the Constitutional Council of the Republic of Kazakhstan dated March 6, 1997 No. 3 in the context of the exclusive competence of the prosecutor's office to represent the interests of the state in court when exercising supreme supervision over the legality of the pre-trial investigation. The authors of the article analyzed international legal standards and principles, norms of the Constitution of the Republic of Kazakhstan, Kazakh and foreign criminal procedural legislation, studied law enforcement practice and foreign experience, and special legal literature. We present our scientifically substantiated conclusions, legal positions and legislative proposals aimed at the doctrinal interpretation of the concept, essence, system, the most significant features and subject of representation by the prosecutor's office in the investigative court of the interests of the state when exercising supreme supervision over the legality of the pre-trial investigation. On May 29, 2024, the Constitutional Court of the Republic of Kazakhstan adopted normative resolution No. 45-NP, which, based on the systemic relationship of constitutionally defined areas of activity of the prosecutor’s office in relation to the pre-trial investigation stage, indicates the exclusivity of the constitutional function of the prosecutor’s office to represent the interests of the state in court when considering cases initiated by pre-trial authorities investigation of issues of authorization of investigative actions and measures of criminal procedural coercion related to the restriction of constitutional human rights and freedoms.