Legal Regulation of Prosecutor's Supervision over the Law Implementation on the Rights of Orphans’ and Children Left Without Parental Care Protection in Russia and Kazakhstan (Comparative Legal Analysis)


Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Abstract

The article provides a comparative legal analysis of laws and by-laws regulating the prosecutor's supervision implementation over the implementation of laws on the protection and implementation of the rights and legitimate orphans and children left without parental interest’s care in Russia and Kazakhstan, the prosecutor's office powers to carry out this supervision. The legislative consolidation features of the prosecutor's employee’s powers in the field under consideration and the regulatory factors affecting the prosecutor's supervision implementation are revealed. The problems in legal regulation are formulated, their solution ways are proposed and the main directions of improving prosecutor's supervision in the studied area are revealed.

Full Text

Restricted Access

About the authors

Ernat Mukhametkalievich Sybankulov

Main Transport Prosecutors Office of the Republic of Kazakhstan

Email: sybankulovernat@mail.ru
Main Transport Prosecutor of the Republic of Kazakhstan Nur-Sultan city, Kazakhstan

References

  1. The Constitution of the Russian Federation, December 12, 1993 (with amendments and additions as of July 21, 2014) / / "Rossiyskaya Gazeta" of December 25, 1993
  2. The Constitution of the Republic of Kazakhstan, August 30, 1995 (with amendments and additions as of March 23, 2019) / / Kazakhstanskaya Pravda. - 1995. - №8.
  3. The Family Code of the Russian Federation, December 29, 1995 (with amendments and additions as of 29.05.2019) / / The Collection of legislation of the Russian Federation, January 1, 1996.
  4. The Code of the Republic of Kazakhstan on Marriage (Matrimony) and the family,December 26, 2011 // Vedomosti of the Parliament of the Republic of Kazakhstan, 2011, December, No. 22 (2599), Article 174
  5. Federal Law "On the Prosecutor's Office of the Russian Federation", January 17, 1992 (with amendments and additions as of December 27, 2018) / / SZ RF. 1995. No. 47. St. 4472
  6. Federal Law" On additional guarantees for the social support of orphans and children left without parental care ", December 21, 1996. (with amendments and additions as of August 3, 2018) / / Collection of legislation of the Russian Federation, December 23, 1996 N 52 Article 5880
  7. Federal Law "On Guardianship and Guardianship" of April 24, 2008 (with amendments and additions as of May 29, 2019) / / Collection of Legislation of the Russian Federation, April 28, 2008 N 17, Article 1755.
  8. The law of the Republic of Kazakhstan "About Prosecutor's office" of June 30, 2017 (with amendments and additions, January 21, 2019.) // "Kazakhstanskaya Pravda" dated July 3, 2017, № 125 (28504)
  9. The law of the Republic of Kazakhstan "On the rights of the child" dated August 8, 2002 (with amendments and additions as of 01.04.2019 g) // Bulletin of the Parliament of Kazakhstan, 2002, No. 17, article 154
  10. Instructions on the organization of supervision over the legality of the state activities, local representative and executive bodies, local self-government bodies and their officials, other organizations, regardless of the ownership form, as well as acts and decisions adopted by them, judicial acts that have entered into legal force, enforcement proceedings, representation of the interests of the state in court in civil and administrative cases. Approved by the Order of the Prosecutor General of the Republic of Kazakhstan No. 60 dated May 2, 2018. / / Inf. the system "Reference control Bank of regulatory and legal Republic of Kazakhstan acts the in electronic form" May 28, 2018.
  11. Instructions on the representation organization of the state in court interests the and supervision of the judicial acts legality that have entered into force in criminal cases. Appendix to the order of the General Prosecutor of the Republic of Kazakhstan dated September 6, 2018 [Electronic resource]. The official website of the General Prosecutor's Office of the Republic of Kazakhstan. http://prokuror.gov.kz/rus
  12. Instructions on the supervision organization over the criminal prosecution legality. Approved by the order of the Prosecutor General of the Republic of Kazakhstan dated May 2, 2018, dated February 12, 2018 [Electronic resource]: https://online.zakon.kz/Document/?doc_id=34293654
  13. Rules for conducting an analysis of the legality by the Prosecutor's office and evaluating acts and decisions of the Government, other state, local representative and executive bodies, local self-government bodies and Their officials, as well as other organizations. By order of the Gen.Prosecutor's Office of the Republic of Kazakhstan dated May 2, 2018 / / Information system "Reference control Bank of regulatory, legal acts of the Republic of Kazakhstan in electronic form" May 28, 2018.
  14. Order of the Prosecutor General of the Russian Federation No. 188 of November 26, 2007 "On the organization of prosecutor's supervision over the laws implementation on minors and youth" / / Legality. - 2008. - No. 2.
  15. Order of the Prosecutor General of the Russian Federation of December 7, 2007, with amendments and additions of June 21, 2016 "On the organization of prosecutor's supervision over the execution of laws, observance of human and civil rights and freedoms" // Legality. - 2008. - № 3.
  16. Order of the Prosecutor General of the Russian Federation of March 17, 2017 "On some issues of the organization of prosecutor's supervision in connection with the adoption of the Federal Law of March 7, 2017 "On amendments to the Federal Law "On the Prosecutor's Office of the Russian Federation" // Legality. - 2017. - No. 7.
  17. Order of the Prosecutor General of the Republic of Kazakhstan No. 25 dated April 15, 2019 "On approval of the Instructions on providing legal statistical information". [Electronic resource]: http://adilet.zan.kz/rus/docs/Z17000-00081#z982
  18. The order of the Gen. Prosecutor of the Republic of Kazakhstan dated January 26, 2016 No. 13 "On approval of the Rules for registration of acts on appointment, additional acts on extending the terms of inspection and preventive control and supervision with a visit to the subject (object) of control and supervision and their cancellation, notifications on suspension, resumption, extension of the terms of inspection and preventive control and supervision with a visit to the subject (object) of control and supervision, changes in the composition of participants and submission of information accounting documents on verification and preventive control and supervision with a visit to the subject (object) of control and supervision and their results" [Electronic resource]: http://adilet.zan.kz/rus/ search/docs/

Supplementary files

Supplementary Files
Action
1. JATS XML

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies