ON THE POWERS OF THE PROSECUTOR IN CIVIL PROCEEDINGS OF KAZAKHSTAN
DOI:
https://doi.org/10.1063546/2ge06972Keywords:
civil proceedings, the powers of the prosecutor, the limits of prosecutorial supervision, the forms of participation of the prosecutor, the independence of the court and the judge, the adversarial nature of the process, the ratio of substantive and civil procedural law, dispositivityAbstract
The article explores the powers of the prosecutor in civil proceedings, with a focus on the exercise of their supervisory functions through the lens of the history of the prosecutor's office system's development. The powers of the prosecutor are differentiated based on the various stages of Kazakhstan's transformation, particularly the country's economic and social conditions.
The article outlines the functioning of the prosecutor's office during different historical periods:
-
When Kazakhstan was part of the Russian Empire,
-
During the Soviet period,
-
In the years of Independence (from the 1990s to the constitutional reform of 2017),
-
Between the constitutional reforms of 2017 and 2022,
-
After the constitutional reforms of 2022.
Using a historical approach, the article reveals how prosecutorial supervision was influenced by the political will of the authorities during specific periods in Kazakhstan's development. This influence is reflected in the country's legislation, including civil procedure law.
The analysis of modern legislation leads to the conclusion that there is a need to improve the role of the prosecutor in civil proceedings. This is addressed through specific proposals in the final part of the article.
Open content is licensed under the CC-BY 