Prosecutor's Office of the Kyrgyz Republic

In accordance with Article 104 of the Constitution of the Kyrgyz Republic :

The prosecutor's office makes up a single system, which is entrusted with:

1) supervision of the exact and uniform execution of laws by executive authorities, as well as other state bodies, the list of which is determined by constitutional law, local authorities and officials of these bodies;

2) supervision of the observance of laws by bodies engaged in operational-search activities, investigation;

3) supervision of compliance with laws in the execution of judicial decisions in criminal matters, as well as in the application of coercive measures related to the restriction of personal freedom of citizens;

4) representation of the interests of a citizen or the state in court in cases specified by law;

5) the maintenance of state charges in court;

6) the initiation of criminal cases against officials of state bodies, the list of which is determined by constitutional law, with the transfer of cases for investigation to the relevant authorities, as well as the criminal prosecution of persons with the status of military personnel.

On October 14, 1924, the II session of the All-Russian Central Executive Committee approved the provision on national demarcation , the Kyrgyz people had the right to secede from the Turkestan ASSR and form the Kara-Kyrgyz Autonomous Region as part of the RSFSR. The autonomous region included 4 districts (Pishpek, Karakol-Naryn, Jalal-Abad and Osh) and 75 volosts. For the temporary management of the autonomous region, the Presidium of the All-Russian Central Executive Committee on October 21, 1924 and the IV Extraordinary Session of the CEC of the Turk Republic on November 18, 1924 decided to form the Revolutionary Committee of the Kara-Kyrgyz Autonomous Region. By a resolution of the Presidium of the Revolutionary Committee of the Autonomy on November 22, 1924, a prosecutor’s office was formed. This date is officially considered the birthday of the prosecution authorities of the republic. The regional prosecutor's office was organized on November 29, 1924. In 1924-1925, the following local prosecutor's offices were formed: - December 1, 1924 - the District Prosecutor's Office in the Osh District; - January 7, 1925 - District prosecutor's office in the Karakol-Naryn district; - May 5, 1925 - District prosecutor's office in Pishpek district. According to archival data, Mikhail Petrovich Beznosikov was appointed the first prosecutor of the Kara-Kyrgyz Autonomous Region (11.29.1924 - 02.15.1925). Initially, the prosecutor's office in the Kara-Kyrgyz Autonomous Region was in the system of the People’s Commissariat of Justice. On May 25, 1925, the Kara-Kyrgyz Autonomous Region was renamed the Kyrgyz Autonomous Region, in connection with which the prosecutor's office began to be called the prosecutor's office of the Kyrgyz Autonomous Region. In these years, the prosecutor's office was entrusted with the functions of: supervising on behalf of the state the legality of the actions of all authorities, economic institutions, public, private organizations and individuals by initiating criminal prosecution of those guilty and protesting decisions that violate the law; direct monitoring of the activities of investigative bodies of inquiry in the field of crime detection, as well as the activities of bodies of the State Political Administration; maintaining charges in court; monitoring the correct detention of detainees; maintaining close ties with the masses of workers; legal protection of women. In these years, due to the insignificance of the personnel, the prosecutor's office of the Kyrgyz Autonomous Region had to limit its monitoring mainly of decisions in the sense of the correct application of the law of the regional and district centers. On February 1, 1926, in connection with the formation of the Kyrgyz Autonomous Republic, the regional prosecutor's office of the Kyrgyz Autonomous Region was reorganized into the prosecutor's office of the Kyrgyz Autonomous Soviet Socialist Republic, which also remained subordinate to the People’s Commissariat of Justice. The prosecutor's office of the Kyrgyz Autonomous Soviet Socialist Republic included the prosecutor's offices of regions and districts. The functions of the prosecutor's office included: - the introduction of an investigation in criminal matters; - supervision of courts and police; - analysis of complaints and statements of workers. During this period, the Soviet prosecutor's office was a system of state bodies called upon to oversee compliance with socialist legality, to supervise and direct the activities of the preliminary investigation bodies, and to support prosecution on behalf of the state in court. She had her main duty to monitor the accurate and steady implementation of Soviet laws by both institutions and officials, as well as individual citizens, to wage a decisive fight against all cases of violation of the law, no matter who these violations were committed. In 1929, the leadership of the republic was closely confronted with the question of the need to organize legal courses, and, after that, the law school. At the end of the year, legal courses were opened for the training and retraining of personnel for the judicial investigative bodies of the republic with a six-month training period. Their acquisition was accompanied by considerable difficulties. It was assumed that 15 practitioners and 15 nominee activists from workers, peasants and employees will become cadets. But all difficulties were overcome, and in June 1930 the first graduates of the courses were sent to practical judicial investigative and prosecutorial work. In 1934, short-term courses were transformed into a permanent one-year law school under the People's Commissariat of the Kyrgyz SSR. In 1935, her first graduation was directed to work by district prosecutors, people's judges, people's investigators, members of the college of defenders, and bailiffs. In the same period, the structure of the People’s Commissariat of Justice, the Main Court and the prosecutor’s office of the republic underwent some organizational changes. If earlier the People’s Commissar of Justice was also the Prosecutor of the Republic, then since 1931 the first deputy People’s Commissar of Justice simultaneously became the Prosecutor. The prosecutor’s office of the Kyrgyz Autonomous Soviet Socialist Republic played an important role in establishing common law on its territory, strengthening general supervision, combating domestic crimes, liberating women, protecting the rights and interests of workers, and conducting such important economic and social events as land - and water management, in conducting land and water reform, settling of nomads, participation of the working masses in the political life of the Kyrgyz Autonomous Soviet Socialist Republic. This is evidenced by archival materials, literary sources. On June 20, 1933, the Prosecutor's Office of the USSR was formed. The prosecutor’s office of the Kyrgyz Autonomous Soviet Socialist Republic was reorganized into the prosecutor’s office of the Kyrgyz SSR on August 1, 1936, in connection with the transfer on July 20, 1936 to the USSR prosecutor’s office from all people's commissars of justice of the union republics of all prosecutor’s and investigative bodies.

The functions of the prosecution authorities of the Kyrgyz SSR were: - supervision of the enforcement of laws by institutions, organizations, officials and citizens of the USSR; - supervision of the implementation of laws in the activities of bodies of inquiry and preliminary investigation; - Supervision of the legality and validity of sentences, decisions, rulings and decisions of the judiciary; - supervision of compliance with the rule of law in prisons. On November 30, 1979, the Law on the USSR Prosecutor's Office was passed, which for the first time legally enshrined the fact that the prosecution authorities compose a single and centralized system — the USSR prosecutor’s office, headed by the USSR Prosecutor General, with subordinate subordinate prosecutors to higher ones. The prosecutor's office of the Kyrgyz SSR, as an integral part of a single and centralized system of the prosecutor's office of the USSR, performed vital tasks. The activities of the prosecution authorities of the Kyrgyz SSR were fully subordinate to the requirements, guidelines, and directives of the USSR Prosecutor's Office in accordance with its basic principles - unity and centralization. The prosecution authorities of the Kyrgyz SSR fought for the safety of public property, property of collective farms and other cooperative organizations, as well as citizens. The prosecution authorities paid great attention to the consideration of complaints and statements of citizens, organizations. After the adoption of the fourth Constitution of the USSR in 1977, the prosecutor's office was entrusted with the duty to supervise not only the precise, but also uniform execution of laws. Moreover, the supreme supervision was assigned not only to the General, but also to all subordinate prosecutors within their competence, which was not in the previous Basic Law. From the very first day of its formation as a sovereign state, the Kyrgyz Republic began to strengthen the constitutional system and legal system, an inseparable element of which is the prosecutor's office. In December 1993, a preliminary discussion of the draft Law on the Prosecutor's Office of the Kyrgyz Republic was held in a standing commission of the Jogorku Kenesh and it was recommended that discussion of the draft Law on the Prosecutor's Office be included in the agenda of the upcoming parliamentary session. The previously developed draft law on the prosecutor's office did not reflect the needs of the day, the tasks of transitioning to a market economy, building a rule of law state, therefore, the draft law was not included in the agenda of the parliamentary session. The draft Law on the Prosecutor's Office of the Kyrgyz Republic was amended and supplemented, and in December 1993 it was adopted by the Jogorku Kenesh, becoming the normative act on the prosecutor's office of Kyrgyzstan. The law was a major step in stabilizing the system, formalizing its state and legal status, introducing certainty into its supervisory powers. In 2009, the Law of the Kyrgyz Republic “On the Prosecutor's Office” was adopted. This law created additional conditions for increasing the efficiency of the prosecutor's office in the implementation of the policies of the sovereign Kyrgyz state. In the Law of the Kyrgyz Republic “On the Prosecutor's Office” adopted in 2012, the priority is to determine the function of oversight of the observance of human and civil rights and freedoms.

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