Approved by the order of the
Prosecutor General of the
Republic of Kazakhstan
No. 14 of February 3, 2021
CHARTER
of the State institution “Law Enforcement Academy under
the Prosecutor General’s Office of the Republic of Kazakhstan”
Chapter 1. General Provisions
1. The State institution «Law Enforcement Academy under the Prosecutor General’s Office of the Republic of Kazakhstan» (hereinafter – Academy) is a non-profit organization, possessing the status of a legal entity, established in the organizational and legal form of a public institution.
2. Type of state institution: republican.
3. The Academy was established by the Decree of the President of the Republic of Kazakhstan of May 4, 2015 No. 15.
4. The Academy is an organization of education that has a special status that is a part of the system of the Prosecutor’s Office of the Republic of Kazakhstan.
5. The Academy in its activities is guided by the Constitution of the Republic of Kazakhstan, laws, acts of the President of the Republic of Kazakhstan and other regulatory legal acts, as well as this Charter.
6. The founder of the Academy is the state institution “General Prosecutor’s Office of the Republic of Kazakhstan” (hereinafter — the General Prosecutor’s Office).
7. The Prosecutor General’s Office of the Republic of Kazakhstan (hereinafter – the Prosecutor General’s Office) is the authorized body exercising general management and functions of the subject of state property right in relation to the Academy.
8. The structure and staffing of the Academy are approved by the Prosecutor General of the Republic of Kazakhstan (hereinafter – the Prosecutor General).
9. Full and short name, abbreviation of the Academy:
in the state language – “Қазақстан Республикасы Бас прокуратурасының жанындағы Құқық қорғау органдары академиясы” мемлекеттік мекемесі; “Құқық қорғау органдары академиясы”; “ҚОА”;
in Russian – государственное учреждение «Академия правоохранительных органов при Генеральной прокуратуре Республики Казахстан»; «Академия правоохранительных органов»; «АПО»;
in English – State institution «Law Enforcement Academy under the Prosecutor General’s Office of the Republic of Kazakhstan»; «Law Enforcement Academy»; «LEA».
10. Location of the Academy:
The Republic of Kazakhstan, 021804, Akmola region, Tselinograd district, village of Kosshy, Republic street, 16.
Chapter 2. The legal status of the Academy
11. The Academy has its own balance sheet, stamps with its name, letterheads, symbols, as well as accounts in the treasury and banks in accordance with the legislation of the Republic of Kazakhstan, including in foreign currency.
12. The Academy has the right to establish branches and representative offices
13. The Academy is responsible for its obligations to the money at its disposal. With its insufficiency, the responsibility of its obligations is borne by the Prosecutor General’s Office.
14. The Academy enters into civil-law relations on its own behalf in the manner prescribed by the legislation of the Republic of Kazakhstan.
15. Civil-law transactions concluded by the Academy, within the limits of approved individual financing plans for obligations and payments, are subject to registration in accordance with the procedure established by the legislation of the Republic of Kazakhstan. Under contractual obligations, the Academy’s responsibility comes within approved individual financing plans for obligations and payments for the maintenance of the Academy in accordance with the legislation of the Republic of Kazakhstan.
Chapter 3. The purpose and objectives of the Academy
16. Object of the Academy’s activities:
1) improving the professional level of law enforcement officers, including those who are in the Presidential Reserve of the law enforcement authorities of the Republic of Kazakhstan;
2) initial professional training for persons entering the service of law enforcement agencies for the first time;
3) coordination and conduct of interdepartmental scientific research in the field of law enforcement;
4) implementation of postgraduate education programs.
17. Purposes of the Academy’s activities:
1) meeting the needs of law enforcement agencies for highly qualified specialists;
2) meeting the intellectual and professional development needs of law enforcement officers;
3) the development of scientific methods of new ways to solve problematic issues of law and order.
18. To achieve its purposes, the Academy carries out the following activities:
1) provision of educational services to law enforcement officers, employees of state bodies, persons entering the service of law enforcement agencies for the first time;
2) defining common approaches to the organization and conduct of interdepartmental scientific research;
3) implementation of interdepartmental scientific research;
4) scientific and methodological support for the activities of law enforcement agencies;
5) participation in standard-setting activities;
6) provision of paid services in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;
7) participation in competitions of scientific, scientific and technical projects and programs financed from the state budget and other sources not prohibited by the legislation of the Republic of Kazakhstan;
8) cooperation and interaction with state bodies, scientific, educational, specialized organizations and institutions in the implementation of research, educational and methodological activities;
9) development and implementation of international cooperation in the scientific and educational sphere;
10) publishing and printing;
11) development, implementation, maintenance and development of software products and Internet resources aimed at automating the educational process, scientific research, library and other activities of the Academy;
12) other types of activities in accordance with the legislation of the Republic of Kazakhstan.
19. The Academy is not entitled to carry out activities, as well as to make transactions that do not meet its subject matter and goals set out in this charter.
20. A transaction made by the Academy in contradiction with the objectives of its activities, specifically limited by the laws of the Republic of Kazakhstan or the constituent documents, or in violation of the statutory competence of its head, may be declared invalid at the request of: the authorized body of the relevant industry, the authorized body for state property, the local executive body, the office of the akim of a town of district significance, village, settlement, rural district, prosecutor.
Chapter 4. Managing the Academy
21. The general administration of the Academy is carried out by the Prosecutor General’s Office (authorized body).
22. The authorized body, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, performs the following functions:
1) assigns property to the Academy;
2) exercises control over the safety of the Academy’s property;
3) approves the Academy’s funding plan;
4) approves the Charter of the Academy, making changes and additions to it;
5) approves the structure and staffing of the Academy within the established staffing level;
6) determines the rights, duties and responsibilities of the rector of the Academy, the grounds for his dismissal from his post, unless otherwise provided by the legislation of the Republic of Kazakhstan;
7) on the recommendation of the Rector of the Academy, appoints and dismisses his deputies (vice-rectors), unless otherwise provided by the legislation of the Republic of Kazakhstan;
8) approves the annual financial statements;
9) exercise other powers in accordance with this Charter and other legislation of the Republic of Kazakhstan.
23. The Rector of the Academy is appointed and dismissed in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
24. The Rector of the Academy organizes and directs the work of the Academy, reports directly to the Prosecutor General and is personally responsible for the performance of the tasks assigned to the Academy and the performance of its functions.
25. The Rector of the Academy acts on the principles of unity of command and independently decides on the issues of the Academy’s activities in accordance with his competence, determined by the legislation of the Republic of Kazakhstan and this Charter.
26. Rector of the Academy in accordance with the procedure established by law:
1) acts on behalf of the Academy without a power of attorney;
2) represents the interests of the Academy in state bodies and other organizations;
3) enters into contracts;
4) issues power of attorney;
5) approves the Academy’s plans for business trips, internships, training of employees in Kazakhstan and foreign training centers and other types of professional development of employees;
6) opens bank accounts;
7) employs, relocates, transfers and dismisses employees, employees of the Academy, except for employees appointed by the Prosecutor General;
8) determine the duties and terms of reference of their deputies (vice-rectors) and other senior staff of the Academy;
9) submit to the Prosecutor General for approval the structure and staffing of the Academy within the established staffing level;
10) approves the Academy’s work plans, regulations on the Academy’s structural divisions;
11) make proposals to the Prosecutor General on improving educational, research, financial and economic activities and strengthening material and technical support;
12) issues orders, orders and other organizational and administrative acts that are mandatory for all employees, administrative civil servants (hereinafter referred to as employees), employees under an employment contract( hereinafter referred to as employees), students and students of the Academy;
13) apply incentive measures and impose disciplinary penalties on employees, employees, employees, students and students of the Academy, in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
14) organizes interaction of the Academy with structural divisions of the General Prosecutor’s Office, regional prosecutor’s offices and equivalent prosecutor’s offices, state bodies, institutions, departments, educational organizations and other state and non-state organizations, including international and foreign ones;
15) organizes work on mobilization training and civil defense, ensuring the safety of state and official secrets and compliance with the requirements of the secrecy regime;
16) performs other functions assigned to it by the legislation of the Republic of Kazakhstan, organizational and administrative acts of the Prosecutor General and this Charter.
27. The highest collegial governing body of the Academy is the Academic Council which is created by the order of the Rector of the Academy.
The competence, composition and organization of the activities of the Academic Council are determined by the legislation of the Republic of Kazakhstan, organizational and administrative acts of the Prosecutor General, the Rector of the Academy.
28. In order to form a unified scientific policy in the field of law enforcement, the Academy has a Scientific Methodological Council (hereinafter referred to as the SMC), created by order of the Prosecutor General.
The tasks, functions, procedure for electing and organizing the activities of the SMC are determined by the Regulations on the SMC approved by order of the Prosecutor General.
29. In order to provide educational and methodological support for the educational process, the Educational-methodological Council created by the order of the Rector of the Academy is functioned in the Academy.
The competence, composition and organization of the activities of the Academic Council are determined by the legislation of the Republic of Kazakhstan, organizational and administrative acts of the Rector of the Academy.
30. Other collegial and consultative-advisory bodies (councils, working groups, commissions, including on the secrecy regime, attestation, housing and household and others) may be established by the order of the Rector of the Academy.
31. Other issues related to the operational management of the Academy, official and executive discipline are considered at operational meetings with the Rector of the Academy
32. In order to protect the dissertations of doctoral students, the Academy has a Dissertation Council, established by the order of the Rector of the Academy.
The competence, composition and procedure for organizing the activities of the Dissertation Council of the Academy are determined by the legislation of the Republic of Kazakhstan, organizational and administrative acts of the Rector of the Academy.
33. The list of educational programs of postgraduate education implemented at the Academy is approved by the order of the Prosecutor General.
34. The procedure for selection for initial professional training and the conditions for its passage for persons entering the service of the Prosecutor’s office, the Anti-corruption Service and the Economic Investigation Service, as well as the grounds for their expulsion, are regulated by a joint order of the Prosecutor General, the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) and the Minister of Finance.
35. The procedure for admission to the Academy for postgraduate education programs, transfer, and rehabilitation of students is regulated by the regulatory legal acts of the Republic of Kazakhstan, orders of the Prosecutor General.
36. The procedure for organizing the educational process and research activities of the Academy is regulated by the regulatory legal acts of the Republic of Kazakhstan, orders of the Prosecutor General and the Rector of the Academy.
37. The system of current monitoring of academic performance, intermediate and final certification of students and trainees of the Academy, the forms and procedure for their conduct are regulated by the acts of the Prosecutor General and the Rector of the Academy.
38. The rights and obligations of students and trainees, the grounds and procedure for their expulsion from the Academy, as well as the procedure for registration of relations between the Academy and students and trainees are determined by regulatory legal acts, internal regulations and the agreement (contract) for the provision of educational services.
39. The Academy coordinates, monitors and evaluates scientific and educational activities in accordance with the procedure established by the legislation of the Republic of Kazakhstan, the legal acts of the Prosecutor General, the Rector of the Academy.
40. The Academy carries out international cooperation in the field of scientific and educational activities with law enforcement agencies of foreign states, foreign educational and research institutions, international organizations, foreign legal entities and individuals in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
41. The list and procedure for providing paid services are regulated by the regulatory legal acts of the Republic of Kazakhstan.
Chapter 5. Property of the Academy
42. The property of the Academy consists of the assets of a legal entity, the value of which is reflected on its balance sheet. The property of the Academy is formed at the expense of:
1) the property transferred to it by the owner;
2) property (including cash income) acquired as a result of its own activities;
3) other sources not prohibited by the legislation of the Republic of Kazakhstan.
43. The Academy has no right to independently alienate or otherwise dispose of the property assigned to it and the property acquired at the expense of the funds allocated to it according to the estimate.
44. If the laws of the Republic of Kazakhstan grant the Academy the right to carry out income-generating activities, the money received from such activities shall be credited to the relevant budget, with the exception of money from the sale of goods (works, services) produced by state institutions in the fields of education in accordance with the laws of the Republic of Kazakhstan.
45. The activities of the Academy are financed from the budget by the Prosecutor General’s Office, unless an additional source of funding is established by the laws of the Republic of Kazakhstan.
46. The Academy maintains accounting records and reports in accordance with the legislation of the Republic of Kazakhstan.
47. The inspection and audit of the financial and economic activities of the Academy is carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
48. The Academy has a separate property on the right of operational management.
Chapter 6. Working hours at the Academy
49. The working hours of the Academy are established in accordance with the procedure provided for by the Law of the Republic of Kazakhstan “On Law Enforcement Service”.
Chapter 7. Procedure for making amendments and additions to the constituent documents
50. Amendments and additions to the constituent documents of the Academy are made by order of the Prosecutor General and undergo the procedure of state registration in the judicial authorities in accordance with the Law of the Republic of Kazakhstan “On State Registration of Legal Entities and Registration of branches and Representative Offices”.
Chapter 8. Conditions of reorganization and liquidation of the Academy
51. The reorganization and liquidation of the Academy shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
52. The reorganization and liquidation of the Academy is carried out by the Prosecutor General’s Office in coordination with the authorized body for state property, unless otherwise established by the laws of the Republic of Kazakhstan.
53. The property of the liquidated Academy, remaining after the satisfaction of the creditors ‘ claims, is redistributed by the authorized body for state property.
54. The money of the liquidated Academy, including the funds received as a result of the sale of its property, remaining after the satisfaction of creditors ‘ claims, is credited to the income of the relevant budget.
