Kyrgyzstan Prosecutor Cadre-Reserve Computer Testing cheat sheet

Article 1: The Kyrgyz Republic is a sovereign, democratic, legal, secular, unitary, social state; the people are the bearer of sovereignty and the sole source of power.

Article 6: The Constitution has supreme legal force and direct effect; laws and other normative acts must not contradict it; international treaties ratified by the Jogorku Kenesh are part of the legal system.

Rights and freedoms: guaranteed under Articles 16–45; restrictions are permitted only by constitutional law and only to protect national security, public order, health, morals, or the rights of others, and must be proportionate.

Article 20: No one may be subjected to torture or cruel, inhuman, or degrading treatment; evidence obtained in violation of constitutional rights is inadmissible.

Article 24: Everyone has the right to liberty and personal inviolability; arrest and detention require a court decision, except cases expressly provided by law (e.g., arrest at the scene).

Article 26: The presumption of innocence; no one is obliged to prove innocence; irreducible doubt is interpreted in favor of the accused.

Organization of state power: the President is the head of state (Article 60); the Jogorku Kenesh is the unicameral parliament (Article 70); the Government is the highest executive body (Article 83); courts administer justice (Article 93).

Article 104: The Prosecutor's Office is a single, centralized system headed by the Prosecutor General, who is appointed by the President with the consent of the Jogorku Kenesh for a term of five years; the office supervises the precise and uniform execution of laws.

Constitutional amendments: adopted by referendum or by the Jogorku Kenesh by a majority of at least two-thirds of the total number of deputies after at least three readings, with a mandatory opinion of the Constitutional Chamber.

Status: the Prosecutor's Office is an independent, single, centralized body; prosecutors exercise powers independently of any state or municipal body and are subordinate only to the law and the Prosecutor General.

Principles: legality, unity and centralization, independence, publicity (subject to legally protected secrets), and mandatory execution of prosecutors' lawful demands.

Functions: supervision of the execution of laws; supervision of compliance with rights and freedoms; supervision of operational-search activity, inquiry, and preliminary investigation; supervision of the execution of laws in places of detention; participation in courts; criminal prosecution; coordination of law-enforcement activity; and international cooperation.

Prosecutor General: appointed by the President with the consent of the Jogorku Kenesh for five years; may be dismissed only on grounds specified by law (e.g., commission of an offense, incapacity, resignation).

Guarantees: prosecutors are irremovable without lawful grounds; their material and social security is ensured; they are not members of political parties; interference in their activity entails liability.

Prosecutorial acts: a protest (protest) is brought against an illegal normative or individual act; a representation (predstavlenie) is issued to eliminate violations; a resolution (postanovlenie) initiates a case or proceedings; a warning (preosterezhenie) concerns inadmissible violations.

Mandatory demands: lawful demands of a prosecutor concerning the conduct of inspections, submission of documents, and elimination of violations are binding on all bodies and officials and must be executed within the established time limits.

Prohibition: a prosecutor may not engage in entrepreneurial activity, hold other paid posts, or use official position for personal gain; violations entail disciplinary liability.

Crime (Art. 18 CC): a culpably committed socially dangerous act prohibited by the Criminal Code under threat of punishment; the act must be unlawful, culpable, and punishable.

Elements of an offense: object (social relations protected by law), objective side (act, consequences, causal link), subject (natural person aged 16; 14 for grave crimes listed in Art. 20), subjective side (intent or negligence).

Complicity (Art. 34): intentional joint participation of two or more persons in the commission of an intentional crime; forms: group of persons, group of persons by prior conspiracy, organized group, criminal community.

Types of participants: perpetrator (executor), organizer, instigator, and accomplice; the accomplice's liability is determined by the article covering the crime, with reference to Art. 34.

Punishment (Art. 50): fine, community service, correctional labor, restriction of liberty, arrest, imprisonment for a specified term, life imprisonment; the death penalty is prohibited by the Constitution.

Official crimes (Chapter 30 CC): abuse of official position (Art. 304), exceeding official powers (Art. 305), taking a bribe (Art. 313), giving a bribe (Art. 314), official forgery (Art. 315), negligence (Art. 316).

Bribe-taking (Art. 313): receiving money, securities, or other property benefits by an official personally or through intermediaries for actions (inaction) in favor of the bribe-giver using official position; qualified by group, extortion, or large amount.

Corruption crimes: the Criminal Code also provides for abuse of power, misappropriation, commercial bribery (Art. 252), and legalization of criminal proceeds (Art. 235); liability does not exclude disciplinary or civil consequences.

Stages of pre-trial proceedings: receipt and verification of a report of a crime (Art. 145 CPP: decision within 3 days, extendable to 10, and in exceptional cases to 30 days), initiation of a criminal case, preliminary investigation or inquiry.

Investigative actions: interrogation, confrontation, identification parade, search, seizure (vyemka), inspection, forensic examination, and verification of testimony on the spot; each is recorded in a protocol signed by the investigator and participants.

Coercive measures: detention (Art. 94 CPP: no more than 48 hours without a court decision), remand in custody, house arrest, bail, personal guarantee, and other measures; remand in custody requires a court decision and may be extended only by court.

Time limits: preliminary investigation is 2 months, extendable by the head of the investigative body to 3 months, by the prosecutor to 12 months, and in exceptional cases by the Prosecutor General; inquiry is 20 days, extendable to 2 months.

Prosecutorial supervision: the prosecutor verifies the legality of the initiation of a case, the conduct of the investigation, and the legality of procedural decisions; the prosecutor may cancel illegal decisions of the investigator, give written instructions, and remove the investigator from the case.

Indictment (obvinital'noe zaklyuchenie): after the investigation, the case is sent to the prosecutor, who approves the indictment or returns it for additional investigation; the prosecutor may also terminate the case or reclassify the charge.

Rights of participants: the suspect and accused have the right to a defense counsel from the moment of detention, the right to remain silent, and the right to familiarize themselves with the case file; violations render evidence inadmissible.

Court control: decisions on remand in custody, house arrest, search of a dwelling, and seizure of correspondence require a court decision; the prosecutor supports the state prosecution in court.

Supervision of operational-search activity (OSA): the prosecutor ensures that OSA is conducted in compliance with the Constitution and the Law on Operational-Search Activity; the prosecutor may demand operational materials, give instructions, and protest illegal decisions.

Supervision of inquiry and preliminary investigation: the prosecutor verifies compliance with procedural time limits, the legality of detention, and the validity of charges; the prosecutor has the right to participate in investigative actions and to give written instructions.

Supervision in places of detention: the prosecutor conducts inspections of pre-trial detention centers, colonies, and other places of deprivation of liberty; verifies the legality of detention, compliance with the regime, and the rights of detainees.

Grounds for prosecutor's inspection: complaints from detainees, reports of violations, and scheduled inspections; the prosecutor may demand documents, interview detainees, and issue a representation to eliminate violations.

Prosecutorial response: a protest against an illegal act, a representation to eliminate violations, a resolution to initiate a case, and a warning about inadmissibility of violations; failure to comply entails liability.

Coordination of law-enforcement activity: the Prosecutor General coordinates the activity of law-enforcement bodies in the fight against crime; coordination meetings and joint action plans are used.

Legality of OSA: the prosecutor checks whether the OSA is conducted by authorized bodies, whether the rights of citizens are respected, and whether the results are legally obtained; illegal materials cannot be used as evidence.

Detention places: the prosecutor ensures that detainees are held only on legal grounds, that the detention time limits are observed, and that the rights to visits, correspondence, and complaints are respected.

Grounds for participation: the prosecutor may bring a claim (application) in court to protect the rights and interests of citizens who cannot protect themselves, or to protect state and public interests (Art. 44 of the Constitutional Law on the Prosecutor's Office).

Civil procedure: the prosecutor participates in the case, gives an opinion (zaklyuchenie), and may appeal court decisions; the prosecutor is not a party to the case and does not bear court costs.

Arbitration procedure: the prosecutor may apply to an arbitration court (economic court) to protect state and public interests; the application must meet the requirements of the procedural code.

Administrative proceedings: the prosecutor may challenge normative and individual acts of state bodies and officials; the prosecutor may also participate in cases on administrative offenses.

Protection of state interests: the prosecutor brings claims for the recovery of state property, invalidation of transactions, and compensation for damage caused to the state.

Protection of public interests: the prosecutor brings claims in defense of the rights of minors, the disabled, and other vulnerable categories of citizens, as well as in defense of the environment and public safety.

Procedural acts: the prosecutor's application (statement of claim) must contain the grounds, the subject of the claim, and the evidence; the prosecutor may withdraw the claim or change the grounds.

Supervision of legality: the prosecutor may protest court decisions that have entered into legal force and initiate a review of the case in the supervisory instance.

Law on Combating Corruption: defines corruption as the use by a public servant of official position for personal gain; the law establishes preventive measures, liability, and international cooperation.

Conflict of interest: a situation in which a public servant's personal interest affects or may affect the impartial performance of official duties; the servant must notify the immediate supervisor and take measures to prevent the conflict.

Prohibition: public servants may not accept gifts, money, or other benefits in connection with the performance of official duties, except for gifts of symbolic value (up to the established limit, e.g., 1,000 soms).

Declaration of income and property: public servants are obliged to submit declarations annually; failure to submit or submission of false information entails disciplinary or criminal liability.

Anti-corruption restrictions: public servants may not engage in entrepreneurial activity, hold other paid posts (except scientific and teaching), or use official information for personal gain.

Prosecutorial officials: the same anti-corruption restrictions apply; prosecutors are subject to additional requirements of integrity and are prohibited from membership in political parties.

Liability: corruption offenses entail disciplinary, administrative, or criminal liability; the prosecutor's office is obliged to conduct anti-corruption expertise of normative acts.

Prevention: the prosecutor's office coordinates anti-corruption measures and conducts anti-corruption monitoring; the results are published in the media.

Code of Ethics: a prosecutor must observe the law, be impartial, honest, and independent; must not allow discrimination, rudeness, or conduct that undermines the authority of the prosecutor's office.

Official conduct: a prosecutor must perform duties conscientiously, observe official secrecy, and not disclose information obtained during the investigation.

Conflict of interest: a prosecutor must avoid any personal interest that may affect the performance of duties; in case of conflict, the prosecutor must notify the supervisor and may be recused.

Disciplinary liability: for violation of official duties, the prosecutor may be subject to disciplinary action: reprimand, demotion, dismissal, or other measures provided by law.

Grounds for dismissal: commission of an offense, violation of the oath, failure to perform duties, and other grounds provided by the Constitutional Law on the Prosecutor's Office.

Guarantees: a prosecutor may not be dismissed without a decision of the disciplinary commission; the prosecutor has the right to appeal the decision to the court.

Responsibility for misconduct: a prosecutor may be held criminally liable for abuse of office, bribery, or other crimes; the initiation of a criminal case against a prosecutor requires a special procedure.

Ethical principles: justice, respect for the individual, professionalism, and intolerance of corruption; the prosecutor must be a model of law-abiding behavior.

Qualification of facts: determine the object of the offense, the objective side (act, consequences, causal link), the subject (age, sanity), and the subjective side (intent or negligence); compare the facts with the elements of the crime.

Choice of norm: if the act falls under several norms, apply the special norm (lex specialis) over the general norm; if the act is a continuing crime, apply the norm covering the completed crime.

Drafting procedural acts: a protocol must contain the date, place, time, participants, the course and results of the action, and signatures; a resolution must contain the grounds, the decision, and the signature of the prosecutor.

Assessment of legality: verify compliance with the Constitution, laws, and procedural codes; check the competence of the body, the procedure, and the rights of participants; illegal acts are subject to protest or cancellation.

Prosecutorial response: choose the appropriate act (protest, representation, resolution, warning) depending on the violation; ensure the act is motivated, lawful, and timely.

Analysis of corruption: identify the personal interest, the use of official position, and the benefit; qualify under the relevant article of the Criminal Code or apply disciplinary measures.

Reasoning: use legal syllogism (major premise – norm, minor premise – facts, conclusion – decision); justify the choice of norm and the assessment of evidence.

Practical situations: when analyzing a situation, identify the violated norm, the rights of participants, and the possible consequences; propose a lawful solution and the procedural act to be drafted.