Subject : Administrative Law of the Republic of Kazakhstan

Plan:

- Place of administrative law in the legal system of the Republic of Kazakhstan. Subject and method of administrative law. Sources of administrative law.

- The concept of administrative law and their features. The concept of administrative relations, types and their features.

- The organization of public administration. The executive power and administrative law. The system of organization of the executive power. Public administration as a function of the executive branch. Organization of inter-sectoral, sectoral and regional management. The administration of public organizations.

- The Government of the Republic of Kazakhstan. Ministries, state committees, departments, central bodies of executive power. Public service. The principles of public service. The legal status of civil servants.

- Administrative responsibility. The notion of an administrative offense. Its difference from the criminal and disciplinary offense. Administrative coercion as a form of legal compulsion. Measures of administrative coercion. Measures for redress. Measures of administrative punishment.

Keywords: administration, accountability, public bodies.

Administrative law is the branch of law that regulates the social relations arising in the process of government, during the formation of the executive power, to establish its competence, responsibilities, rights and responsibilities of civil servants, as well as in the implementation of public order, life, rights and freedoms of citizens. Administrative rules is set by the state and a code of conduct that guide actions in accordance with laid down in the normal pattern of behavior and overbearing regulations. A large number of administrative and legal regulations contained in various legal acts: laws, decrees and orders of the President, regulations and orders of the Government of the Republic of Kazakhstan, ministerial decrees, state committees, agencies, regional and local authorities. Such acts are called sources of administrative law. The most important of these are: the Constitution of the Republic of Kazakhstan, the Constitutional Law of the Republic of Kazakhstan " On the Government of the Republic of Kazakhstan " dated December 9, 1996 as amended on February 24, 1997 and May 6, 1999, the Decree of the President of the Republic of Kazakhstan having the force of law " On the Internal Affairs of the Republic of Kazakhstan " dated December 21, 1995 as amended, the Code of the Kazakh SSR" on Administrative Offences " on March 22, 1984 as amended, the Law of the Republic of Kazakhstan " on State Service " on July 23, 1999.

There are the following administrative -law relations: a) the relations within the administration (the system of executive power, competence bodies, officials and civil servants, their relationships, forms and methods of work), b) the relations between the executive authorities and citizens in) the relations between the citizens in the area of public order. The subjects of the administrative- law relations can be citizens, the executive authorities, public and religious organizations, private enterprises, but the executive branch actually or legally present in each of the administrative and legal matters, either directly as a subject, or indirectly as a subject – observer.

The executive power of the Republic of Kazakhstan is a system of government, which includes the Government Administrative offense is recognized infringing on the established order of government of the Republic of Kazakhstan or the public, ministries, state committees and departments, local agencies, the administration of public institutions and enterprises. The content of the work of the executive authorities is executive and administrative. The most important point of the legal status of these bodies is their legitimacy. Public service characterizes the executive power inside. Public service is a professional activity of citizens in government, aimed at the implementation of the public administration. Civil service in the Republic of Kazakhstan works according to the law " On Civil Service ", which came into force from January 1, 2000. The basic principles of public service are the principles of the rule of law; Kazakhstan patriotism, rights priority, freedoms and legitimate interests of citizens before the interests of the state, professionalism and competence of civil servants, etc. (st.3 the Public Service Act).

Civil servant is a citizen of the Republic of Kazakhstan, who is paid from the state budget office to government authorities and officials the authority to implement the objectives and functions of the state. The legislation of the Republic of Kazakhstan defines the following categories of civil servants. In the first place -is given to the civil servants holding political office. They are public servants, appointed by the President of the Republic of Kazakhstan, their deputies, as well as appointed and elected by the Parliament of Kazakhstan and the House of Parliament and their deputies. Besides, they are representatives of the President and the Government and civil servants, heads of central executive bodies and agencies, and their deputies. Another category - the administrative civil servants.

The passage of public service includes admission to the civil service, the actual passage of the civil service and the termination of public service. Public servan may be imposed by sanctions for the improper performance of duties by a observation, reprimand, severe reprimand, warning service incompetence and dismissal (Article 28 of the Law on Civil Service), order, public or private property, rights and freedoms.

Foul language in a public place, offensive molestation to citizens and other actions that violate public order and tranquility of citizens is a disorderly conduct. It is a subject to a fine from 20 to 100% of the calculated index established by the legislation. Taking into account the offender's character if the circumstances of the case the application of these measures are inadequate then the administrative arrest for up to 15 days can be used as a punishment.

Petty theft of another's property (the value of stolen does not exceed 10 times the calculated index) by theft, fraud, misappropriation, embezzlement, abuse of authority is a subject to a fine up to 10 times the calculated index established by the legislation.

In addition to the measures of administrative responsibility of the executive authorities may apply the measures of administrative coercion. Administrative coercion is the implementing agencies and officials, based on the law and aimed at the protection of public order, public security and the rights and interests of citizens.

Administrative coercive measures are used in court. However, in some cases, they are applied by the courts in cases of imposition of the most severe administrative penalties for administrative offenses.

Administrative law distinguishes four types of administrative coercion: first of all it is administratively - precautionary measures used to prevent violations in cases of natural disasters, accidents. They are used to prevent danger to the life and health of citizens, ensure public safety. Administrative and preventative measures include: stopping the movement of vehicles and pedestrians in traffic safety threat, checking identity documents, administrative detention, etc.

The next type of administrative coercion are administrative - preclusive measures, which are used in cases of necessity forced termination of unlawful activities and prevent their harmful effects. These measures include: short-term detention of individuals by the police for a record of the offense, the requirement to stop illegal actions, the use of weapons; involuntary treatment of persons suffering from dangerous diseases to others, such suspension or termination of businesses and organizations in violation of their mandatory rules.

Administrative and remedial measures such as measures of administrative coercion are used to restore the previous state of affairs, for redress. Such measures are used as compensation to parents of damage caused to their minor child, the demolition of illegally constructed buildings and structures, the administrative eviction, etc.

As it was previously mentioned administrative sanctions are a separate group of administrative coercion.

9-тақ ырып. Жалақ ы, ең бекақ ы. Салық. Салық тү рлері. Салалас қ ұ рмалас сө йлем. Салалас қ ұ рмалас сө йлем туралы білімдерін терең дету.

Жалақ ы — ең бектің кү рделілігіне, саны мен сапасына сә йкес тө ленетін сыйлық (табыс).Ең бекақ ы — қ аржыландыру кө зіне қ арамастан, ақ шалай немесе заттай тү рде ең бекке тө ленетін ақ ылардың барлық тү рі, сондай-ақ, ә р алуан сыйақ ылар, қ осымша тө лемдер, ү стеме ақ ылар мен ә леуметтік жең ілдіктер. Салық тар – мемлекеттік бюджетке заң ды жә не жеке тұ лғ алардан белгілі бір мө лшерде тү сетін міндетті тө лемдер.Салық тү рлеріне тоқ талу. Салалас қ ұ рмалас сө йлем - қ ұ рамындағ ы жай сө йлемдердің баяндауыштары тиянақ ты тұ лғ ада келіп, ө зара бір-бірімен тең дә режеде байланысқ ан қ ұ рмаластың тү рі.Салаласты саақ тас қ ұ рмалас сө йлеммен салыстыра отырып, студенттердің білімдерін терең дету.

Lecture 9.