S.Seifullin Kazakh Agro Technical university, Kazakhstan
The concept and essence of forms of state control of the Republic of Kazakhstan
the modern era, the fundamental principle of the separation of powers is one of
the major reasons structure and functioning of the state mechanism huge number
of countries. The majority of experts agree that the recognition of the
significance of this principle is not a statement of fact it to the absolute,
literal implementation in practice and the denial of the unity of orderly
The present work is devoted to the study of such state of the phenomenon of the Executive branch, namely, the forms and methods of its functioning. Today in the Republic of Kazakhstan has undergone radical changes in the concept of Executive power. In an entirely new way defined its place in the system of state bodies, changes in the principles of formation of the Executive bodies and the structure of the Executive power, as well as forms and methods of state administration. However, despite the tremendous amount of work undertaken in the framework of democratization of our society and in particular of the Executive power of the state, there's still many issues that require in-depth study and reflection. The work will be discussed various aspects related to the forms and methods of state management in the Republic of Kazakhstan. We examine both the theoretical questions related to the functioning of the bodies of state management, and practical aspects.
Governance is organized process management, regulation and control of the public authorities for the development of sphere of economy and culture, and other spheres of public life.
For many years in the USSR and, consequently, Kazakhstan applied the concept of “governance”, “management of public Affairs, public administration, which are often associated with the concept of “Executive-administrative bodies”. Often the latter has been identified with the notion of “state administration bodies”. Organizational reform of public management industry in the USSR: So, state administration of Affairs is realized through the system of state management bodies, which are called by the Executive.
Modern science highlights such essential characteristics of the Executive power, as its universal and specific. The first sign reflects the fact that the Executive power, bodies operate continuously and everywhere throughout the state. They differ from the legislative and the judiciary. Another sign means that the Executive power, in contrast to the legislature and the judiciary, has a different content, since it was based on human, material, financial and other resources, uses the service promotions and incentives. In the hands of the Executive power is a very dangerous force, the existence of state power finds its expression in its officials, army, administration, judges. Among this force, a special role belongs to the armed forces - army, security agencies, the police (or as we have in the state police).
State, including the Executive power cannot be implemented on its own, it always must be translated into concrete actions, which represent various forms of government. Contents Executive authorities, which are its rights and duties under the state government may not get the outward expression in the actions of Executive bodies, officials involved. But the steps may be different in nature. From a legal point of particular interest are only such actions, which entail certain consequences. These actions are embodied in the state governance forms: legal acts of the management and administrative instruments.
The modern theory of administrative law empowered the administrative bodies of management of a wide range of legal acts. The basis for classification are the legal property acts, according to which all legal acts can be divided into normative, individual and mixed.
Regulations, management establish the rules of conduct, designed for prolonged use, regulate similar relations and are of a General nature. Regulations may issue Executive bodies of different levels, in relation to a particular authority is often regulated by the Regulations of the authority.
Individual acts of the application may issue Executive bodies of different levels. They are legal facts directed on the creation, amendment and termination of the administrative relationships are enforcement nature, are issued in respect of certain specified in the act of individuals and decide the specific administrative cases (for example, the order for appointment of the decision on imposition of administrative penalty, etc).
In Kazakhstan, the period of modernization of management coincided with the reform of the economy - and it became the defining composite improvement of the state apparatus. Reduction of the public sector of the economy requires less extensive network of public officials. That defines the principle of economy formation of the state apparatus. It is well known that the state budget and inexpensive managing authority at the heart of all citizens. Now people become sufficiently competent and concerned about the fate of the state, non-productive costs. The next stage of development is the formation of active citizen, their sick for their country, its interests; improving the welfare of our citizens.
Secondly, at present there is an acute problem of professionalism of the civil service. Increase of a professional level of workers of the state control is one of the conditions for the building of a professional state.
Thirdly, the state Department today is immune from control by the people, contradicts the principles of a democratic state. Therefore, it seems important and require quick solutions to the problem of democratization of the state administration.
There are still many issues to be dealt with public administration reform. However, the identification of all of them is beyond the scope of this work and requires more detailed consideration.
1. The Constitution of the Republic of Kazakhstan, Astana 2008
2. Sapargaliev G.S. Constitutional law of the Republic of Kazakhstan. Almaty, 2010
3. À.À. Taranov. Administrative law. Almaty, 2008