Doctor of Law, Associate Professor

Kaliakpеrova Yelenа Niкolaevna

THE POLICE IN THE STATE MECHANISM OF KAZAKHSTAN

The success of the ongoing reforms in the country directly related to the strengthening of the state and its authorities responsible for the protection of the population and the state from internal threats, the creation of conditions for development of democratic institutions and relations. To perform these tasks need reliable law enforcement. Currently, the actual task of developing the state strategy and tactics to combat crime, the search for fundamentally new, innovative approaches to the organization of law enforcement activities, management of internal Affairs bodies.

Obviously, as society can not reform the law enforcement system, including her most important component - the internal Affairs bodies.

The mechanism of the state is broader than the concept of the state apparatus [1; p. 32]. The movement state includes the state apparatus (government agencies), state-owned enterprises and government agencies.

For government, it is necessary that these bodies have the appropriate public authority, could exercise the power of the state. Without these powers, it is impossible to speak about the mechanism of the state. In this case, we can only speak about the aggregate of state bodies, their structure, build from the bottom up and so on. To do this, in the legal science has long effectively used the concept of "public authorities" or " bodies of state".

The concept "the state mechanism" allows to consider the process of implementation of state power, the process of functioning of the state, its effectiveness, adequacy bodies, their powers, forms of activities goals and objectives of a legal state.

The concept "the state mechanism" includes three components:

- structural - existence, the totality of certain bodies;

- functional - presence, the totality of certain functions, which, strictly speaking, created the above group of bodies;

- tool - stock, a set of specific powers, means, methods, techniques and tools for performing the specified functions.

These components are in mutual relation and mutual dependence. They generally constitute the mechanism of the state [2; C. 25].

Factor in the knowledge space of the investigated bodies in the mechanism of the state is its functional purpose. It is in terms of methodology depends on the form of organization of state power.

According to article 3 of the Constitution, no one may use power in the state. State power is not subordinated to the authorities of any other state, that is independent externally and Supreme in the country, because it is centralized and unified. She manages the society through public service and an extensive system of bodies, acting on the basis of laws adopted pursuant to the Constitution. Not coincidentally F. Engels called this much power - "public authority" [3; C. 170].

For the government naturally performing protective functions. The most important task of the state was to ensure internal security, protection of public order, the fight against crime. The police originated, while the state, one of the earliest discernible signs of the state.

The Declaration of state sovereignty of Kazakhstan (October 25, 1990) and the adoption of the constitutional law of Kazakhstan "on state independence of Kazakhstan" (December 16, 1991) marked the beginning of state-legal construction of the national police system.

In accordance with the presidential decree "about measures on strengthening of fight against organized crime and corruption" dated March 17, 1992 was created the General Directorate for combating organized crime and corruption, which replaced the sixth division of the Ministry of interior of the former USSR. In the same period, the criminal investigation Department and economic Department as an experiment, were merged into a criminal police. In order to further improve the structure and efficiency of activity of bodies of internal Affairs, the order to interior Ministry criminal police was reorganized, a criminal investigation service and economic abolished.

Acceptance of the Law "On internal Affairs bodies" dated 23 June 1992, marked the beginning of legislative regulation framework for the activities of the police (first police), has partly changed the main tasks and functions of the police in comparison with the period of building socialism. Continue the work of the police involves protecting the interests of the individual and the state, rights of citizens, property, protection of public order; prevention and suppression of crime; the detection of crime. Is her core functions which were imputed to her responsibilities in 70-e years, a in separate areas or separate groups immediately after 1917. However, among the priority directions of police activity, new - "to protect the interests of society" and "ensuring public safety". From the sphere of police activity is excluded, "the protection of rights and interests of enterprises, organizations and institutions" and "support to tackle the causes of crime and other offenses".

In accordance with the Constitution of RK, 1995, on the basis of operational and investigative units of the interior Ministry, the investigative divisions of bodies of Prosecutor's office established a special body – the State Investigative Committee [4].

At the beginning of the idea embodied in these units was the need for continued cooperation and combining efforts of operational and investigative personnel in the detection and investigation of the most dangerous forms of organized crime and corruption and the implementation of the principle of inevitability of punishment.

The presidential decree "on measures on further reforming the law-enforcement system of Kazakhstan" dated 22 April 1997 confirmed that the law enforcement reform is an integral part of the process of transformation of society as a whole. According to him the division of the state fire service was transferred from the interior Ministry to the State Committee for emergency situations, a unit of the criminal Executive system of the Ministry of justice. In the country are criminal, administrative and military police.

The police system of the state is a totality which is in unity, but organizationally independent of the Executive authorities of the country, targeted and strictly organized activity aimed at achieving a single government objective of establishing effective rule of law and rational operation of public authorities, state and public institutions, operating in strict accordance with the Constitution.

Police systems of different countries can be classified into three basic models: centralized, distributed (decentralized) and integrated (mixed).

Some Russian lawyers centralized model of the police system of the state called continental [5; C. 11]. This is due the fact that her basic elements originated in continental Europe in the late XVIII - early XIX centuries. currently the model of the police system exists in France, Italy, Spain, Turkey, Portugal, Israel, Luxembourg and many other countries of the world. The centralized model of the police system of the state is characterized by a rigid subordination of all forces of the country under the direct control of the national leadership and used exclusively in unitary States.

Decentralized (fragmented) model of the police system of the state is typical for countries where the fear of the nation's potential abuse of the state power structures leads to the creation of a number of independent police agencies at the regional and local level. Typical representatives of States are the USA, Canada and Switzerland.

Combined (integrated) model of the police system of the state is characterized by the presence of two independent, but closely related subsystems: Federal (core) and regions (basic). It is typical for Germany and Austria. However, in all subjects of Federation there are police forces that perform on its territory the same tasks and functions. Definition of the tasks, organisation and activities of police agencies is the prerogative of the authorities of the individual lander.

The current police system of Kazakhstan for all of your signs refers to the first (centralized) model. As a result of the implementation in Kazakhstan of the State program of legal reform is gradually implemented, the operation of the two organizational models of the enforcement agencies - multidisciplinary and specialized police.

A multidisciplinary police had traditionally been part of and included in the structural organization of the state mechanism of Kazakhstan, speaking on a subsystem of ATS. According article 7 of the Law "About police", a Unified system of bodies of internal Affairs to form the police, the penal system, the military investigative agencies, the national guard of the Republic of Kazakhstan, bodies of civil protection. The police form criminal police, administrative police, division of investigation, inquiry and other units.

According to the Law, the administrative police consists of departments of district police inspectors on Affairs of minors, the protection of women from violence, control in the sphere of circulation of civil and service weapons, road patrol, immigration, environmental police, special agencies, and other units engaged in the protection of public order. In accordance with the Law, to the administrative police of Kazakhstan has set the following objectives: the protection of public order; ensuring public safety; detection, prevention and suppression of crimes and administrative offences; detection of crime, the implementation of inquiry and administrative proceedings within the competence established by the law; the enforcement in places of detention and detainees, including persons without a certain residence, documents; the detection and prevention of child neglect and juvenile delinquency; state supervision and control over safety of traffic; the implementation of licensing and permitting activities assigned to the internal Affairs bodies in accordance with legislation of RK.

For the practical implementation of these legislative provisions in the structure of the Ministry of interior and formed Committees criminal, administrative, traffic police and combating drug trafficking and illicit drug trafficking. The above legislative principles which were to become the organizational framework of the police of the interior Ministry, in the implementation process is subjected to correction by creating a separate specialized committees investigation, traffic police, combating drug trafficking and illicit drug trafficking.

The emergence of specialized forms of police was necessary to allow a certain range of crime problems in connection with the rise in crime, especially organized to ensure tax security and to counteraction of narcocrime.

Precedent for the creation of specialized police due to the process of adaptation to the national context of foreign experience of those countries that operate a system of specialized police organizations. This process is sometimes contradictory in nature.

Innovation was in the Law "About police", which determines the status of the military investigative bodies. The main tasks of the military investigative bodies were as follows: detection, prevention, suppression, disclosure and investigation of crimes military and crimes committed by the military relating to the investigative jurisdiction of the internal Affairs bodies.

The police of the Republic of Kazakhstan is not only a state body that protects the life, health, rights and freedoms of citizens, property, the natural environment, the interests of the state from unlawful encroachments, and independent authority of a democratic, secular, legal and social state.

The development of the national police system was in constant opposition as the internal and external negative factors that every step forward was accompanied by a daily and diligent search for new forms and methods of combating crime. In parallel, he conducted the search modern technology, best practices, new organisational structures and, finally, the formation of a new management system.

Combines the above police units that they are designed to protect the lives, health, rights and freedoms of citizens, property, interests of society and state from criminal and other illegal encroachments.

Bibliography

1 Kopeychikov V. V. the Mechanism of the Soviet state. - M., 1968. - 215 c.

2 Igonkina C. I. Police in the mechanism of the modern Russian state. Abstract. Cand. the faculty of law. Sciences. - M.: Academy of MIA of Russia, 1996. - 47 c.

3 Marx K., Engels F. Soch. - M., 1961. - T. 21. - 760 c.

4 the decree of the President of the Republic of Kazakhstan "On establishing the State Investigation Committee of Kazakhstan" from October 6, 1995 // SAPP Republic of Kazakhstan. - 1995. - № 32. - St. 395.

5 Bykov V. A. Organizational and legal basis of activities of the gendarmerie of the Western European States in providing public safety/ author. Cand. the faculty of law. Sciences. - M., 1998. - 27 c.