Dosymbekova M. S. Cand.Jur.Sci.,

the associate professor of International law

KazNU named by al-Farabi

Features of teaching course of administrative law

in the conditions of administrative reform

(for specialty international law)

The program of a training course "Administrative law" for the students who are trained in an international law has to reflect flexibly the requirements of practice happening in the state all changes. In this regard we believe that the program of a course has to promote not only to understanding, but also implementation of requirements of administrative reform which beginning of the second stage it was declared on December 14, 2012 in the Message of the President of the Republic of Kazakhstan - the Leader of the nation Nursultan Nazarbayev to the people of Kazakhstan "Strategy "Kazakhstan-2050": a new political policy of the taken place state". [1]

In this article we would like to stop only on one problem of administrative reform: legal institution of system of public administration.

As one of six directions of administrative reform there was a reform of public service.

We will note that today public service of the country functions as a component (subsystem) of public administration, that is as the main mechanism of public administration by means of which laws, subsidiary legal acts, state programs and social tasks are realized.

In our opinion, the problem of a legal institutionalization of public service demands development of such questions, as

1) definition of the concept "legal institute",

2) features of formation of legal institute of public service.

The Nobel laureate on economy (1993) Douglas Nort writes that "institutes reduce uncertainty, structuring everyday life" [2, page 17-18].

G. V. Atamanchuk fairly notes that any institute as steady, formal education can't make anything, however creates conditions, forms, procedures, norms and other elements which provide historical reproduction of public activity. [3].

The famous jurist S. S. Alekseev writes that the main function of legal institute consists in that within the type (site) of the public relations to provide the integral, rather finished legal regulation. [4, page 29].

For effective functioning of legal institute of public service its formation at two levels is expedient:

1. The complex legal institute of public service made of precepts of law (acts) of the following branches: international law, constitutional, administrative, financial, labor, civil law, criminal law.

For example, the principle of fairness and a equitable  of citizens for revenues to public service is approved for all member states of the UN by such international legal acts of the UN as the Universal declaration of human rights (1948) and the International Covenant on Civil and Political Rights (1966),

2. The administrative and legal institute of public service made of precepts of law (acts) of administrative law.

As the administrative and legal institute, public service represents system of the administrative precepts of law regulating the state and office relations, that is the rights, duties, restrictions, a ban, stimulation, responsibility of employees, passing of public service, an order of emergence and termination of the office relations.

Now in our country the full-fledged administrative and legal institute of public service which accurately would regulate in a legal order all her questions, the parties and processes in time and space isn't created properly yet.

There of in system of the legislation on public service numerous gaps in the legislation that is negatively reflected in style and quality of work of public servants and many government bodies, especially in regions take place. The insufficient legal institutionalization of public service generates the numerous facts of bureaucracy, red tape, closeness, corruption and low-skill actions.

The famous scientist on public administration I.L. Bachilo notes that at an institutionalization it is important to define the main criteria by which it would be possible to mark out a certain set of the norms forming institute. [5, page 91].

We consider that the complex legal institute of public service structurally has to be formed of two groups of the precepts of law regulating legal relationship in this system:

The first group is the precepts of law regulating intra organizational legal relationship which develop in system of public service, between government bodies and public servants, between public servants.

It is possible to refer to intra organizational legal relationship such, as: training of public servants, regulation of work of public servants, resource ensuring work of public servants, assessment of quality of work, certification of public servants, material stimulation and attraction to legal responsibility of public servants for quality of work.

The second group is the precepts of law regulating external legal relationship of government body with citizens, with non-state and international legal entities.

Thus, the legal relations developing concerning administrative and legal regulation of quality of work of public servants in government bodies can be considered at two levels:

– the intra organizational legal relationship developing in public service

– the external legal relationship developing between concrete government body and citizens, i.e. the population of the administrative territory, social groups, the non-state and international organizations.

We believe that it will be useful for students to discuss the general questions of a legal institutionalization on the educational round tables, seminar occupations and other interactive forms of education, and also to develop the recommendations about questions of development of legal institutes as important direction of administrative reform.

In our opinion, it is now expedient to optimize and add the maintenance of a training course "Administrative law" for students in "International law" with a new subject - features of development of administrative and legal institutes of administrative reform.

Literature:

1. The message of the President of the Republic of Kazakhstan - the Leader of the nation Nursultan Nazarbayev to the people of Kazakhstan "Strategy "Kazakhstan-2050": a new political policy of the taken place state". - Kazakhstan truth, 2012, on December 14.

2. Nort D. Institutes, institutional changes and functioning of economy. – M.: Fund of the economic book of "Beginning", 1997. – 124 pages.

3. Atamanchuk G. V. Sushchnost of public service: history, theory, law, practice. - M.: Publishing house of RAGS, 2003. - 272 with

4. Bachilo I.L., Salishcheva N. G., Hamanev N. Yu. Dictionary of administrative law. - M.: Fund legal culture, 1999. - 320 pages.

5. Bachilo I.L. State and legal institutes in the conditions of informatization of society - Institutes of administrative law of Russia. - M.: IGP Russian Academy of Sciences, 1999. - 264 pages.