State
Administration / 1. Enhancing the role of state servants in the modern society
M.A. in
international relations, PhD-candidate Kussainova Aliya
L.N.Gumilyov
Eurasian National University, Kazakhstan
Realization the foreign policy activities of the Republic of Kazakhstan
through the state bodies of the diplomatic service
Bodies of
diplomatic service are state bodies implementing the foreign policy of the
Republic of Kazakhstan (RK). The single system of the diplomatic service
includes the Ministry of Foreign Affairs (MFA), its agencies, operating
overseas diplomatic missions, as well as subordinate organizations created to
support the activities of MFA, the educational institutions under the
jurisdiction of MFA. Unified system of diplomatic service led by the Ministry
of Foreign Affairs [1].
Diplomatic service bodies
have the following tasks: “1) the elaboration of the concept and the basic
directions of the foreign policy of the Republic of Kazakhstan and the
submission of the relevant proposals to the President and the Government; 2)
the elaboration for the President a proposals on foreign policy and economic
strategy of the Republic of Kazakhstan and realization of international
initiatives of the President; 3) the implementation of the foreign policy, the
promotion of foreign policy and strengthening the international authority of
Kazakhstan; 4) providing by diplomatic means and methods to defend the
sovereignty, security, territorial integrity and inviolability of the borders
of the Republic, its political, trade, economic and other interests in the
relationship with other states and in the international arena; 5) protection the
rights and interests of citizens and legal entities of the Republic of Kazakhstan
abroad, 6) implementation by diplomatic means and methods the Kazakhstan's efforts
to achieve world peace, global and regional security, 7) implementation of diplomatic
and consular relations between the Republic Kazakhstan and foreign states, international
organizations, 8) coordination of international activities of other central executive
bodies in order to ensure a unified foreign policy and foreign economic course and
the investment policy of the Republic of Kazakhstan in its relations with foreign
states and international organizations, 9) analysis of the political and socio-economic
status in the world, foreign and domestic policies of foreign countries, international
organizations and providing the central government bodies with necessary information”
[1].
The main functions of the diplomatic service
of the Republic of Kazakhstan are as follows. The common function is the representation
of the Republic of Kazakhstan in the relations with foreign states and
international organizations, the implementation of the strategy of the
international policy of RK, the organization of the negotiation and conclusion
of international treaties of RK, to develop proposals for the conclusion,
performance, suspension and denunciation of international treaties, making them
the prescribed manner to the President or the Government of the Republic of
Kazakhstan, the participation in the development of measures to ensure the
rights and freedoms of the citizens of the Republic of Kazakhstan, its defense
and national security, law enforcement, development and expansion of trade,
economic, financial, scientific and technical, cultural, and also other
relations of Kazakhstan with other countries and international organizations.
In connection with the “economization”
of foreign policy of RK, and also rich in mineral resources and oil fields, the
diplomatic service agencies entrusted with the promotion within their
jurisdiction effective use of transit and transport potential of Kazakhstan and
participation in the development and implementation of a uniform state policy
on cooperation the Republic of Kazakhstan with the international community in
the energy, oil and gas, to contribute to improving the investment climate and
creating a positive image of the Republic of Kazakhstan on the international
markets, participation in attracting direct financial resources for the
implementation of government programs, the priority projects, including through
loans and grants from international economic and financial organizations.
The bodies of
diplomatic service have independent communication and archive, use their own
telecommunications network and courier service, may issue publications in
accordance with the laws of the Republic of Kazakhstan, organize security of
their facilities on the territory of RK and abroad. In the archives of the
Ministry of Foreign Affairs shall keep the original and (or) authentic copies
of international treaties, and other materials needed to carry out its
activities.
Rights
and obligations of MFA set out in the Regulations “On the Ministry of Foreign
Affairs of the Republic of Kazakhstan”, approved by the Government of RK dated
28 October 2004. The overall mission of the Ministry is to strengthen the
position of the state in the international community, for its security and the
protection of national interests, and to create a favorable external
environment for the development and prosperity of the people of Kazakhstan.
MFA of RK belongs
to the category of central executive bodies of the Republic of Kazakhstan. The
Ministry responsible for taking the country's foreign policy and guidance
uniform system of the diplomatic service of the Republic of Kazakhstan. “The
Ministry carries out its activities in accordance with the Constitution of the
Republic of Kazakhstan, acts of the President and the Government of the
Republic of Kazakhstan and other normative legal acts and this Statute” [2].
Priorities and objectives of MFA are presented in
the Second Section of the Regulations, “the elaboration for the President of
Kazakhstan proposals on foreign policy of the Republic of Kazakhstan and realization
of international initiatives of the President, to ensure favorable conditions
for the Republic of Kazakhstan with other countries and international
organizations, coordinating the activities of the central executive authorities
in the conduct of a single foreign policy of RK in the relations with foreign
states and international organizations, general monitoring and enforcement of international
treaties to which Republic is a member, to monitor compliance with the diplomatic
and consular privileges and immunities” [2].
In
order to implement the above objectives and the performance of functions the
Ministry has the right to make inquiries and to receive answers from the
central and local state bodies of Kazakhstan. In addition, it may provide
information referred to state agencies and organizations. Ministry granted the conformity
right to control composed by other ministries, departments, organizations a draft
international treaties of the Republic of Kazakhstan to universally recognized
norms of international law. Ministry authorized to make proposals on the
establishment of diplomatic and consular missions, representatives of the
Republic of Kazakhstan to the international organizations. To achieve its
goals, the Ministry may take within its competence a normative legal acts which
are mandatory for the higher and local government agencies in the
implementation of their international relations.
Ministry
is headed by the Minister, who is appointed and dismissed by the President of
the Republic of Kazakhstan. Several deputy ministers assists it in the exercise
of any functions of the Minister. Each of the Vice-Minister leads a group of
departments and units of the Ministry.
The
Minister is responsible for the following functions: represents the Republic of
Kazakhstan in its relations with foreign states and international
organizations, within their competence, in accordance with the laws of RK,
appoint and release from the post the staff of the diplomatic service, issues of
labor relations which are within the competence of the Minister, etc. Minister
of Foreign Affairs, as by virtue of its powers and functions of daily head of
Foreign Ministry, communicates with the other states also no special authority
in each case, he may represent the state and government at the meetings of the
General Assembly, the UN Security Council, etc.
Overseas
missions are foreign bodies responsible for representation of the Republic of
Kazakhstan in foreign states or international organizations. Foreign bodies of
external relations are divided into two groups – permanent and temporary.
Permanent bodies day-to-day are working abroad, representing the interests of
the state, making direct contact with the heads of state and governments of the
host country. These include embassies and missions to Heads of State and
Government, led by ambassadors and envoys. That is permanent diplomatic
missions, consulates, trade missions, either as part of diplomatic missions or
independent bodies that have specific functions, the permanent missions to
international organizations. Temporary agencies are different delegations, some
representatives, as well as so-called observers at international conferences,
congresses, international commissions, some representatives in the state
jubilees, coronations and other events.
The Regulations “On
the Diplomatic and Equated to Mission of the Republic of Kazakhstan” as of
February 4, 2004 defines the status of representative of our state. This
specifies that the Embassy of the Republic of Kazakhstan – overseas mission of
the Republic of Kazakhstan, is a diplomatic mission, carrying out
representation of the Republic of Kazakhstan to the host state, headed by
Ambassador accredited to Heads of State; the diplomatic mission of the Republic
of Kazakhstan – overseas mission of
Kazakhstan, equated to a diplomatic mission, acting for the Republic of
Kazakhstan, headed by the charge d'affaires accredited to Ministers for Foreign
Affairs of the host state, the Permanent Mission of Kazakhstan to the
international organization – overseas mission of Kazakhstan, equated to a
diplomatic mission, acting for the Republic of Kazakhstan in the international
organization of which the Republic of Kazakhstan is a member, headed by the
Permanent Representative [3].
The main objectives of
representation are: implementing the foreign policy of the Republic of
Kazakhstan, the representation of the Republic of Kazakhstan in the relations
with the host country or international organization, providing by diplomatic
means and methods the defense of the sovereignty, security, territorial
integrity and inviolability of the borders of the Republic of Kazakhstan, its
political, trade, economic and other interests in relations with the host
country or an international organization, the protection of the rights and
interests of the Republic of Kazakhstan, its citizens and legal persons in the host
state.
Representation in established by the legislation
of the Republic of Kazakhstan performs the following functions: promotes the
strategy of the international policy of the Republic of Kazakhstan; ensures the
implementation of a single political line of the Republic of Kazakhstan in the host
country or an international organization; presents to Ministry a proposals on
the relations of the Republic of Kazakhstan with the host state or an
international organization; negotiates and helps to maintain official contacts
with public authorities of the host state
or to an international organization and in its framework; collects information
about the host state, analyses the relations of the Republic of Kazakhstan with
the host country, its foreign and domestic policy, the provisions of the
international system, as well as study of other countries and international organizations;
promotes the development of friendly and mutually beneficial relations between
Kazakhstan and the host state or international organization in the field of
economy, culture, science and other areas; spreads in the host country or an
international organization of information about domestic and foreign policy of
the Republic of Kazakhstan, the socio-economic, cultural and spiritual life of
the state; in cases of emergency or state of war or threat of their occurrence
in the country, as well as in neighboring countries, coordinates activities to
ensure the safety of the citizens of the Republic of Kazakhstan and retains
ownership of the Republic of Kazakhstan up to the emergency evacuation them to
a safe environment [3].
The Vienna
Convention on Diplomatic Relations, defines staff of the diplomatic mission.
According to the document – “the head of representation” – the person who
obliged by the sending State to act in that capacity. In the host country, only
one person can represent another country, and he is the head of representation
who is responsible for all its actions. States shall establish a permanent
diplomatic mission only with the mutual consent. [4].
So, the diplomatic
service bodies have major task of implementing by diplomatic means and methods
of our Republic`s efforts to promote international peace, global and regional
security. The objectives and functions of the diplomatic service helps carry
out the functions for the organization to negotiate and conclude international
agreements, elaboration of measures on national security, development and
expansion of trade, economic, financial, scientific, technological, cultural,
and other relations of the Republic of Kazakhstan with other countries and
international organizations.
References:
1.
Law of the Republic of Kazakhstan “On Diplomatic Service” on March 7,
2002.
2.
Regulations “On the Ministry of Foreign Affairs of the Republic of
Kazakhstan” dated October 28, 2004
3.
Regulations “On the Diplomatic and Equated to Mission of the Republic of
Kazakhstan” February 4, 2004
4.
The Vienna Convention on Diplomatic Relations of 18 April 1961.