Concept of administrative law • Independent branch in the system of the Kazakhstan right is the administrative law. In the most general form it is possible to tell that administrative law is the administrative right. It realizes the relations arising during formation and functioning of public administration, and serves the sphere of the public and municipal administration. It regulates all administrative relations, except those which are fixed by other branches of the right of RK.
Concept of administrative law • Administrative law is the branch of the right, norms of which regulate the public relations arising in the course of public administration, during formation of structures of executive power, establishment of their competence, definition of duties, the rights and responsibility of civil servants, and also at implementation of protection of a public order, life, the rights and freedoms of citizens.
Executive power. • The government carries out executive power of the Republic of Kazakhstan, heads system of executive bodies and presides their activity. Competence, an order of the organization and activity of the Government are determined by the Constitution and the Constitutional law of the Republic of Kazakhstan «About the Government of the Republic of Kazakhstan» from December 18 of 1995 with changes and amendments. The government is joint body and is responsible before the President of the Republic, and in the cases provided by the Constitution — before Mazhilis of Parliament and Parliament.
Executive power. • 1) develops the main directions of social and economic policy of the state, its defense capacity, safety, providing a public order and organizes their implementation; • 2) delivers to Parliament the republican budget and the report on its execution, provides budget performance; • 3) presents drafts of laws to Mazhilis and provides execution of laws;
Executive power • 4) organizes management of state ownership; • 5) develops measures for carrying out foreign policy of the Republic; • 6) directs activity of the ministries, the state committees, other central and local executive bodies; • 7) cancels or stops completely or in a part action of acts of the ministries, the state committees, other central and local executive bodies of the Republic; • 8) appoints to the post and dismisses heads of the central executive bodies which are not a part of the Government; • 9) carries out other functions assigned to it by the Constitution, laws and acts of the President.
Administrative coercion • Administrative coercion means organizational, physical and mental impact of the executive bodies allocated with special powers on implementation of the administrative power, on certain persons on purpose to force them to carry out legal instructions, and in case of offense commission – to impose on them official penalties.
Local representative bodies • Local public administration is carried out by local representative and executive bodies which are responsible for a state of affairs in the corresponding territory. • Local representative bodies are maslikhats express will of the population of the corresponding administrative and territorial units and taking into account state interests define the measures necessary for its realization, supervise their implementation. Maslikhats are elected by population on the basis of general, equal, a direct suffrage at ballot for a period of five years. The deputy of maslikhat should meet the following requirements: be the citizen of the Republic of Kazakhstan who has reached twenty years. The citizen of the Republic can be a deputy only of one maslikat. Maslikhats fulfill the following:
Maslikhats fulfill the following: • 1) approval of plans, economic and social programs of development of the territory, local budget and reports on their execution; • 2) the solution of the questions of the local administrative -territorial device • 3) consideration of reports of heads of local executive bodies on the questions carried by the law to competence of maslikat; • 4) formation of constant commissions and other working of bodies of maslikhat , listening of reports on their activity, the solution of other questions connected with the organization of work of maslikhat;
Maslikhats fulfill the following: • 5) implementation according to the legislation of the Republic of other powers on ensuring the rights and legitimate interests of citizens. • Local executive bodies – akimats are included into uniform system of executive bodies of the Republic of Kazakhstan, provide carrying out nation-wide policy of executive power in a combination with interests and requirements of development of the respective territory.
Local executive bodies fulfill the following: • 1) development of plans, economic and social programs of development of the territory, local budget and ensuring their execution; • 2) management of a municipal property; • 3) appointment to the post and release from a position of heads of local executive bodies, the solution of other questions connected with the organization of work of local executive bodies; • 4) implementation in interests of local public administration of other powers assigned to local executive bodies by the legislation of the Republic
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