RIGHTS AND DUTIES ACCORDING TO THE ADMINISTRATIVE LAW

RIGHTS AND DUTIES ACCORDING TO THE ADMINISTRATIVE LAW 1. State service.

State service characterizes the executive power from inside. State service is a professional activity of a citizen in state bodies directed on realization of state governing.

State service in RK is based on the following principles: law Kazakhstan patriotism Unity of the system of state service independently of division of state power into legislative, executive and judicial. Priority of rights, freedoms and law interests of citizens to state interests

Civil servant is a citizen of the RK being engaged in state body, getting salary from state budget and fulfilling his duties with the purpose of realization tasks and functions of state.

The Legislation of the RK determine the following categories of civil servants: Civil servants occupying political posts Administrative civil servants

Administrative responsibility and administrative offence Administrative offence is an illegal, guilty (intentional or careless ) action or inaction of a business; and it is punished according to the Code about administrative offence. Putting penalty on individual doesn’t release business from administrative responsibility and vice versa. Administrative responsibility for offences, foreseen by articles realizes if these offences do not entail criminal responsibility.

Administrative penalties. Administrative penalty is a measure of state coercion, used by judges and bodies for commitment of administrative offences and it means that the person committing such types of offence loses his civil rights or they are limited. Administrative penalty is used with the purpose of restoring of social justice and upbringing of offender in the way of observance of legislation and respect of law and also preventing of new offences. The aim of administrative penalty is not hurting a person physically or humiliation of his dignity or inflicting harm on business reputation of a business.

Types of administrative penalties: 1. warning 2. administrative fine 3. confiscating of the thing, being an instrument of commitment or direct object of administrative offence 4. confiscation of the thing being an instrument of commitment or direct object of administrative offence; income, money and securities received by committing administrative offence.

5. loss of special right 6. deprivation of license, special permission, qualification certificate or stopping its action for a certain type of activity or commitment of certain activities. 7. stopping or ban of individual owner activity 8. compelled (forced) destruction of selfwilled building or built construction. 9. administrativearrest 10. administrative departing a foreigner or a person without citizenship