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CHAPTER 5. IMPLEMENTATION OF STATE POLICY

 

5.1 Public authorities and their functions in the implementation of public policy.


The state, as an organization of public power, manages public processes, performing its many functions through a system of state bodies established in accordance with the procedure established by law. In the Republic of Kazakhstan, these bodies play a key role in implementing State policy, ensuring law and order, protecting the rights and freedoms of citizens, as well as developing the economy and social sphere.

State bodies are agents of State power and are vested with appropriate powers within the scope of their competence. They represent elements of the organizational structure of the state apparatus, ensuring the implementation of decisions and regulations. At the same time, the concept of «body» can be considered in a broader sense as part of an organization that unites a team of people to achieve certain goals. The body may be represented either by a single official or by a collective group of civil servants acting in accordance with the established procedure.

A state authority (state body) – is a part of the state apparatus that is endowed with state authority and exercises its competence under the authority of the state in accordance with the procedure established by it.

Distinctive features of state bodies are:

- constitutional and legal status. Each state body acts on the basis of the Constitution and laws of the Republic of Kazakhstan. Its rights, obligations, structure and procedure of activity are fixed in regulatory legal acts;

- state and governmental powers. State bodies have the right to make binding decisions, issue normative legal acts, monitor their implementation and apply measures of responsibility for their violation;

- a certain order of creation and liquidation. State bodies are formed in accordance with legislative procedures and may be reorganized or abolished in accordance with established legal norms.

- competence and subject of reference. Each body has clearly defined powers and scope of activity, which are regulated by regulatory acts. Competence includes issues under the authority of the body, as well as its powers in resolving these issues;

- organizational and legal forms. State bodies operate within certain organizational and legal models, such as ministries, agencies, committees, administrations, and other forms of governance.

- hierarchical subordination. State bodies can be subordinate to each other, which ensures a vertical management structure. For example, akimats report to the Government, while ministries coordinate the activities of subordinate institutions.

- financial support from the state budget. bodies are financed from the budget of the Republic of Kazakhstan, which ensures their functioning and performance of assigned tasks;

- legal responsibility. The activities of State bodies are subject to control, and their decisions can be appealed in court. Public authorities and their officials are responsible for violating the law.

The main feature of a state body is the presence of state-governmental powers, which are expressed in its competence and are implemented through managerial decisions taken. State bodies of the Republic of Kazakhstan issue normative and individual legal acts that have legal force, as well as take specific measures to ensure law and order and perform State functions.

In Kazakhstan, the system of state bodies is divided into:

- bodies of state power (legislative, executive, judicial);

- local government bodies (at the level of oblasts, districts, and cities);

- local self-government bodies (maslikhats and public councils) that perform administrative functions in the interests of the population, but do not belong to the system of state authorities.

The system of state bodies of the Republic of Kazakhstan is based on the principle of separation of powers into three branches:

- legislative (Parliament of the Republic of Kazakhstan and maslikhats);

- full-time (Government, ministries, akimats);

- judicial (courts of various levels, including the Constitutional Court).

Each State body has an internal structure defined by its functions and powers. Depending on the level in the hierarchy, the management system can be either simple (for example, the district prosecutor's office) or complex (bicameral Parliament, Government). The higher the level of the body in the state system, the more complex its organizational structure.

Thus, the state bodies of the Republic of Kazakhstan play a central role in the country's governance, ensuring the implementation of state policy, protection of citizens ' rights and development of various spheres of society in accordance with the legislation and principles of democratic governance.