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CHAPTER 5. IMPLEMENTATION OF STATE POLICY

 

5.4 Public control and citizen participation


Kazakhstan's society in the post-Soviet period experienced a complex and contradictory stage of radical transformation of the legal system, revising the foundations of relations between the state and citizens, forming a new model of interaction «individual – civil society – state». This period of change was characterized by a rethinking of key values that determine the direction of further development of the country.

In the development and implementation of state policy in Kazakhstan, the leading role traditionally belongs to the state. This is due, on the one hand, to its significant capabilities as the main institution representing society, and, on the other, to the specifics of historical development, insufficient institutional maturity of civil society and limited mechanisms of its interaction with state bodies.

Interaction of public institutions with public authorities is a complex two-way process. On the one hand, the state exerts influence on political institutions, public organizations and associations through its authorities. On the other hand, public institutions can influence the state and its management structures, ensuring active participation of citizens in political processes and public administration.

The stability of State power is largely determined by its ability to take into account the diverse interests of citizens, maintain the balance of public forces and promote the development of civil, democratic and self-governing principles.

At the same time, as the researchers note, the state, despite its broad capabilities, cannot independently develop and implement policies without interaction with civil society. The optimal model is one in which the State and civil society cooperate, ensuring mutual control and effective governance. The most important tool that allows society to participate in the management of state processes is the mechanism of public control.

Public control – the activity of subjects of public control carried out in the order and forms established by the Law «On Public Control» and other laws of the Republic of Kazakhstan, aimed at analyzing and evaluating acts and decisions of objects of public control for compliance with public interests[59].

The main signs of public control:

- public control acts as a means of ensuring a balance of interests of various social groups;

- the purpose of public control is to protect human rights by combining and coordinating the efforts of civil society;

- public control is a guarantor of the implementation of social norms;

- public control extends to various areas of state activity;

- public control is widespread, based on broad participation of different segments of society;

- participation in the implementation of public control is voluntary[60].

The tasks of public control are:

- involvement of citizens of the Republic of Kazakhstan in the process of public control;

- ensuring high-quality implementation of projects implemented within the framework of national priorities of the Republic of Kazakhstan;

- ensuring that public opinion is taken into account when making decisions by objects of public control;

- ensuring transparency and openness of the activities of objects of public control;

- ensuring the interaction of subjects and objects of public control;

- improving the efficiency of public control facilities;

- increasing the level of trust of citizens of the Republic of Kazakhstan in the activities of objects of public control;

- formation of intolerance to illegal behavior in society[61].

Subjects of public control may include:

- citizens of the Republic of Kazakhstan, with the exception of: persons with outstanding or outstanding criminal records; persons recognized by the court as incapacitated or with limited legal capacity; persons under the age of eighteen; persons registered in organizations providing medical care in the field of mental health, for mental, behavioral disorders (diseases), including persons who have previously been held criminally liable for committing corruption offenses, extremist and terrorist crimes, including those related to the use of psychoactive substances;

- non-profit organizations registered in the Republic of Kazakhstan, with the exception of religious associations, non-profit organizations with foreign participation, as well as whose activities are suspended or prohibited in accordance with the current legislation;

- other entities that have been granted the right or authority to exercise public control (for example, Public Councils, the National Preventive Mechanism, Special Monitoring Groups, etc.).

Objects of public control include:

- bodies and institutions of executive state power and local government (ministries, local executive and representative bodies (akimats and maslikhats) of all levels);

- state institutions that are not state bodies (objects of education and health care, preschool organizations, objects of physical culture and recreation institutions and culture, i.e. those institutions that carry out their activities at the expense of budget funds);

- quasi-public sector entities (state-owned enterprises, LLP, JSC, including national management holdings, national holdings, national companies, the founder, participant or shareholder of which is the state, as well as subsidiaries, dependent and other legal entities that are affiliated with them in accordance with the legislative acts of the Republic of Kazakhstan);

- autonomous educational organizations (Nazarbayev intellectual Schools in the regions, as well as Nazarbayev University);

- executors of functions of central and (or) local executive bodies (non-profit organizations that are entrusted with the performance of state functions at the expense of the state budget. For example, special social services, TOO (centers for technical inspection of cars, etc.).

Forms of public control in Kazakhstan are:

- public discussion is conducted in order to organize public consideration of acts and decisions of objects of public control that affect the rights and legitimate interests of an unlimited number of persons;

- public expertise is carried out by subjects of public control for the purpose of analyzing and publicly evaluating acts and decisions of objects of public control that affect the rights and legitimate interests of an unlimited number of persons;

- public monitoring is the monitoring of the course of activities of objects of public control that affect the rights and legitimate interests of an unlimited number of persons.

Thus, public control is an important tool for democratizing public administration in Kazakhstan. Its development requires a comprehensive approach, including improving legislation, increasing government transparency and activating civil society. Effective interaction between the state and society will make it possible to achieve greater openness and accountability of the authorities to the people.


[59] Law of the Republic of Kazakhstan «On Public Oversight» https://adilet.zan.kz/rus/docs/Z2300000030. Date of access 12.03.2025

[60] Grib V. V. Public Oversight: Textbook. – Moscow: IG "Jurist", 2017. – P. 37.

[61] Law of the Republic of Kazakhstan «On Public Oversight» https://adilet.zan.kz/rus/docs/Z2300000030. Date of access 12.03.2025