 |
|
Subject: Law-enforcement authorities of the Republic of Kazakhstan
Plan:
- Bases of the organization and activity of law-enforcement authorities.
- Principles of justice. Courts of the Republic of Kazakhstan.
- Law-enforcement authorities of the Republic of Kazakhstan: Ministry of Justice, prosecutor's office, law-enforcement bodies, bodies of national security, financial police, legal practice.
Keywords: Law-enforcement authorities, justice.
Law-enforcement authorities.In jurisprudence there is a division of rules of law on material and procedural. Material rules of law are urged to regulate the content of legal relationship and the legal procedure regulating an order of protection of material rules of law from violations. Norms of a procedural law regulate jurisdictional, i.e. law-enforcement process which is carried out in a law-enforcement form by specially authorized bodies (court, prosecutor's office, police, etc.) in cases of commission of crimes and other offenses or in disagreements, i.e. when subjects of legal relationship can't come to the agreement concerning the rights and duties, they appeal to court. All the procedural rules are included into a criminal procedure and civil procedural law, and two material rules - into the constitutional and administrative law, being their components. Along with these rules there are the rules regulating procedure of other forms of state and imperious, law-enforcement activity which are also connected with realization of rules of a substantive law, but have no jurisdictional character (for example, marriage registration, delivery of permission to weapon storage, law-making activity, etc.). These rules usually call "procedural" and carry to the material and legal.
Thus, the procedural law can be defined as set (system) of the rules of law regulating an order, a form of jurisdictional law-enforcement activity of competent government bodies of the officials, directed on realization of norms of various branches of a substantive law. Law-enforcement activity in a procedural law is carried out by using of law enforcement agencies. Activity of the state and its bodies covers many spheres of the state and public life. One of the central places in it occupies performance of tasks of providing a law and order and legality, protection of the rights and freedoms of the person, protection of the rights and legitimate interests of the state and non-state organizations, labor collectives, fight against crimes and other offenses.
Providing law and order and legality are specially engaged in a much smaller range of bodies, those that exist solely or primarily in a such role . They can be called bodies of protection of a law and order, i.e. bodies which are urged to protect RK established by the Constitution, other legislative and legal instructions an order of life and state and society activity as a whole. It would be necessary to carry to number of such directions (functions): constitutional control; justice; organizational support of vessels; public prosecutor's supervision; identification and investigation of crimes; rendering a legal aid and protection on criminal cases.
In the sphere of law-enforcement activity the important place is taken by courts. At administration of justice or making the decision, pronouncing a sentence, the court carries out right application, realizes the powers of authority, interferes in the sphere of the rights and duties of the citizen or legal entities.
Judicial authority — is applied in the sphere criminal, civil and other forms of legal proceedings established by the law powers of authority of the court directed on consideration and permission of all affairs and disputes on the violated right. Judicial authority in the Republic of Kazakhstan belongs only to courts in the person of constant judges, and also the jurors involved in criminal legal proceedings in cases and an order, provided by the law. Justice in RK is carried out only by court. Judicial authority is carried out on behalf of the Republic of Kazakhstan and has the appointment protection of the rights, freedoms and legitimate interests of citizens and the organizations, ensuring performance of the Constitution, laws, other regulations, international treaties of the Republic. Judicial authority is carried out by means of civil, criminal and other forms of legal proceedings established by the law. Judges at administration of justice are independent and submit only to the Constitution and the law. Adoption of laws or other regulations belittling the status and independence of judges isn't allowed. Any intervention in activities of court for departure of justice is inadmissible and attracts legal accountability. On concrete affairs of the judge aren't accountable.
Judgments and requirements of judges at implementation of powers by them are obligatory for execution by all government bodies and their officials, physical and legal entities. Non-execution of judgments and requirements of the judge attracts the responsibility established by the law.
According to the principle of division of the authorities, purpose of judicial authority — is protection of the rights, freedoms and legitimate interests of citizens, government bodies, the organizations, ensuring performance of the Constitution, laws, other regulations, international treaties of RK.
Specific signs of judicial authority consist that it is carried out by only special government bodies — courts, by means of consideration in court sessions of civil, criminal and other cases in the procedural order established by the law.
The main function of courts is justice function. Justice — the type of the state activity which is carried out by court on consideration and permission of civil and criminal cases as it should be, providing legality, validity, justice and all-obligation of judgments. Judicial authority and justice are based on democratic principles which represent fixed in the Constitution and the legislation on vessels and the status of judges the basic provisions, the leading ideas defining essence and the maintenance of the organization and an order of activity of the courts at implementation of justice. Organizational communications are regulated by the legislation, the Constitutional law RK "About Judicial System and the Status of Judges of the Republic of Kazakhstan" of December 25, 2000, and functional — the legislation on legal proceedings (a criminal and civil procedural law). Courts of all levels are formed, will be reorganized and abolished by the President of the Republic on representation of the bodies authorized on it.
The judicial system of the Republic consists of three links and four instances. Set of vessels with equal powers is called as a link of judicial system. The judicial system of RK includes the Supreme Court of RK, the courts regional and equated to them, regional (city), and also military courts.
The instance — concept of legal proceedings, it defines stages of hearing of cases. In Kazakhstan four level arrangement judicial system functions: 1) courts of the first instance; 2) the appeal; 3) the cassation; 4) supervising instances.
Prosecuting authorities. According to art. 83 of the Constitution of RK and the Law RK "About Prosecutor's Office" of December 21, 1995 No. 2709 "RK prosecutor's office — RK accountable to the President the government body exercising the highest supervision by tool-grinding and uniform application of laws, decrees of the President of RK and other regulations in the territory of the Republic, behind legality of operational search activity, inquiry and a consequence, administrative and executive production" (item 1 of Art. 1 of the Law). Further in item 2 of Art. 2 of the Law is defined that "the prosecutor's office of RK carries out the activity irrespective of other government bodies and officials, political parties and other public associations".
Lecture 11.