О местных представительных и исполнительных органах Республики Казахстан

Автор: Пользователь скрыл имя, 29 Ноября 2012 в 09:30, реферат

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Актуальность темы исследования установлено, что в Казахстан основы и принципы местных представительных органов в теоретическом и практическом аспектах, как один из элементов общей системы власти, начали развиваться совсем недавно. Тем не менее, в этот период некоторый практический опыт в формировании и функционировании местного самоуправления представителя, создал основу рамки и самое главное - в общественном сознании укрепляться и далее развивал идею о невозможности дальнейшего цивилизованного, демократического развития страны без развитой идеи народного представительства.

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Differentiated by levels of management: 
1) general powers attaching maslikhats all levels; 
2) additional powers maslikhat area (city of republican status, capital) making representations to approve the scheme of regional planning, the project master plan of the regional center, the city and the capital to the Government of the Republic of Kazakhstan, the approval of projects of regional planning of administrative districts, the general plan for the city Region (except the regional center) and regional importance, at the suggestion of akimat decision to borrow under the laws of the Republic of Kazakhstan; 
3) additional powers to the regional (city) maslikhat: approval of master plan of cities, towns and villages located in the territory of the region. 

On the subject of the different powers: 1) Maslikhat as a collegial body, it carries on the session, and 2) the Audit Commission maslikhat 3) standing committees maslikhat 4) other bodies maslikhat 5) Secretary maslikhat 6) Chairman's maslikhat 7) MP maslikhat. 

According to legal sources can differentiate fixing powers maslikhats established: 1) the Constitution of the Republic of Kazakhstan, and 2) the Law "On local government in the Republic of Kazakhstan", and 3) other legislative acts of the Republic of Kazakhstan. 
Industry authority Maslikhats can be combined into the following groups: the authority of the Budget, Finance and taxes; authority for planning and regional target programs in the field of power industry, construction, transport and communications, business development, the authority in land use and agriculture; powers in the field of environmental protection, subsoil and natural resources authority for health authorities in the field of education and culture, the authority in the field of employment and social welfare authorities in the field of defense and security, public order, mobilization training, protection rights of citizens in the area of ​​authority of administrative-territorial unit. They are set not only by the Constitution and the law "On local government in the Republic of Kazakhstan", but, mainly, sectoral laws. The peculiarity of these powers is that they regulate a wide variety of areas of local government, and are scattered throughout the legislation in the form of individual chapters, articles and items 
Consider some more powers. 
Authority in the area of ​​the budget, finance and taxes. Adoption of the budget and reports on its implementation - one of the most important prerogatives maslikhat. Approved by the local budget, maslikhat gives the final "good" for the production of certain priority development area, region, city, determine the sources and amount of budget revenues, budget expenditures that are tied to the challenges facing them, and also controls the execution of the budget, plans and programs. 

Local representative bodies in the field of budget and finance secured RK Law of 1 April 1999 "On budget system." Thus, the decision maslikhat on the local budget for the financial year must include: the volume of proceeds of official transfers, return of loans from local budgets, expenses, credits, deficit (surplus) budget and deficit financing (of surplus) budget, the size of the reserves of local executive, a list of marginal costs by functional groups, administrators, local budget programs and programs; lists of local current budget programs and budget development programs and so established the terms and procedure for the development and presentation of the Maslikhat local budgets, as well as the timing of their adoption. 

Development of the local budget is assigned to city administration. Therefore, any adopted budget is the result of a compromise between the local representative and executive bodies. 
At the same time, today maslikhats nearly impossible to realize their social role through the approval of local budgets, as their formation continues to be on top by redistribution of taxes removed from their regions. For example, the budget of revenues and expenditures for 1998 Khromtau district of Aktobe region was set in the amount of 220 million tenge, while only in 1997 listed the district to the national and regional budgets of more than 1 billion 200 million tenge. This approach has become a region artificially subsidized. Along with the state budget, the local representative body hears reports on its execution, thus carrying out its oversight function. Its implementation is entrusted to the Audit Commission maslikhat. Procedure for monitoring the execution of the local budget is provided by the Law of RK as of January 29, 2002, "On the control over execution of the republican and local budgets." 

According to some researchers, law maslikhats unduly reduced, forcing them to act as petitioners and be at the mercy of the executive. Therefore, they propose to extend their authority in the fiscal sphere, preliminary budgeting for cities and districts to implement with maslikhats legislatively set interest payments from the district, the city budget to the regional budget income, social, and other taxes, to allow the opening of off-budget funds Mayors and agreement with maslikhats, expand the rights of the Audit Commission. 
The legislation is not giving a clear answer to the question, what are the consequences of non-approval of maslikhat execution report of the local budget. The double disapproval of the local budget could result in the early termination of his powers. And what could be followed in case of unsatisfactory performance evaluation of the budget of the representative body? Unclear. 
The literature even been suggested that the lack of serious disputes between the Mayors and maslikhats - "index of weak powers maslikhat lower his authority nepridaniya deputies to the local representative body of the corresponding high value maslikhat inertia." 
 Laying on maslikhats development of local budgets, even in cooperation with local authorities, it is impractical. They do not have the relevant expertise, the unit of a few. In addition, it will mean taking on executive functions, interference in the executive structures that may result in a conflict with akimats. The same applies to the proposal to open an off-budget funds Mayors and agreement with Maslikhats. Rather, it is necessary to strengthen the control of local representative bodies in this area, to give them the right to control the spending of budget funds. 
In addition, the disapproval maslikhat execution report of the local budget can become a basis for our confidence in the akim. Such an approach should be to fix the legislation. 

Local representative bodies now also have some responsibilities in the area of ​​taxes. They can lower the rate of land tax for certain categories of taxpayers, to establish the rates of payment for environmental pollution, for forest use, for the use of protected areas of local importance, for placement of outdoor (visual) advertisements on the objects in the right of way of public roads local importance, towns, etc. 
Given that now the burden of some of the social benefits to citizens transferred from the state budget to local, is proposed to strengthen the role of local representative bodies in setting taxes, allow them to tax adjustments in the field for a number of areas, particularly agriculture, characterized by instability in the collection of taxes, often depending not on individuals and artists, and the climatic conditions and the prevailing market prices for the consumer market. 
 Powers in the field of planning and regional target programs. The competence is maslikhats approval of plans, economic and social development programs, territory and reports on their implementation. Legislator separate statement specifies the local representative bodies programs to protect the environment and natural resources in their respective territories, as well as programs to promote employment and combat poverty. This means that if you select the other priorities of socio-economic development of the local government are free, preparation and approval of the environmental protection programs, employment and poverty reduction is a must for them and out of the national tasks. 
As local agencies in the matter of execution of local plans and programs under the control of, and accountable to the representative bodies, we would have to legislate the same effects that we offer in the case of non-approval of the report on the execution of the local budget. If maslikhat not approve reports on the implementation of local plans and programs, it can also be a basis for confidence in the akim, heads of relevant executive bodies on the ground.


2.2 The primary activity maslikhat. 
The existence of any state is impossible without a legislative, executive and judicial power. 
In accordance with the Constitution which celebrated last year its 10th anniversary just came maslikhat name - the local representative body elected by the population of the region, expressing the will of the people and in accordance with the laws of the Republic of Kazakhstan shall determine the measures necessary for its implementation, and monitoring their implementation. 
Maslimhat is legitimate, provided the election of at least three of four of the total number of its members to certain Central Election Commission of Kazakhstan on elections.

Maslikhat - the local representative body in the Republic of Kazakhstan; 
• an elected body, elected by the population area (city of republican status, capital) or area (city of regional significance) 
• expresses the will of the people and in accordance with the laws of the Republic of Kazakhstan 
• identify the measures necessary for its implementation, 
• and control their implementation. 

Maslikhat is legitimate, provided the election of at least three-fourths of the total number of its deputies. 
Participating in the work of maslikhat and its organs, the deputies decide important matters of state, economic, social and cultural development, make regulations and other decisions, according to their competence, of providing them to life, monitor compliance with the laws of the Republic of Kazakhstan and the decisions of the local representative and executive. [1] 
Maslikhat working in maslikhat the liberated base, may not hold other paid offices except teaching, research and creative activity, may not engage in business activities, member of an administrative or supervisory body of the commercial organization. [1] 

Key Concepts 
1. Akim - the President and the Government of the Republic of Kazakhstan, who heads the local agency (if established) and to ensure that public policy in the relevant territory, coordinated functioning of all regional offices of the central executive bodies of the Republic of Kazakhstan, the authority of the executive agencies financed from the relevant budget, with authority government in accordance with the laws of the Republic of Kazakhstan, is responsible for the state of socio-economic development of the area; 
2. Akim - the state agency providing the activities of the local executive body (if established) and the Mayor; 
3. Apparatus maslikhat - government agency that provides activities corresponding maslikhat, its organs and members; 
4. Executive body, financed from the local budget - the state agency authorized to conduct certain akimat functions of local government and financed by the respective local budgets; 
5. Chairperson maslikhat - official maslikhat, elected from among its members, provides organizational and administrative functions at the session maslikhat; 
6.Mestnoe government - the activities carried out by the local representative and executive bodies for the purpose of public policy in the territory, its development within the scope defined by this Law and other laws, as well as being responsible for the situation in the territory; 
7. Local government agency (city administration) - the collective executive body, headed by Governor of the region (city of republican status, capital), region (city of regional significance), which carries within its competence, local government administration in the territory; 
8. The local representative body (maslikhat) - an elected body, elected by the population area (city of republican status, capital) or area (city of regional significance), which expresses the will of the people and in accordance with the laws of the Republic of Kazakhstan shall determine the measures necessary for its implementation, and monitoring their implementation ; 
9. Maslikhat session - the main form of activity maslikhat; 
10. The control circuit administrative unit - the system of executive bodies located in the territory of budget of the respective administrative-territorial unit; 
11. Territorial division of the central executive body - a structural unit of the central executive body within the respective administrative unit as the central executive body. 
Legislation on local government 
1. Legislation on local government based on the Constitution of the Republic of Kazakhstan and consists of this Law and other legal acts of the Republic of Kazakhstan. 
2. This Act applies to the city of Almaty and the capital to the extent not contrary to the law of the Republic of Kazakhstan on the special status of Almaty and the status of the capital. 
Economic and financial affairs maslikhat 
Economic and financial framework for local government are: 
1. Local budget; 
2. Property assigned to the municipal entities; 
3. Other property in the community property under the laws of the Republic of Kazakhstan. 
Basic requirements and restrictions 
1. Akymaty maslikhats and its activities must: 
1. Prevent "decision-making, not a national relevant internal and external, financial and investment policies; 
2. Respect the interests of the Republic of Kazakhstan's national security; 
3. Adhere to national standards set by the public interest in the fields; 
4. Ensure that the rights and legitimate interests of citizens. 
2. Maslikhats and akimats forbidden to accept solutions that prevent the formation of a single market for labor, capital, finance, and the free exchange of goods and services within the Republic of Kazakhstan. 
3. Development plans adopted by maslikhats and akimats must meet the strategic plans of the Republic of Kazakhstan.




Maslikhats activity regulated by the Constitution of the Republic of Kazakhstan and the Law of RK "On the local representative and executive bodies of the Republic of Kazakhstan" dated December 10, 1993. The constitution to conduct maslikhats include: 
 approval of plans, economic and social development programs of the territory, local budget and reports on their implementation; 
addressing specific issues of local administrative-territorial structure; 
 consideration of the reports of local executive bodies on matters falling within the competence of the law maslikhat; 
 formation of standing committees and other working bodies, hearing reports about their activities, other arrangements. 
These powers more specific in the law of the local representative and executive bodies. However, a detailed analysis of the law and its comparison with those legislative bodies of some foreign countries suggest that, compared with the executive maslikhats assigned a minor role in the socio-political life of the country. Defined and expressed by the following circumstances. 
First, the presence of a non-democratic electoral system. Using its exclusive right to the formation of election commissions at all levels and to monitor their activities, the Executive has almost unrestricted possibilities to influence the electoral process and the adjustment of the election results on your own. As a result, members of Parliament and Maslikhats were mostly persons enjoying the confidence of the executive or experiencing them loyalty. Deviants The deputies almost everywhere in the minority. 
Secondly, there are no clear mechanisms maslikhats impact on activities of the Akims and other local agencies. Hearing their reports, approval of the draft budget presented by Mayors and other documents of a purely formal nature. 
The practice of parliamentary inquiries at the local level while there, but it does not guarantee acceptance by the executive bodies of responses to a particular question raised maslikhat deputy. In this case, a mandatory response to the parliamentary inquiry is simple unsubscribing. 
As for the set § 5, Art. 87 of the Constitution of Kazakhstan maslikhat right to express confidence in the akim and statement to the president or a senior akim question of his release from his office, in practice this rule is not working. First of all, because in the current circumstances it is difficult to collect two-thirds majority of members who are dissatisfied with the work of Mayor and was not afraid to express this relationship is open. But, most importantly, that the final decision on the matter rests with the head of state or a senior akim, who may not agree with the opinion of the deputy of a maslikhat. 
Third, Maslikhat not have the right of immunity. In this regard, they are vulnerable to the respective Mayors, which may, for example, to initiate their persecution in the workplace, including dismissal or to administrative and criminal liability. 
Fourth, maslikhats not have their own funds and property (premises, transport, etc.) required for its operations, are in complete financial and economic dependence on the governors. 
Fifth, is the imperfect legislation defining issues of maslikhats. The law on local representative and executive bodies have not yet been brought into line with the current Constitution of Kazakhstan according to the demand of its paragraph 4 of Art. 92. The new law is not yet adopted. 
Sixth, in contrast to the executive agencies, covering all settlements of the republic, maslikhats occur only at the level of regions, cities and the capital of the republic, and cities of regional subordination. In the cities of district subordination, towns, villages, towns, and rural districts aul the legislature, as such, is not really. 
Seventh, between the representative bodies at all levels do not have any ties that strengthen this branch. Parliament pays more attention to the national scale. Although, as a legislative body, it could really affect the change of the position of maslikhats and empowering. 
Eighth, unlike Parliament maslikhats do not function on a permanent basis. The main activities are carried out only during their sessions, which are held once a quarter. However, on the initiative of at least one-third of its members or of the corresponding Mayor may be held an extraordinary session. But this does not solve the problem. As a result, many urgent problems of the population in these regions and localities are not always subject to review maslikhat deputies. As for the permanent and temporary committees maslikhats deputies created to address specific issues, the law in question did not determine the order of their work and provides them any rights. 
Ninth, the poor quality of maslikhats effect and that they have no leadership, organizing their work. Chairperson maslikhat reelected at each session and, as a rule, is only concerned with those issues are dealt with at the session led by him. He is not the head of maslikhat, but only presiding over its meetings. Working as permanent secretary maslikhat performs mostly clerical duties and has no right to interfere in the work of the session.























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