The Administrative responsibility

Local executive bodies

Government of the Republic of Kazakhstan

President of the Republic of Kazakhstan

President is the subject of administrative law of the Republic of Kazakhstan as a head of state.

Office of President of the Republic of Kazakhstan has a pronounced political character. It defines the main directions of domestic and foreign policy, forms of this policy is the main part of the political leadership in the state activities. The term of office, elections, rights and responsibilities, early termination of powers of the President of the Republic of Kazakhstan can be found in Section III of the Constitution, as well as in the Decree of the President of Kazakhstan, having the force Constitutional Law «On the President of the Republic of Kazakhstan" dated December 26, 1995.

The Government of the Republic of Kazakhstan is the highest executive and administrative body, heads the executive system, carries guide their activities. If the President in the general master plan determines domestic and foreign policy, the Government is implementing direct management, management in various areas of public life across the country. It organizes management state property, decides all matters of state control, except the Constitutional competence of the Parliament and the President of the Republic of Kazakhstan (section IV of the Constitution, Presidential Decree Having the Force constitutional law «On the Government of Kazakhstan," 1995).

Local public administration shall be exercised by local representative and executive bodies which are responsible for the state of affairs of the respective territory.

Local executive bodies shall be a part of a unified system of the executive bodies of the Republic of Kazakhstan, and ensure conduct of the general state policy of the executive power in conjunction with the interests and development needs of the respective territory.

The term administrative responsibility serves several purposes in the field of public administration, depending on the both the person using the term and the context. In all cases, administrative responsibility involves both the behavior of a public servant, and certain expectations others have with respect to that behavior. If behavior is reasonably close to the expectations, the public servant is said to be responsible; if the behavior deviates from the expectations in certain ways, the public servant is said to be irresponsible. Further, a person, group, or legal entity can work toward achieving greater responsibility from others by applying certain tools for bringing behavior more closely in line with expectations. Beyond that, what constitutes administrative responsibility falls into roughly four different types, with some overlap among them:

Objective responsibility.

o Expectations. The expectations for this type of responsibility come from the law and the constitutional chain of authority where "X is accountable for Y to Z". Politicians are accountable to the public for the writing of law; public officials are accountable to polititicians for the implementation of law; subordinate officials are accountable to their superiors for the carrying out the mandates superiors made in light of implementation. The expectations of objective responsibility are generally normative.

o Behavior. Behavior that upholds the "declared or clearly deducible intention" of the law constitutes responsible behavior, while behavior that runs counter to this sense constitutes irresponsible behavior.

o Tools. The tools available for keeping behavior in line with expectations include "the courts and disciplinary controls within the hierarchy of the administrative departments, and... the authority exercised over officials by responsible ministers based on sanctions exercised by the representative assembly".

Administrative responsibility - the most common type of legal liability. Every day, thousands of people and organizations violate various rules and regulations, for which subsequently occurs punishment.

Administrative law has the task of protecting the rights, freedoms and legitimate interests of human and citizen, health, sanitary and epidemiological welfare of the population, the environment, public morality, property, public order and the security of the established order of the government, legally protected rights and interests of organizations of administrative offences, as well as preventing the execution.

To fulfill this task the legislation on administrative offences establishes the basis and principles of administrative responsibility to determine which acts are administrative offences ands of penalties imposed for their commission, and which administrative penalty, by what state body (official) and the order can be imposed on the person who committed the administrative offence.

The administrative responsibility is the measures of administrative penalty to citizens and organizations for administrative offenses (misdemeanors) on the basis and in the order established by administrative law.

The issues related to the administrative responsibility are reflected in different legal acts of the Republic of Kazakhstan.

Basis of administrative law is an administrative offense (misdemeanor). Administrative responsibility may advance for a crime, and sometimes for disciplinary offenses.

It can be formulated as a meddler in state and social system, public or private property, rights and freedoms of citizens, the established order management wrongful, culpable action or inaction for which legislation provides for administrative liability.

Basic legal signs of administrative misconduct:

1. Wrongfulness.

2. Guilt.

3. Punishability.

4. Public danger or antisocial behavior.

An administrative offense:

1. The object is the public relations regulated by legal norms and protected administrative sanctions (i.e. what infringes the offense).

2. Objective side - action or inaction. Other features of the objective party to be included in the scope of crimes are generally not characteristic of the administrative offense. We are talking about the implications and causal link between the acts and consequences.

3. Misdemeanor subject - a person who commits an offense and is subject to administrative responsibility because of this.

4. Subjective side is composed of guilt in the form of intent or negligence.

Administrative penalties (liability)

Today there are 8 types of administrative penalties:

1. Warning.

2. Penalty.

3. Compensated seizure subject who appeared instrument or direct object of administrative offenses.

4. Confiscation of item which appeared instrument or direct object of administrative offenses.

5. Deprivation of a special right granted by this citizen (driving right, hunting right).

6. Administrative detention.

7. Establishing surveillance business.

8. Deprivation license (patent) for a specific activity.

Used and recommended literature:

1. Уваров В.Н. Теория государственного управления: Учебное пособие / В.Н.Уваров. –Алматы: КазГЮА. –2001.

2. Таранов А.А. Административное право Республики Казахстан. Учебник. Алматы 2003.

3. Foundations of Administrative Law by Peter Schuck. eBook: LexisNexis, 2-d Edition, 2012.

4. Comparative Administrative Law, edited by Susan Rose-Ackerman and Peter Lindseth. Yale Law School, 2009.

5. Administrative Law / by Alfred C. Aman, Jr., William T. Mayton. St. Paul, Minn.: West Group, 2001.

6. Administrative Offences Code. The Code of the Republic of Kazakhstan dated January 30, 2001 No. 155 // http://adilet.zan.kz/eng/

Answer the following questions using the information from this text:

1. What is administrative law concerned with?

2. Can administrative law be seen as a network of control over the use of public powers?

3. What characteristic features of public administration you know?

4. What is the system of administrative law? The sources of administrative law.

5. What are the functions of administrative law?

6. What are the sources of administrative law?

7. What are the entities of administrative law?

8. What is administrative responsibility?

Дата добавления: 2014-10-17