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§ 1. The rights and duties of civil servants

The legal status of civil servants characterises not only an order and conditions of their receipt on public service, promotions and an order of its termination, but also their fundamental laws and duties, restrictions on activity, guarantees social and financial security, office career, the basis and an order of their attraction to disciplinary otv etstv enno sti.

Administratively-legal status civil servants it is defined by that: their rights and a duty are established, as a rule, within the competence of bodies in which they consist on public service; activity of civil servants is subordinated to realisation of the problems assigned to corresponding body, and has official character; their office rights and duties possess unity, the rights simultaneously are duties for should be used in interests of service, and duties - the rights for otherwise they cannot be carried out; realisation by employees of the office rights and duties is guaranteed by the legislation; lawful instructions and requirements of civil servants come under to execution by all to whom they are addressed; they have the right to promotion, i.e. on office career, an order and which conditions of realisation are established by standard legal acts; Their restrictions obshchegrazhdanskih the rights with a view of efficiency of office activity are provided; for them the certain privileges, the raised responsibility for the offences made by them [315] are provided.

The core of a legal status of the civil servant is constituted by its rights and a duty. As the rights of the civil servant are understood caused by the Constitution, statutory, others are standard -

mi certificates and possibilities protected by the state and professional work freedom on maintenance of execution of powers of the state bodies [316 [317] [318], the general for all civil servants of the relation, action and a condition of the civil servant whom it can carry out as its administrative discretion or in other order, in a case if introduction of that is provided by the law, the legal form of realisation of the general status of the civil servant in all legal relations of the public service, fixed in the Constitution, the Law on public service, other standard legal acts and the duty regulations, possibilities of the civil servant provided and protected by the state on realisation of the professional work directed on performance of the state problems and functions.

Thus, the rights of the civil servant define its legal possibilities on realisation of problems and functions of corresponding state body or the state.

Duties of the civil servant are caused by Constitution PK and statutory, other standard legal acts for obligatory regular realisation of function (the basic actions), relations and the conditions constituting in the set a being of professional work on maintenance of execution of powers of the state bodies which default is incompatible with the status of the civil servant, the form of realisation of its general status concerning a subject of its conducting, and also for a society and the states [319] established by the Constitution both other standard legal acts and duty regulations official requirements of the state to necessary behaviour of the civil servant, caused by sphere of its professional work on realisation of the state problems and functions and the post level, provided if necessary measures of the state compulsion [320].

So, duties of the civil servant open the official requirements of the state shown to due realisation by it of the professional work on public service.

In the legal literature following signs of the rights and duties of the civil servant are allocated: they belong to a special category of the citizens possessing the specific status, - the civil servant; define measures, volume and borders of possible and due behaviour of civil servants; their legal basis is wider, than at citizens. At civil servants they are fixed in the Constitution, laws, other standard legal acts, duty regulations, at citizens - only in laws; under the maintenance they concern sphere of professional work of civil servants, open features of their activity on realisation of the state functions; are supported by the state at the realisation: The rights of the civil servant are provided and protected by the state from infringements social and economic and organizatsionnopravovymi measures, performance of duties of civil servants is provided not only in the specified ways, but also by putting on on them positive responsibility for the activity, establishments of legal responsibility for their default, inadequate performance and application of means of the state compulsion in these cases [321].

The office rights are means of performance of duties on service. This concept is conditional: concerning powerless subjects it is the rights (for example to make accountable), but with a position of the state interest is its official duties. Therefore the office rights and duties are often consolidated by one concept - powers though not any right is a duty. The office rights carry obespechitelnyj character, their volume urged to create to the employee necessary conditions for performance of duties. Their balance is necessary. If it is not enough rights, the employee cannot carry out a duty; if rights more than it is necessary for realisation of duties, it leads to abusings. In case of balance infringement there is an irresponsibility [322].

Classification of the rights and duties of civil servants is in details developed in a science. Differentiation of the rights and duties of state employees is conventional on: 1) office (powers) and 2) personal (obshchegrazhdanskie).

The office rights and duties include: obshchesluzhebnye powers (acquaintance with the documents defining its rights and duties, reception when due hereunder the information and the materials necessary for execution of official duties, decision-making and participation in their preparation and so forth); official (special) powers are connected with posts.

Obshchesluzhebnye powers are subdivided on two subgroups: 1) concerning a being of office activity (honesty to fulfil official duties to provide observance of the rights of citizens and so forth); 2) accompanying the status of civil servants (to get acquainted with materials of the private affair not to make the actions leading to blasting of authority of public service) or on: 1) functional duties (to provide support of the constitutional system, honesty to carry out official duties to provide observance and protection of the rights of citizens, etc.); 2) obshchesluzhebnye restrictions (to be engaged in other paid work, enterprise activity to be the attorney or the representative on affairs of the third parties etc.).

It is represented, that obshchesluzhebnye the restrictions imposed on civil servants in spite of the fact that them sometimes name passive duties, represent itself as an independent element of a legal status. Therefore to consider them as a part of duties of the civil servant hardly would be correct.

Obshchegrazhdansky or individual rights and duties of civil servants the same, as at other citizens, the rights can be limited by the law in interests of normal functioning of public service. To them carry: «the career rights» (participation under the initiative in competition on replacement of a vacant state post, promotion, etc.); rights to maintenance and rest (on the monetary maintenance, annual paid holiday, on health services, a provision of pensions etc.); its rights of defence connected with realisation (the right to acquaintance with materials of the private affair, responses about the activity, carrying out under its requirement of office investigation for a refutation of the data discrediting its honour and advantage, etc.) [323].

L.T.Zhanuzakova offers classification of the rights and duties of civil servants by different criteria: 1) on a standard basis of their fastening: on the general and special; 2) depending on classification of the state posts: political and administrative employees; 3) on management levels: state employees of republican and local controls; 4) by a principle of division of the power and a place of corresponding body in the state mechanism: state employees of Administration of the President, devices of Chambers of Parliament, Office of the prime minister etc.; 5) depending on an is functional-branch cut: bodies of the general, branch, interbranch and special competence; 6) on character of official powers and post level: occupying supervising posts and being executors; 7) under the maintenance: political, sotsialnoekonomicheskie, organizational-functional, ethical [324 [325].

With some authors are allocated property and non-property

About

The rights and duties of civil servants.

Certainly, from the rights presented above classifications and duties certain substantiations have all under themselves, but fundamental laws and duties of civil servants are fixed in the item of item 8 and 9 Laws of Republic Kazakhstan from July, 23rd, 1999 № 453 «About public service».

Civil servants possess the basic personal (civil), political, social and economic both cultural rights and freedom which are guaranteed to citizens by the Constitution and laws RK.

In the Law of Republic Kazakhstan from July, 23rd, 1999 № 453-1 «About public service» the rights of the civil servant to respect of personal advantage, the fair and valid relation to from heads, other officials and citizens are separately reserved; on stimulation and a payment depending on a post with which it occupies, qualities, experience and other statutory bases; on a labour safety, health, working conditions safe and necessary for high-efficiency work; on social and a legal protection; on pension and social security.

It is a question of individual rights of the civil servant. According to D.N.Bahraha, they should stimulate performance serving the business charged to it. Here it is necessary to consider possibilities of the state (organisation), not to forget about social justice, not supposing excessive allocation of employees from a lump working [326].

These rights which are based on the constitutional norms, inherent in each person and the citizen, are concretised with reference to civil servants. So, the right to inviolability of advantage of the person (item 17 of Constitution RK), protection of the honour and advantage (item 18 item 1) it is detailed by its right to respect of personal advantage, the fair and valid relation to from heads, other officials and citizens and it is supported by an establishment of measures administrative (item 529 «the Insult of the official, threat of fulfilment of violent actions» Code PK about administrative violations) and criminal (item 320 «Insult of the public agent», item 321 «Application of violence concerning the public agent» UK RK) responsibility for its infringement.

The rights of the civil servant in the field of a labour safety and health, also having under themselves the constitutional basis (item 2 of item 24 and item 29), provide working conditions, not only safe, but also «necessary for high-efficiency work». It means, that the workplace of the civil servant should be not simply convenient, but well equipped, including as means (office equipment, phone and so forth), allowing it to work effectively and proizvoditelno.

One of the factors providing stability of public service, the motivation of work of civil servants is. The payment of civil servants should provide sufficient material conditions for unconditional and exhaustive course of duty, to promote completion of the state bodies by competent and skilled shots, to stimulate their diligent and initiative work. The system of a payment of political employees is defined by President RK. The Payment of administrative employees is carried out on the basis of Uniform system of the payment approved by the President. The wages are paid for the account of means republican and local budgets or from means of National bank.

The law provides certain guarantees on a payment, directed on protection of serving state bodies. So, reduction of budgetary appropriations cannot be the basis for wages reduction, and also financing of other statutory guarantees, privileges and indemnifications. Wages and other payments to administrative employees come under to indexation.

The decree of President PK from January, 17th, 2004 № 1284 approves Uniform system of a payment of workers of bodies of the Republic Kazakhstan containing at the expense of the state budget and the estimate (budget) of National bank PK [327]. For a payment of administrative employees on categories А-1, А-2, A-З, А-4, В-1, С-6, С-О-6, C-R-5, D-5, Е-5, E-R-5, E-G-4 three levels of a payment, on category В-6 - four levels of a payment are established. Level of a payment for the listed categories of administrative employees is defined by the official having the right of appointment to posts and clearings of posts of civil servants. These persons have the right to award, render material aid and to establish extra charges to official rates of pay of workers at the expense of economy of the means provided on maintenance of activity of corresponding state body, in an order established by Government RK. Factors for calculation of official rates of pay and grants for improvement of the administrative employees which size varies depending on level of a payment and the public service experience, factors for calculation of the specified payments to workers of separate bodies or separate categories of officials are approved.

Governmental order PK from January, 23rd, 2004 № 74 with the changes brought by governmental order PK from March, 30th, 2010 № 244, establishes the base official rate of pay of the state administrative employees which for 2010 has constituted 13 613 tenges with correction factor at a rate of 3,62 [328]. In 2011 and 2012 the base official rate of pay about 17 696,25 tenges are raised.

The Republic Kazakhstan government last years constantly takes steps on increase of wages of state employees, payments of additional grants to improvement, bonus. As to political civil servants in the press data on a payment high-ranking state sluzhashchh are promulgated. For example, monthly average wages at ministers about 400 000 tenges. To the first assistants to ministers the accounts department charges the salary under the rate 283 202 tenges, to assistants to ministers - 261 126 tenges. The Prime minister on the average receives about 700 000 tenges [329].

Thus, if the payment of political leaders is quite competitive with posts of the higher managers in negosudarstvennom the wages of administrative civil servants for the present lag behind even an average index on republic.

For comparison: in such countries as Canada and Poland, average wages of the civil servant in 2,5 times exceeds national, and in Singapore this indicator constitutes 3,9 times.

Now increase of wages of civil servants is carried out basically within the limits of the general increase in wages to workers of all budgetary organisations, i.e. its growth goes mechanically as there is no the system allowing differentsirovanno to approach to an assessment of works of each employee. It limits attraction possibility on public service of the most talented and prepared workers, does not allow to solve a problem of increase of an overall performance of the state bodies. On the contrary, the given circumstances involve outflow of the most qualified employees in a private sector.

One of ways of the decision of the given problem is the differentiation of a payment with its orientation to a labour market condition, the big flexibility and not monetary methods of motivation of work of civil servants. Thus it is necessary to extend a multilevel payment for all categories of posts of administrative employees. It is important to create in each state body special fund for encouragement of the most competent and caused a stir employees (bonus payments, surcharges, bonuses).

Now the Government of Kazakhstan continues realisation of administrative reform in which frameworks introduction of three-level system of a payment for each category of posts with an establishment of 10 % of th difference between them and 30 % of th difference between categories is provided. Introduction of such parities will allow to establish rupture in a payment between the higher executive position and local in 2,5 times that corresponds to world practice. The three-level system of a payment with step to 10 % will give the chance to the head to motivate the best employees, holding the same post, but performing work of different degree of complexity.

The tarifno-qualifying grid of a payment based on factors which depend on a post which is occupied with the civil servant is introduced, and from the work experience the order of awarding, rendering of material aid and an establishment of extra charges to official rates of pay of workers of state bodies PK at the expense of means of the state budget Is defined.

Important point is maintenance of civil servants with legal possibility in reception of additional earnings. So, in 2009 in Law PK from July, 2nd, 1998 № 267-1 «About struggle against corruption» have been made changes and the additions allowing the state employee (except for members of the Government and the Constitutional Council) to get and realise shares of the open and interval share investment funds, bonds on the organised securities market, the action of the commercial organisations (in the volume which is not exceeding 5 % from total of voting actions or - ganizatsy) on the organised securities market to transfer in the dwelling bailment for hire.

The law of Republic Kazakhstan from July, 23rd, 1999 № 453-1 «About public service» regulates questions of holidays of civil servants. It grants paid annual leave by duration of 30 calendar days with payment of the grant for improvement at a rate of two official rates of pay. At will annual paid holidays can be given to them in parts. Granting of holiday without wages preservation is supposed also. Under the decision of the head of the state body or the responsible secretary or other official defined by the President of Republic Kazakhstan, civil servants can be withdrawn from annual or additional holiday. The Rest of not used holiday is given to the civil servant during any other time of corresponding year or joins holiday next year. In case of transfer or appointment of the employee to other state post if it has not been use holiday in a former place of work, on a new place of work paid annual holiday can be given before the expiry of the term established by laws.

In Law item 22 it is not defined, whether the consent of the civil servant to its response from holiday is required. In a context of the maintenance of this norm establishing the fact of a response which, certainly, will not be carried out without obvious necessity, and also response according a right to the corresponding supervising official, it is obvious, that the consent of the civil servant in this case it is not required. But in order to avoid dual interpretation and norm application in practice expediently given blank to fill, having brought in item 4 of item 22 of the Law «About public service» after a word of "holiday" addition «without their consent».

The law of Republic Kazakhstan from July, 23rd, 1999 № 453-1 «About public service» does not regulate the bases and duration of additional paid holiday.

Thereupon it is possible to address to experience of Russia where questions of granting of such holidays are settled in the legislation on public service. So, to the civil civil servants having nenormirovannoe working hours, annual additional paid leave is granted. Its duration is defined by the collective agreement or the office schedule of the state body, and it cannot be less than three calendar days. In case such holiday is not given, from the written approval of the civil employee execution of official duties outside of the established duration of working hours is paid by it as overtime work. An order and conditions of granting of annual additional paid holiday to the federal civil employees having nenormirovannyj office day, are established by the Government of the Russian Federation [330], and the civil employee of subjects of the Russian Federation - standard legal acts of subjects of the Russian Federation. Duration of additional paid holiday for long service is estimated at the rate of one calendar day for every year civil service. At calculation of the general duration of holiday annual basic paid holiday is summed up with additional paid holiday for long service. The general duration of annual basic and additional paid holiday for long service for the civil employees displacing the higher and main posts of civil service, cannot exceed 45 calendar days, for the civil employees displacing posts of civil service of other groups, - 40 calendar days.

In our opinion, with a view of completion of a legal blank (questions of additional holidays are not regulated also by other standard legal acts, concerning civil servants) it is necessary to add item 22 of the Law of Republic Kazakhstan from July, 23rd, 1999 № 453-1 «About public service» item 2-1 of the following maintenance:

«2-1. To the Civil servants having nenormirovannyj the working day, annual additional paid leave lasting not less than three days is granted. Duration of annual additional paid holiday for long service is estimated at the rate of one calendar day for each three years of public service. At calculation of the general duration of annual paid holiday annual basic paid holiday is summed up with annual additional paid holiday for long service. The general duration of annual basic paid holiday and annual additional paid holiday for long service for civil servants cannot exceed forty five calendar days.

Additional paid holiday is given to civil servants also in other cases established by the legislation of Republic Kazakhstan ».

Norms of item 23 of the Law of Republic Kazakhstan from July, 23rd, 1999 № 453-1 «About public service» regulate questions of encouragements of civil servants. These encouragements can carry both material, and moral character. So, for exemplary performance of official duties, faultless public service, performance of tasks of special importance and complexity and for other achievements in work civil servants can be encouraged by single monetary compensation; the gratitude announcement; rewarding by a costly present; other forms of encouragement provided by legislation RK. For special merits they come under to rewarding by the state awards RK.

In case of liquidation or reorganisation of the state body administrative employees are provided with work in again formed or in other state body according to their qualification. In default from employment they leave in an order established by the legislation. Thus to the employees having the experience of work in the state bodies not less of three years, the severance pay at a rate of four monthly average wages [331] is paid. In case of death of the state employee the lump sum at a rate of three monthly average wages on last duty station in the state body is paid to members of his family, thus the size of the grant cannot be below the minimum established by legislation PK.

Civil servants have the right on social and a legal protection, on pension and social security. In item 24 of the Law of Republic Ka - zahstan «About public service» from July, 23rd, 1999 № 453-1 measures of social protection of civil servants are fixed. They are provided with habitation in an order established by the legislation. For individual housing construction to the civil servants requiring improvement of living conditions, the ground areas are free of charge given. Civil servants and the members of their families living together with them, use health services in corresponding official bodies of public health services.

Pension and social security of civil servants is carried out according to legislation RK. The special order is established only for a provision of pensions of civil servants on special kinds of service. In the Russian Federation while the right of the state civil employees to pension on a length of service remains, acceptance of the special Federal act «About a provision of pensions of the persons, passing civil service, and their families» which will be the general for military men, pravoohranitelej and civil employees however is in the long term provided.

The civil servant has the right to participate in limits of the powers in consideration of questions at issue and acceptance on them of decisions, to demand their execution by corresponding bodies and officials; to receive when due hereunder the information and the materials necessary for execution of official duties; to visit when due hereunder for execution of official duties of the organisation, irrespective of the form of their property; to demand from the head of exact definition of problems and volume of office powers according to a post occupied with it; on entering to higher state bodies and officials of offers on public service perfection. These are the so-called office rights which use provides effective execution of the powers by it.

From July, 23rd, 1999 № 453-1 «About public service» it is necessary to bring the norm similar under the maintenance to norm from the Russian Federal act from July, 27th, 2004 № 79-FZ in item 8 of the Law of Republic Kazakhstan «About the state civil service of the Russian Federation» about the right of the civil servant to acquaintance with official regulations and other documents (duty regulations - A. T.), defining its rights and duties on a displaced post, criteria of an estimation of efficiency of execution of official duties, indicators of productivity of professional office activity and conditions of official growth (subitem 2) item 14 item 1).

The matter is that the right to demand from the head of exact definition of problems and volume of office powers, in our opinion, does not cover the rights specified above as duty regulations contain the information not only on a post, the rights and duties of the civil servant, but also on other questions: the working mutual relations (contacts) necessary for realisation of official duties, a level of responsibility on the given post, criteria (indicators) of an assessment of works etc.

The right of the civil servant free to get acquainted with materials which passages of public service concern by it, in necessary cases to give personal explanations; on promotion taking into account qualification of abilities, diligent execution of the official duties; to demand office investigation in the presence of groundless, according to the employee, charges; on dismissal from public service at own will, on the one hand, are legal guarantees of its office career, with another - protect it from unreasonable prosecution from higher officials.

The Russian Federal act from July, 27th, 2004 №79-ФЗ provides the right of the civil employee to protection of data on it, i.e. personal data, in separate article regulates questions of conducting the private affair of the civil employee, duties of personnel service of the state body to observe certain requirements at processing, storage and transfer of personal data of the civil employee. Though in Kazakhstan questions of protection of personal data are regulated by Law PK from January, 11th, 2007 № 217-SH «About information» [332] and in the general form in other laws, but they do not cover to the full the requirement of maintenance of safety of such data, including on paper carriers. Therefore fastening in the Kazakhstan law of the specified norm will be an additional guarantee of protection of the civil servant, including from any use of these data without its consent.

The civil servant has the right to retraining (training for a new profession) and improvement of professional skill at the expense of means of the corresponding budget.,

In item 8 of the Law of Republic Kazakhstan from July, 23rd, 1999 № 453-1 «About public service» fundamental laws of the civil servant are more exhaustively fixed. Meanwhile, the rights of separate political and administrative employees are fixed in other laws and the subordinate legislation. For example, in Position about the Representative under the human rights, approved the Decree of President PK from September, 19th, 2002 № 947, defines the rights of the Representative. There are no bases to say, that these rights are nonbasic as they integrally constitute a part of its competence. The constitutional law from December, 29th, 1995 № 2737 «About the Constitutional Council of Republic Kazakhstan» in item 19 fixes powers of the chairman of Council.

Therefore we consider correct to add item 8 of the Law of Republic Kazakhstan from July, 23rd, 1999 № 453-1 «About public service» subitem 17) with words: «17) on realisation of other rights established by the legislation of Republic Kazakhstan».

The basic duties of civil servants are fixed in Law item 9. Civil servants are obliged:

- To observe the Constitution and the republic legislation;

- To make oath the civil servant in an order approved by the President of Republic Kazakhstan;

- To provide observance and protection of the rights, freedom and legitimate interests of citizens and legal bodies, to consider as it should be and in the terms established by the legislation, references of citizens, to take on their necessary measures;

- To carry out powers within the rights given to it and according to official duties;

- To observe state and a labour discipline;

- To take up restrictions, statutory;

- To observe the norms of office ethics established by the legislation;

- To execute orders and orders of heads, decisions and instructions of higher bodies and the officials, published within their powers;

- To store the state secrets and other secret protected by the law, including after the termination of public service during time, statutory about what give a subscription;

- To keep the data as fiduciary received on duty mentioning private life, honour and advantage of citizens, and not to demand from them granting of such information, except for cases, pr I go review ennyh z akono d ate l stv an ohm;

- To provide safety of a state ownership;

- Immediately to bring to the notice of a management of the state body in which they work, or to law enforcement bodies about become by it known cases of corruption offences;

- To raise the professional level and qualification for effective course of duty.

One their important duties - observance of norms of office ethics. The decree of President PK from May, 3rd, 2005 № 1567 approves the Code of honour of civil servants PK [333]. In it the basic standards of behaviour of civil servants, first of all from the point of view of their moral shape are established. Duties on observance of these requirements carry not only moralnoetichesky, but also legal character as for their infringement they can be involved in legal responsibility. In the Code are fixed etikopravovye standards of behaviour of the state employees, consolidated in three groups: 1) at realisation of the professional work; 2) in relations with citizens; 3) in relations of the civil servants occupying supervising posts, with the subordinates. Many of them follow directly from norms of Constitution RK, Laws PK «About public service», «About struggle against corruption» and other laws fixing principles of the organisation and activity of the state and its bodies, the right and a duty of officials, restriction on activity of civil servants.

The majority of these duties of civil servants acts in the passive form and does not demand from them essential efforts. In them the moral party of behaviour of state employees prevails, their legal basis is in many respects dim. Frequently those or their other actions breaking the requirements of the Code of honour, are not considered by vessels and other bodies as contradicting the law, hence, do not involve impeachment. Civil servants should not express publicly the opinion concerning a state policy and office activity, if it: 1) mismatches the basic directions of a policy of the state; 2) opens the office information which is not resolved to promulgation; 3) contains unethical statements to officials of the state.

Considering observance by civil servants of norms of the Code of honour as an office debt of civil servants, the legislator provides possibility of their attraction to a liability of infringement of requirements of the given certificate. The collective of the state body under the decision of the official having the right of appointment and clearing of a post of the civil servant, can consider the fact of non-observance by it of the Code of honour and take out following the results of consideration social censure.

The concrete duties of civil servants following from statutory Republic Kazakhstan from July, 23rd, 1999 № 453-1 «About public service» the basic duties, are defined on the basis of qualifying requirements and reflected in duty regulations.

The order of the chairman of Agency PK on affairs of public service from February, 1st, 2011 № 02-01-02/12 approves Methodical recommendations about working out and the statement of duty regulations administrative state служащего1. They are intended for unification of duty regulations of administrative civil servants in the state bodies, both central, and local.

Duty regulations is the document in which the rights are reflected, duties and the powers of the administrative civil servant following from laws and other standard legal acts, regulating activity of the state body, departmental certificates and commissions of a management of the state body concerning the organisation of activity of the administrative civil servant. It includes the positions directed on realisation by the administrative civil servant of the strategic plan of the state body and achievement of the purposes put in it, problems and the indicators directly related to structural division in which the administrative civil servant consists.

Separately it would be desirable to stop on a problem of discretionary powers of civil servants which usually are understood as the powers which are carried out by them under own discretion [334]. There is also other treatment of the given term according to which the official has the right to make of the decision not only concerning subordinates to it of bodies and persons, but also not the establishments subordinated to it and citizens, within powers, statutory [335].

In our opinion, the first definition as discretionary powers are carried out by officials of the state bodies in relations with different subjects and in different fields of activity is more exact. Thereupon pertinently to put a problem of an establishment of limits of realisation of discretionary powers of civil servants, definitions of the subjects allocated with them.

The legislation analysis shows, that the number of discretionary powers of the official increases in process of increase of a rank and a post category. The greatest quantity of such powers the higher officials of the country - the President, the prime minister, the chairman of the Supreme Court etc., and also the political civil servants occupying supervising posts (ministers, chairmen of agencies, akimy etc.) possess.

We believe, that the list of the officials possessing discretionary powers, should be limited only by the political state employees occupying supervising posts. The political employees occupying other posts, and administrative employees should not be allocated with such powers. According a right on realisation of actions at the discretion of the official in relations with citizens and legal persons is especially dangerous at rendering of various state services, realisation of kontrolno-supervising, allowing and other powers. Use in the legislation concerning officials of formulations "has the right", "can" etc. creates a field for their wide discretion, so for numerous abuses of authority and formation of corruption conditions. The given circumstance is considered by preparation of the project of the Code of public service of Republic Kazakhstan.

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A source: Turisbek Ajnur Zautbekkyzy. Public service in Republic Kazakhstan (a theory and practice problem). The dissertation On competition of a scientific degree of the doctor of juridical science. Moscow - 2011. 2011

More on topic § 1. The rights and duties of civil servants:

  1. 2.1. The rights and duties of civil servants of civil department
  2. § 2. Concept and value of the mechanism of realisation of the civil rights and discharge of duties
  3. § 3. Interrelation of realisation of the civil rights and discharge of duties
  4. § 2.2. The administrative rights and duties of subjects Civil society.
  5. § 1. Gnoseological essence of principles of realisation of the civil rights and discharge of duties
  6. § 2. The functional approach as a basis of studying of principles of realisation of the civil rights and discharge of duties
  7. Chapter 3. ELEMENTS of the MECHANISM of REALIZATION of the CIVIL RIGHTS And DISCHARGE OF DUTIES
  8. Chapter 7. PRINCIPLES-METHODS of REALIZATION of the CIVIL RIGHTS And DISCHARGE OF DUTIES
  9. institute of legal responsibility of civil servants of civil department as a conceptual basis of struggle against bribery and lihoimstvom on public service
  10. Section I. REALIZATION of the SUBJECTIVE CIVIL RIGHTS And DISCHARGE OF DUTIES: CONCEPT And the MECHANISM
  11. Chapter 1. REALIZATION of the SUBJECTIVE CIVIL RIGHTS And DISCHARGE OF DUTIES: CONCEPT And INTERRELATION
  12. Chapter 5. SYSTEM And the FUNCTIONAL PURPOSE of PRINCIPLES of REALIZATION of the CIVIL RIGHTS And DISCHARGE OF DUTIES
  13. § 3. A parity of concepts «civil-law principles» and «principles of realisation of the rights and discharge of duties»
  14. Chapter 2. CONCEPT of the MECHANISM of REALIZATION of the CIVIL RIGHTS And DISCHARGE OF DUTIES And ITS PARITY WITH ADJACENT CATEGORIES