ADMINISTRATIVE ACTS.

Legal forms:

1. Acts (regulatory and individual).

2. Administrative contracts (agreements).

3. Presenting of special reports established by the law.

4. Fulfillment of other legal significant actions.

Non-legal forms:

1. Fulfillment of organizational actions (meetings, inspections, instruction, calculation)

2. Material and technical actions (office work, work with information).

Methods of executive bodies activity.

Administrative methods: using of direct tools (like orders or instructions).

Economic methods: using of economic tools (taxes, customs payments, financial benefits).

Persuasion: using of propaganda, suggestion and other influence on people emotions and will.

Enforcement: using of special measures by the state bodies for people who resist to law requirements.

Administrative act is official decision of executive bodies or other body of state administration which creates, changes or terminates legal relationships.

Features of administrative acts:

1. Legal force.

2. Under the law, accordance with acts of other higher bodies.

3. Special form.

4. Legal consequences.

5. Official character.

Types of administrative acts:

1. Depending on body which issues certain act:

- acts of Government;

- acts of ministries (agencies etc.);

- acts of akimats.

2. Depending on official name:

- resolutions;

- orders;

- decisions;

- rules, instructions

3. Depending on territory:

- republican (national);

- regional;

- local.

4. Depending on way of adoption:

- individual (personal)

- collective

5. Depending on form:

- verbal (oral);

- written;

- contracting (signal, gesture, shot).

6. Depending on time:

- limited by time;

- unlimited

7. Depending on legal quality of the acts.

- Individual acts and

- Regulatory acts (general and derivative)

All derivative acts cannot exist without general.

Hierarchy of regulatory acts:

Constitution of the Republic of Kazakhstan;

1. Law amending Constitution.

2. Constitutional Laws and Presidential decrees having force of constitutional laws.

2-1. Codes.

3. Laws and presidential decrees having force of law.

4. Regulatory regulations of the Parliament and its chambers.

5. Regulatory decrees of the President.

6. Regulatory regulations of the Government.

7. Regulatory order of the ministries and other heads of central executive bodies;

regulatory regulations of the central bodies and Central Election Commission.

7-1. Regulatory acts of the heads of vedomstvo.

8. Regulatory decisions of the maslikhats, regulatory regulations of the akimats;

regulatory decisions of akims.

Outside of hierarchy: regulatory regulations of the Constitutional Council and Supreme

Court.

Order of administrative acts issue:

1.Planning.

2. Preparation.

3. Concordance (agreement).

4. Scientific examination.

5. Adoption of the act.

6. State registration

7. Publication.

8. Entering to the legal force

Requirements for administrative acts:

1. Legality

- act must be in accordance with the Constitution, Laws or other higher regulatory acts;

- act must be issued in the frames of competence of state body;

- act must be issued in accordance to legal procedures.

2. Expediency,

3. Organizational-technical requirements.

Structure of the administrative act:

1. Point

2. Sub-point

3. Part

Suspension and termination of administrative acts:

Grounds for termination:

1. Expiration of term (period of validity);

2. Adoption of the new act which is in conflict (contradiction) with the old;

3. Recognition of the act as unconstitutional;

4. Recognition of the act as act which lose validity.

Date: 2015-12-24; view: 706