STANDARD-LEGAL BASE OF ACTIVITY OF FOREIGN POLICY BODY OF KAZAKHSTAN

/. First standard-legal documents of the activity of MFA of Kazakhstan

The standard-legal base of the activity was necessary for successful realisation of tasks facing before the foreign policy body. First such document was the rule " About the Ministry of foreign affairs of the Republic of Kazakhstan ", authorised by the Decree of the RK President on June 2,1992.

According to this rule the Ministry of foreign affairs of the Republic of Kazakhstan found the status of the central body of the diplomatic service of the country, which is ensuring the realisation of external policy of the Republic of Kazakhstan.

The structure of the Ministry included territorial divisions, becoming subsequently managements (America and Europe, Asia, Near and Middle East, CIS) and functional divisions - later managements (international-economic relations, legal, press and information, cultural relations and humanitarian co-operation, State protocol, international organisations, staff, consular, administrative - financial problems). Besides those the Management on work with diplomatic representations was created. The regional divisions - managements led all spectrums of problems of bilateral relations. Among those, functional divisions -managements of legal, international organisations and international-economic relations occupied an outstanding place.

Simultaneously with the Decree of the President on the rule "About the Ministry of foreign affairs of RK ", the Decision of the Council of the Ministers of the Republic of Kazakhstan on July 2,1992 " Problems of the Ministry of foreign affairs of the Republic of Kazakhstan " was adopted.

According to this decision a number of organizational and personnel problems of foreign policy body of the Republic of Kazakhstan were

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solved. First of all, it was necessary to settle the problem of selection of the staff of MFA,

According to the decision of the leaders of the Ministry the commission for selection of the people for the staff of MFA RK was organized. The necessary conditions for candidates of the employs of MFA RK were the presence of the diploma of higher education, knowledge of foreign language and experience of two-three year work.

The creation of MFA coincided with the period, when big foreign companies appeared in the Republic and opened their offices in Alma-Ata. Capable young people went there, as there their salary was rather higher than in MFA. As a result of persistent work of the commission, which sessions held twice a week in 1,5 years there were accepted 187 new employees, who under the direction of carrier diplomats worked in various divisions of the Ministry.

According to the decision of the Council of Ministers RK, in one year MFA directed some young diplomats to study at Diplomatic Academies and other higher educational establishments of foreign states. The young Kazakhstan diplomats had passed special courses of the Vienna Diplomatic Academy, Berlin branch of the Diplomatic Academy of MFA of the Federal Republic of Germany, the Diplomatic Academy of Russia. A number of young diplomats had passed the short-term training courses in India, Pakistan, Holland and other countries of the world.

For the purpose of perfection of selection, preparation and education of the staff the Temporary rule about the passage of the diplomatic service of the Republic of Kazakhstan was authorised by the order of the Minister of foreign affairs of RK on April 27,1993. It was determined that the diplomatic service is the component of the state service of the Republic of Kazakhstan and provides practical realisation of external policy, represents and protects the interests of the state in the international arena and also legal persons and citizens of the Republic of Kazakhstan abroad.

Later within the framework of the process of preparation of young diplomats the Diplomatic Academy of MFA of the Republic of Kazakhstan was created. In 1998 it carried out the second set for the students of biennial branch and the first set for courses of improvemenl

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of qualification of the Extraordinary and Plenipotentiary Ambassadors and higher officials of MFA RK.

The diplomatic service of any state is inconceivable without the ramified network of its foreign representations. The task of opening of the RK Embassies in the various countries stood before the external policy body. Rule "About the Embassy of the Republic of Kazakhstan", Rule "About the basic duties and rights of the Extraordinary and Plenipotentiary Ambassador of the Republic of Kazakhstan" were prepared by the Ministry and authorised by the decree of the President on July 2, 1992. At creation of these documents the Vienna convention on the diplomatic relations, 1961, being the basic international-legal document determining the status and the function of diplomatic representation at the Heads of states, were used. Except of these basic documents, Constitution of RK, the Decrees of the President of RK and normative documents of MFA RK were used.

In the accepted Rule "About the Embassy of the Republic of Kazakhstan" the basic functions of Embassy are determined: -Representation of RK in a host country; - Protection of interests of organisations, representatives, legal persons and citizens of RK in a host country; - Negotiating and maintenance of official contacts with the state bodies of a host country; - Learning of internal problems, the activity of governmental, state and other bodies of authority, tendencies of political, economic-social development in the host country; -Assistance of the development of friendly and mutually advantageous relations between RK and the host country in the field of economy, culture, science and other spheres; - Realisation of consular actions; -Explanation of an essence both purposes of external and internal policies of RK in a host country; - The supervision over performance of treaties and agreements, in which RK participates in a host country, including multilateral international ones.

Simultaneously with the Rule "About the Embassy of the Republic of Kazakhstan" the President of the Republic had ratified the Rule "About the basic duties and rights of the Extraordinary and Plenipotentiary Ambassador of the Republic of Kazakhstan'¹. It is specified in it that the Extraordinary and Plenipotentiary Ambassador

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of the Republic of Kazakhstan is the plenipotentiary representative of RK in a host country.

By the end of 1992 the sovereignty of the Republic of Kazakhstan was recognized by more than hundred states and such as Turkey, China, India, Italy, France, the USA were in time to open their diplomatic representations in Alma-Ata. According to the international practice the Department on service of the Diplomatic corps at MFA RK was created which could promote in search of buildings for embassies, attraction of the personnel for work in these foreign establishments and others.

The Rule about the basic principles and order of formation of the personnel of foreign representations of MFA RK and rotation of its diplomatic workers was authorized by the order of the Minister of foreign affairs on May 16,1994. It was determined that the number of the personnel of foreign representations of MFA RK was established by the Government on presentation of the Ministry of foreign affairs and by co-ordination with the Ministry of finance. The employees of foreign representations of MFA RK should be nominated among the employees of the Central staff of MFA RK. The rotation of diplomatic employees is stipulated in this Rule. Rotation, which is one of principles of the organization fact of the diplomatic service, used for the most effective utilization of business qualities of diplomats during passage of their service. The rotation provides moving the diplomats between structural divisions of the Central staff and of foreign representations of MFA RK and also in international organizations.

The order of the Minister of foreign affairs of RK on June 12,1994 authorized the Rule " About the order of realization of service certification of the diplomatic workers of MFA RK " for perfection of selection, arrangement and education of the diplomatic staff. The certification is called to promote revealing of the most capable and perspective employees. By results of certification the conclusion about conformity or unconformity of the workers to occupied posts, recommendation on concerning of the expediency of a stay in the diplomatic service and moving them into other sites of work was made, Terms and order of the realization of certification, structure of

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certification commission and other organizational problems were determined.

One of the documents reflecting the activity of the Ministry became the Rule "About the Board of the Ministry of foreign affairs of RK " authorised by the Minister on February 19,1996. In this rule it was provided that the Board of MFA RK was the consultative body at the Minister. The function were the development of measures on the realisation of the foreign policy of the Republic, consideration of international situation problems, practical work of the Central staff of the Ministry and its foreign establishments, checking of performance of the decisions of the President and the Government of the Republic of Kazakhstan, discussion of organization-personnel problems, hearing of the reports of the chiefs of divisions of the Central staff and foreign representations and other establishments of the Ministry system.

The Ministry of foreign affairs of the Republic of Kazakhstan is guided except those mentioned documents in its activity by the Decree of the President of the Republic of Kazakhstan valid to the Law " About the order of the conclusion, performance and denunciation of the international agreements of the Republic of Kazakhstan " signed on December 12, 1995, the Decree of the President of the Republic of Kazakhstan valid of the Law " About a state service " signed on December 26, 1995, the Decree of the President of the Republic of Kazakhstan " About the realisation of the international agreements of the Republic of Kazakhstan and arrangements, achieved during meetings and negotiations at high and intergovernmental levels " signed on April 9,1996.

According to the decision of the Government of the Republic of Kazakhstan new rule " About the Ministry of foreign affairs of the Republic of Kazakhstan " was authorised on September 9, 1996 for the further activation of the foreign policy activ ity of the Ministry of foreign affairs. In this decision the role of the foreign policy establishment is strengthened, which is the central body ensuring the realisation of external policy and state management in the field of external relations of the Republic of Kazakhstan.

Successful constructing of the Ministry of foreign affairs, creation of the atmosphere of personal responsibility of all employees beginning

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from the Minister up to ordinary employees in the realisation of the external policy of the independent sovereign Kazakhstan, first of all, promoted. Isanaliev MJ. wrote about this period " high professionalism, organisation and insistence of the managements of MFA Suleymenov T.S., Kurmanguzhin S.A., Tokaev K.K., Gizatov have mobilised the collective on complete selflessness and creative approach to work ".

The accepted standard-legal documents have allowed solving the tasks of the foreign policy body professionally.

2. Development of standard-legal base of the Ministry of foreign affairs the Republic of Kazakhstan

Many years activity of the Ministry of foreign affairs was experience of realisation of interstate official contacts and interstate relations, in connection with an exchange of diplomatic representations and their activity, experience of improvement of interaction with foreign representations, other ministries and departments of the Republic of Kazakhstan on external economic and other communications with foreign states.

The basic law "About a diplomatic service" should promote transition to a new stage of Kazakhstan diplomacy qualitatively, establish a legal basis of the activity of the diplomatic service.

Structure of the working group on preparation of the law included the leading workers of MFA, Ministry of finance, Ministry of economy, Ministry of Justice and Committee of national security. The law "About a diplomatic service" was approved by the Parliament of the country and the President of RK N.A. Nazarbaev signed it on November 12, 1997.

The diplomatic service of the Republic of Kazakhstan is determined as ''professional activity of the citizens in state bodies which are carrying out foreign policy activity of the Republic according to the legislation and the international treaties of the Republic of Kazakhstan". The activity of the Ministry of foreign affairs is created by the employees of the Ministry central staff, diplomatic representations and consular establishments of the Republic of Kazakhstan abroad, representations of the Republic of Kazakhstan at the international organisations, representations of the Ministry of foreign affairs in the territory of the

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Republic of Kazakhstan, Department on service of Diplomatic corps and subordinated organisations. Diplomatic academy and other educational establishments, which are under the control of the Ministry of foreign affairs, make the uniform system of bodies of the diplomatic service.

The law adjusts tasks and main functions of the Diplomatic service, settles the problems of personnel maintenance and assignment for diplomatic posts, diplomatic ranks, passage of the service, right and duty of diplomats.

After the law "About a diplomatic service" there was a necessity for acceptance of a new rule about the Ministry of foreign affairs. The decision of the Government of the Republic of Kazakhstan of November 12,1997 N» 1553 authorised a new Rule " About the Ministry of foreign affairs of the Republic of Kazakhstan '\ which should promote the activity of the Ministry of foreign affairs of the Republic of Kazakhstan.

The legal base of the Diplomatic service activity are Constitution of the Republic of Kazakhstan, Decrees of the President, Laws "About a state service", "About a diplomatic service", international agreements, standard and legal acts of the Republic of Kazakhstan.

CONCEPT OF STATE BODIES OF EXTERNAL RELATIONS,

Date: 2015-12-17; view: 748