PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of September 20, 2002 No. 949

"About the Concept of legal policy of the Republic of Kazakhstan"

According to Item 1 of article 40 of the Constitution of the Republic of Kazakhstan for the purpose of determination of the main directions of legal policy of the state I decide:

1. Approve the enclosed Concept of legal policy of the Republic of Kazakhstan (further - the Concept).

2. To the government of the Republic of Kazakhstan to develop and approve the actions plan on implementation of the Concept in a month.

3. To the central and local state bodies of the Republic of Kazakhstan in the law-enforcement practice to be guided by Concept provisions.

4. To impose control of execution of this Decree on Administration of the President of the Republic of Kazakhstan.

5. This Decree becomes effective from the date of its signing.

Approved by the Presidential decree of the Republic of Kazakhstan of September 20, 2002 No. 949

Concept of legal policy of the Republic of Kazakhstan

1. Introduction

Adoption of the Constitution of the Republic of Kazakhstan which determined strategic directions of development of society and state, affirmed fundamental rights and freedoms of man and citizen, and also new system of the state institutes became the main result of execution of the State program of legal reform in the Republic of Kazakhstan (1994) (1995). In development of the constitutional regulations the constitutional laws are adopted: "About the President of the Republic of Kazakhstan", "About Parliament of the Republic of Kazakhstan and the status of his deputies", "About the Government of the Republic of Kazakhstan", "About judicial system and the status of judges of the Republic of Kazakhstan", "About republican referendum", "About elections in the Republic of Kazakhstan", the Presidential decree of the Republic of Kazakhstan which is valid the constitutional law, "About the Constitutional Council of the Republic of Kazakhstan" and other legal acts which constituted basis of the national legal system of Kazakhstan.

On the basis of the Constitution of the Republic of Kazakhstan of 1995 the new constitutional right according to which the presidential government, the most acceptable for our state firmly affirmed is created. There was separation of the single government into three of its branches. More and more fruitfully the permanent two-chamber parliament functions. Measures for strengthening and enhancement of the executive authority are taken. The single judicial system is created, measures for ensuring independence of judges are taken.

The civil law governing the relations of private property, civil society, free entrepreneurship gained further development. In the criminal law essentially new hierarchy of the social values which are subject to protection, based on priority of the natural, inalienable rights and human freedoms is determined. The civil procedural, criminal procedure and criminal and executive legislation, considerably corresponding to the principles which affirmed as the world community is significantly changed.

Important component of reform was the reorganization of courts and system of law enforcement agencies directed to increase in efficiency of their human rights activities.

The procedure for lifetime appointment of judges with participation in forming of the judicial case of all branches of the power and judicial community is entered, the measures raising their status and level of security are realized.

According to the Constitution of the Republic of Kazakhstan inquiry and pretrial investigation on criminal cases are performed by special bodies and are separated court and prosecutor's office. For the purpose of release of law-enforcement bodies from functions unusual for them the fire service was removed from structure of these bodies. The Center of legal statistics and information under the Prosecutor General's Office of the Republic of Kazakhstan with transfer to it is formed of law-enforcement bodies of functions of maintaining criminal and legal statistics. Along with it, based on the Kazakhstan scientific research institute of judicial examinations "The center of judicial examination of the Ministry of Justice" for the transfer account to it from Committee of homeland security, the Ministry of Defence, law-enforcement bodies and customs authorities of the relevant expert divisions is created.

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