Municipal police in the Republic of Kazakhstan


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let's review an example with creation of Local police service of law-enforcement bodies - Жергілікті полиция қызметі in the Republic of Kazakhstan, function, tasks, the prospects of development and conclusions

Municipal police in the Republic of Kazakhstan

Municipal police in the Republic of Kazakhstan
we continue a subject of foreign experience in creation and activity of municipal (local) police in the territory of the countries of the former USSR, in this article we will consider experience of our neighbors from Kazakhstan.
At once I will note that the experiment on creation of municipal police in Kazakhstan was begun rather recently (article was for the first time published in February, 2018), in January, 2016.

Local police service - Жергілікті полиция қызметі (kaz)
legal status of new structure of the Ministry of Internal Affairs of Kazakhstan approved the Law of November 02, 2015 «About modification and additions in some acts concerning activity of local police service». According to this document since January 01, 2016 the Local police service begins to operate on all territory of the Republic (further LPS).
At once it is worth paying attention on that, the fact that LPS is a component of the Ministry of Internal Affairs of the Republic, but not local governments. Respectively the word «Local» in its name already sounds rather conditionally.
According to the law appointment to the post of the head of LPS of the subject and release from it are carried out by Akim* with the consent of Maslikhat's deputies**. He has the right to set tasks of ensuring protection of public order for LPS and to demand their execution. The head of LPS reports at least two times a year – to Akimats*** and Maslikhatami and once a year – to the population.
The main document regulating activity of LPS is the «Provision on local police service of law-enforcement bodies» approved by the resolution of the government of Kazakhstan.
Not all police structures are a part of LPS, according to the law the following services treat it:
- local police inspectors;
- for minors;
- on protection of women against violence;
- road patrol force;
- nature protection police;
- receivers distributors and special receivers.

Functions and tasks:
Divisions of LPS within the competence:
- carry out a package of measures, directed to identification, studying, elimination of the reasons and conditions promoting commission of offenses;
- carry out a package of measures for protection of public order;
- exercise the state control and supervision of traffic and ensuring its safety;
- carry out production on cases of administrative offenses;
- conduct investigation of criminal offenses (mainly small weight);
- provide reception and conditions of keeping of the persons subjected to administrative detention and the persons which are not taking a certain residence or identity documents;
- carry out other powers provided by the legislation of the Republic of Kazakhstan.
And also within the competence carry out other tasks which are set for LPS by akims of subjects.
Proceeding from the list of the assigned tasks, LPS has powers not only to be engaged in prevention and control of offenses and administrative offenses, but also to conduct legal proceedings and to make decisions on administrative and criminal cases.
However, in spite of the fact that LPS is financed by means of the local budget of the subject, it continues to remain a component of the Ministry of Internal Affairs of Kazakhstan.

Conclusion (it was published in February, 2018)
in my opinion, creation of Local police service in such format, the Ministry of Internal Affairs of Kazakhstan decided to repeat bitter experience of the Ministry of Internal Affairs of the Russian Federation of twenty-year prescription. Then in the late nineties the Russian militia was divided too as financing when a part of employees was financed by means of the local budget, however at the same time police officers though got paid from local authorities, but were in the structure of the Ministry of Internal Affairs of the Russian Federation and obeyed first of all the orders of the ministry.
Such situation often led to emergence of the conflicts between local authorities and the management of the Ministry of Internal Affairs, regarding examinations whose instructions for Territorial Offices and the Departments of MIA have paramount value. The end all this showdown put only the Federal Law «About Police» which categorically subordinated all police structures of the Ministry of Internal Affairs of the Russian Federation, without any reservations.
I consider that any form of a diarchy especially in law enforcement agencies only disturbs. In the majority of the countries where municipal and state police exist in parallel, they are accurately divided not only on a financing source, but also on the system of submission. The state police submit only the Ministry of Internal Affairs, municipal police only to local governments.
The duality in a control system more than once proved the full insolvency, it as the ship under command of two captains at once, its destiny is always predictable, it or goes to a bottom, or to run aground.

Addition to earlier published conclusion (July, 2019)
judging by messages in media, the situation with development of local police service in Kazakhstan faced the same problems, as her predecessors in our country. About them I already wrote in the first conclusion which was at the time of the first publication of article in February, 2018. Apparently, already then between the management of LPS and their colleagues in territorial Departments of the Ministry of Internal Affairs of Kazakhstan serious disagreements began to arise, which is not surprising at realization of model of the local police service using the system of dual management. At the same time, proceeding from these media reports, the Ministry of Internal Affairs of Kazakhstan the beginning systematically to reduce powers of local authorities and to increase own role in a control system of LPS. Thus, LPS actually returned to the structure of the Ministry of Internal Affairs of the Republic, having only nominally kept the word «Local» in the name. But also it lasted not for long. The final end to the fate of Local police service of Kazakhstan was put by the Resolution of the government of RK No. 37 of 07.02.2019. As this resolution it was recognized become invalid "The provision on local police service of law-enforcement bodies", that is the main document which regulated activity of LPS.
I think that the history Жергілікті полиция қызметі can be considered finished at the moment. Whether it will have a continuation - it is still unknown. Anyway, I will attentively monitor a situation.



terms and definitions:
* Akim - is the head of executive power of the subject, the representative of the President and the Government of the republic in the subject;
** Maslikhat – representative body of the subject (parliament, a thought);
*** Akimat – executive authority of the subject (administration).

The photo is taken from the website of the Ministry of Internal Affairs of the Republic of Kazakhstan.



article for the first time was published on February 23, 2018 on Yandex Dzen channel
in connection with closing of the channel it is postponed for the website on March 27, 2019
the last change is made on July 08, 2019








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ATTENTION
the text is translated by means of technical means of the translation
original language of the text – Russian
some words and phrases can be translated not correctly and not correspond to original sense


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