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The mechanism of the state as a means of implementing policy.

In legal literature, the terms «mechanism of the state» and «state apparatus» are usually used as synonyms. The mechanism of the state is a series of government agencies, which is realized by the state government and the state leadership provided by society.

The state apparatus is a system of government, the general principles of inter-related organizations and activities. We list these principles: the priority of the rights and freedoms of citizens, democracy, separation of powers, rule of law, transparency, federalism, and professionalism. Thus, the state apparatus is a part of the machinery of the state, which is a set of public bodies with powers to implement government. The state apparatus consists of the following bodies: the legislature, the Parliament (Senate and the Majilis), President of the Republic of Kazakhstan, the executive authorities, the Government (Prime Minister, Deputy Prime Ministers), the judiciary (Supreme Court of the Republic of Kazakhstan and local courts), and prosecutors.

The concept of the mechanism of the state consists of the following components: state agencies, the state apparatus, and state enterprises. The mechanism of the state is a system of government designed to perform the tasks and functions of the state.

The public agency is a member of the state apparatus, participating in the exercise of the functions of the state and empowerment. The public agency has the following features: it is a separate element of the mechanism of the state, founded and operates on the basis of legal acts, peculiar only to perform the tasks and functions vested with authority, and has the appropriate structure, facilities and funds. Public authorities perform the tasks and functions on behalf of the State, have a certain competence, have authority, characterized by a certain structure, have a territorial scope of activities formed in the manner prescribed by law, and set out the legal context of the personnel.

The form of the implementation of the state government authorities classifies as representative, executive and administrative, judicial, prosecutorial and other enforcement authorities, by the principle of separation of powers; legislative, executive, judicial, by the hierarchy; national and local, by the implementation level; permanent and temporary, by the terms of office; collegial and one-man management, by the order of competency implementation; legislative, law enfor­cement and law enforcement, by the legal forms of activity; the organs of the general and special jurisdiction, by the nature of com­petence.

There are the following legal forms ofactivity: legislative, executive, police, and administrative control. Structure of the mechanism of the state includes state agencies, government agencies and businesses, government officials, and the organizational and financial resources, as well as forces needed to support the activities of states.

Prof. V.V Lazarev notes that «the mechanism of functioning of the state means the whole set of internal factors, institutes, providing the action parts of the state in their interdependence». It should be noted that the authorities are in close communication and co-ordination of the implementation of its immediate power functions.

Government agencies and enterprises of power do not have (except for administration), and perform general social function in the economy, education, health, culture, science and sports. Civil servants represent a category of people who are engaged exclusively in the management. We have already noted that the basic structural unit of the mechanism of the state is the state agency. Government body is an element of the state mechanism involved in carrying out the functions of the state and endowed with this authority. State authority is composed of civil servants, who are a special type of public officials.

State authority has the powers that express:

- the ability to issue binding regulations;

- enforcement of acts of state and methods.

State machine implements the functions of the state. The state ap­paratus is a hierarchical system of government. Some researchers consider the state as a mechanism of activity of state and believe that the state apparatus is the order of formation of government. Other researchers have suggested that the state mechanism includes the system of state institutions, besides the state apparatus, because they are also involved in the implementation of state functions.

Bureaucracy is the full-time part of the state apparatus (as opposed to an urgent, elective).

Mechanism of the state is public authorities which have the fol­lowing features:

1) have a public authority:

a) on the adoption of binding decisions;

b) on the application of measures of state coercion;

2) are formed in the manner prescribed by law;

3) act to the extent permitted their competence;

4) the scope of their competence exhaustively described in the law;

5) have a fixed structure.

Classification of state structures:

By the branches of power:

a) legal;

b) executive;

c) legal;

d) monitoring and oversight.

On the territory:

a) central;

b) regional.

In the order form:

a) elected by the people;

b) appointed by the President.

By the universality of competence:

a) general competence;

b) special (business) competence.

By way of decision-making:

a) alone;

b) peer.

Professors M.I. Abdullaev and S.A. Komarov claim that «the me­chanism of the state is a system of public institutions through which state power is realized, provided the state leadership of the society. Mechanism of the state is defined by its essence. This necessary connection can be described as a relation of cause and effect, which is mediated by the influence of the form of the state».

Doctor of Law, Professor A.S. Ibraeva emphasizes: «The state apparatus includes only specially created for the management of the public authorities, while the mechanism of the State is a system of government and activities of the state to pursue its objectives and functions. Mechanism of the state represents the state as a whole, its real materialized incarnation, and its «flesh and blood». Out and no state mechanism is not and cannot be the state».

List the principles of organization and operation of the state ap­paratus: 1. the separation of powers; 2. the principle of the rule of law;

3. the principle of democracy; 4. the principle of transparency; 5. the principle of centralism; 6. the principle of humanity; 7. the principle of national equality.

2.

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Source: Ayupova Z.K.. Theory of state and law: textbook. - Almaty: Kazakh Univer­sity,2015. - 192 pages.. 2015
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