On approval of the Legal Department of the Ministry of Internal Affairs of the Republic of Kazakhstan
On approval of the Legal Department of the Ministry of Internal Affairs of the Republic of Kazakhstan

In connection with organizational and personnel changes in the Ministry of Internal Affairs of the Republic of Kazakhstan ORDER:
1. To establish the Regulations for the Legal Department of the Ministry of Internal Affairs of the Republic of Kazakhstan.
2. Head of the Legal Department of the police colonel Ashitov B.Z. ensure the operation of the Department in accordance with applicable law and this position
3. Add to Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated October 30, 2002 № 681 "On approval of the Legal Department of the Ministry of Internal Affairs of the Republic of Kazakhstan” the following changes:
Subparagraph 1) of paragraph 1 shall be deleted;
In Annex 2 to the order throughout the text abbreviation "CDIA-DIA (T)" replace with the acronym "DIA (T)".
4. To declare invalid the order of the Minister of Internal Affairs of the Republic of Kazakhstan dated February 23, 2004 № 137 "On Amendments to the Order of Ministry of Internal Affairs on October 30, 2002 № 681" On approval of the Legal Department of the Ministry of Internal Affairs of the Republic of Kazakhstan ".
5. The enforcement of this Order shall be the Legal Department of the Ministry of Internal Affairs of the Republic of Kazakhstan.
Minister B. Mukhamedjanov

Approved by Order of
Minister of Internal Affairs
Republic of Kazahstan
From «2» June 2006
№ 254

Provisions

The Legal Department of the Ministry of Internal Affairs of the Republic of Kazakhstan


1. General Provisions

1. Legal Department of Ministry of Internal Affairs of the Republic of Kazahstan (hereinafter - Legal Department) is an independent division of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter - Ministry) involved in public policy and legal support of the Ministry of its strategic functions, as well as organizing the work of legal departments, territorial and linear internal affairs bodies.
2. The Legal Department is guided by the Constitution and laws of the Republic of Kazakhstan and other normative legal acts of the Republic of Kazakhstan, the Ministry of prudential regulations and these Regulations.
3. Legal Department reports directly to the Minister of Internal of the Republic of Kazakhstan (hereinafter - Minister).
4. The structure and staffing of the Legal Department established and approved by the Minister.
5. Activities of the Legal Department is built on the principles of legality, unity of command, interact with the services of the Ministry , territorial bodies of internal affairs and transport, other state bodies, officials, organizations and citizens.
6. Document control at the Legal Department conducted themselves in accordance with legislation.
7. The Legal Department has seals and stamps sample with its name in the official language.

2. The main tasks of the Legal Department

8. The main objectives of the Legal Department are:
1) Legal support of the Ministry and its subdivisions;
2) participation in the drafting of laws and other normative acts of the republic of Kazakhstan , normative acts of the Ministry and legal acts of the Ministry , in accordance with the laws of non- prudential regulations (hereinafter - the Ministry acts);
3) The implementation of the expertise of draft laws, other regulations, as well as in conjunction with the Department Head of international treaties and agreements developed by the Ministry, or entering the agreement from other government agencies; 4) Organizational support timely state registration in the prescribed manner the structural units of the Ministry of departmental and joint ventures with other state regulations;
5) Legal assistance of property and other legitimate rights and interests of the Ministry in court and other state bodies, participation in the elaboration associated with social and legal protection of police officers;
6) Together with the structural units of the Ministry conducting legal education, advocacy and providing clarification of existing legislation of the Republic of Kazakhstan;
7) Organization of monitoring the application and observance of accepted normative legal acts regulating the activities of law enforcement agencies.

3. Basic functions of the Legal Department

9. Legal Department performs the following functions:
1) Explores with the structural units of the Ministry of the practice of law of the Republic of Kazakhstan and departmental regulations; defines the priority areas of legal support of the BIA;
2) Coordinates normative (legislative) activities of the Ministry;
3) Oversees the structural units of the Ministry to monitor the application and observance of accepted normative legal acts regulating the activities of the BIA;
4) Develops and participates in the drafting of laws and other normative legal acts of the Republic of Kazakhstan, the Ministry developed and departmental regulations and acts of the Ministry;
5) Organizes the work of the Commission of the Ministry on improving rulemaking system of internal affairs;
6) Checks on compliance with the legislation submitted to the Minister of sight draft regulations acts coming to the agreement of the other state bodies, the legislation of the Republic of Kazakhstan , together with interested agencies prepare an opinion on the possibility of their sight;
7) Consider and organizes the elaboration in the structural units of the Ministry of draft laws and other normative legal acts developed by other government agencies and the incoming Ministry for approval;
8) Coordinates the preparation of proposals for rulemaking structural units of the Ministry participates in the drafting of comprehensive programs, plans and other documents;
9) Examine the experience of the legal activities of the internal affairs of foreign countries, it takes into account the development of normative legal acts of the Ministry;
10) provides guidance and coordinates the activities of the structural units of the Ministry on improving the regulatory framework of the internal affairs of bringing departmental regulations in conformity with the legislation of the Republic of Kazakhstan, checks the status of this work, exchanges of experience with the legal services of other government agencies;
11) provide organizational support and supervise the timely registration in the bodies of Justice prepared structural units of the Ministry of departmental ' regulations;
12) carries out the work of the Ministry of enforceable directly involved and ensure the participation of representatives of other departments of the Ministry, territorial bodies of Internal Affairs and Transport, Ministry of Internal Affairs of state enterprises in the trials, as well as other public bodies to protect the legitimate rights and interests of the internal affairs bodies, analyzes status of work on presentation and review of claims;
13) represents the interests of the Ministry and ensure the participation of representatives of other structural units of the Ministry of the interdepartmental working group in the development of other state bodies of legislative and other normative legal acts;
14) at the request of structural units of the Ministry, territorial bodies of internal affairs and transport, public enterprises MIA gives explanations on the issues, send them information materials on current laws and their practical application;
15) Organize systematic registration and storage of incoming regulatory legal acts using computer technology. Take measures aimed at improving the provision of legal services, the territorial bodies of the Interior and Public Enterprises Ministry of legislative and reference books;
16) Together with the structural units of the Ministry carries out the legal work in the Ministry analyzes the information and other materials on the ongoing legal work in the territorial bodies of Internal Affairs and Transport, the Ministry of State-owned enterprises. Brings issues to the operational meetings, the board, as well as proposals for measures to eliminate shortcomings and improve the legal work;
17) Participates in the development of contracts concluded by the Ministry and its subsidiaries, as well as regulations, economic relations, develops guidelines for the organization of contractual work. Take measures to ensure the timely and proper conclusion of commercial contracts, excluding contractual obligations, the application of economic interventions for non-performance or improper performance of obligations under the contracts;
18) Provides guidance contractual claim work in the territorial bodies of Internal Affairs and Transport, the Ministry of State-owned enterprises, analyzes the status of work on presentation and Claims. Developing proposals to address deficiencies in the activities of the Ministry and its structural units identified in the review of claims and commercial disputes, presents these proposals to the Ministry;
19) Provides the legal regulation of public procurement in the Ministry in accordance with the laws of the republic on public procurement.

4. Rights of Legal Department

10. In order to fulfill the main objectives and perform its functions in the Legal Department within its competence:
1) Check the status of legal work and the rule of law in the activities of the structural units of the Ministry, territorial bodies of internal affairs and transport, the Ministry of State-owned enterprises;
2) To request and receive from the structural units of the Ministry territorial bodies of internal affairs in transportation, state-owned enterprises of the Ministry of documents, certificates , calculations and other information necessary to perform their duties;
3) Involve military personnel and structural units of the Ministry for preparation of draft legal acts and other documents, as well as for the development and implementation of the activities of the Legal Department led away in accordance with its responsibilities;
4) Prepare the leadership of the Ministry of justification to refuse the sight of draft laws and other normative legal acts of the Republic of Kazakhstan, as well as to deny the sight of departmental regulations and acts of the Ministry in case of discrepancy of legislation of the Republic of Kazakhstan;
5) Give instructions binding for the legal services of territorial bodies of Internal Affairs and Transport, Ministry of Internal Affairs of state enterprises on the organization of legal work;
6) To make based on the current legislation observations and recommendations published by departmental normative legal acts and acts of the Ministry;
7) prepare together with other structural units proposal to amend or repeal old regulations, issued by the Ministry;
8) To make proposals to improve the skills of employees of the Legal Department through existing systems and forms, including technical assistance and cooperation with foreign organizations;
9) To interact with the central executive and other state bodies and organizations, and educational institutions;
10) Within the purview of the Ministry have other rights to implement its mandated functions.

5. Organization of the activity of the Department

11. The Legal Department is headed by a chief who is appointed and dismissed by the Minister;
12. The Head of Legal Department has deputies who are appointed and dismissed by the Minister for his presentation.
The number of Deputy Chief of the Legal Department is determined by the Government of the Republic of Kazakhstan.
13. Head of Legal Department organizes and directs the work of the Legal Department , is personally responsible for implementation of the Legal Department of the tasks and performance of its functions, the state of discipline and training of personnel, the rule of law and secrecy,
14. For this purpose, Head of Legal Department:
1) assigns responsibilities and authority among his deputies, establishes the extent of their responsibility for the condition and the results of structural units of the Legal Department;
2) establishes functional duties of the Legal Department;
3) submit proposals to the Ministry to improve the structure, staffing and logistical support of the Department;
4) submit to the established order of presentation of the appointment, transfer and dismissal of employees of the Legal Department; appointing their regular special ranks; petition to the Ministry for the Promotion and punishment of the Legal Department in the disciplinary process;
5) ensure the maintenance of the established procedure of certification of employees of the Legal Department, with special officers of the rank;
6) organize professional development of professional degree of the personnel, conducting combat, service and physical training of the Legal Department;
7) Provides in accordance with the laws of the Republic of Kazakhstan holidays employees and employees of the Legal Department;
8) In order established by the Ministry of Legal Department sends employees on business trips;
9) inform the leadership of the Ministry of violations of law in the activities of structural units of the Ministry, territorial bodies of the Interior and the Ministry of State-owned enterprises;
10) Exercise other powers in accordance with the laws of the Republic of Kazakhstan.


       
     
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