ABOUT CORRELATION OF FUNCTIONS, COMPETENCE AND POWERS OF STATE BODIES

Abstract

The article considers the definitions and correlation of the concepts of “function”, “competence”, “authority”, “rights”, “duties”, “subjects of jurisdiction” of state bodies in the current legislation of the Republic of Kazakhstan and in the legal literature. The opinions of Kazakh and Russian scientists were studied and the content of the laws of the Republic of Kazakhstan dated November 27, 2000 No. 107 “On Administrative Procedures”, dated July 3, 2002 No. 331 “On Plant Protection”, dated July 10, 2002 No. 339 “On Veterinary Medicine”, other legislative and by-laws normative legal acts on this issue, as well as normative resolution of the Constitutional Council of the Republic of Kazakhstan dated October 15, 2008 No. 8 “On the official interpretation of Article 54, subparagraphs 1) and 3) of paragraph 3 of Article 61, as well as a number of other norms Constitution of the Republic of Kazakhstan on the organization of  public  administration".  A different approach to the definition of certain terms in the theory of legal science and in legal regulation is noted. On this basis, the inconsistencies, inaccuracies and gaps in the Methodological Recommendations for determining the typical functions of state bodies, approved by the Government of the Republic of Kazakhstan dated August 31, 2016 No. 489, were identified. In particular, it is not entirely correct to assign these or those functions of state bodies to one or another a group of typical functions, which must be established: 1) at the level of law; 2) at the sub-legal level; 3) at the legislative and secondary levels. Suggestions for their improvement have been made.