On the issues of awarding military and special ranks, the right to wear uniforms by military personnel and employees of other government agencies

Commentary to the Decree of the President of the Republic of Kazakhstan dated September 10, 2003 No. 1184, Administration of the President of the Republic of Kazakhstan, September 17, 2003

Following a meeting of law enforcement agencies held on September 10 this year, the Head of State issued the aforementioned decree. Its necessity is caused by the following.      

Despite the ongoing cuts, the republican and regional administrative offices of law enforcement agencies remain numerous, and the proportion of support services that are not directly related to solving their main tasks is significant.      

The level of militarization of the security forces in the country remains high. A study of foreign practice shows that in many countries, functions similar to the above are performed by civilians, and military or special uniforms with shoulder straps are reserved only for government officials who directly perform their duties on the streets and other public places, in order to be perceived by the population as representatives of the authorities, maintaining law and order during special operations and performing tasks when emergency situations, public emphasis on the need for law-abiding and unconditional fulfillment of the legitimate demands of a government representative.      

In this regard, on September 10 of this year, the Head of State signed  Decree "On the issues of awarding military and special ranks, the right to wear uniforms by military personnel and employees of other government agencies."      

The decree provides for a radical reduction in general posts.    

The reduction was mainly due to a number of senior positions in the central offices of law enforcement agencies and officials in charge of personnel, logistical, and financial issues, as well as heads of several regional divisions of the Ministry of Internal Affairs and the National Security Committee.    

Taking into account the experience of some foreign countries, the positions of the first heads of military, law enforcement and special agencies are classified as non-certified (civilian) positions, which will allow them to see and successfully solve not only highly specialized, but also broader national tasks of these bodies.      

Military and special ranks, the right to wear uniforms with shoulder straps (uniforms) will be reserved only for military personnel and employees of units of the Armed Forces, the National Security Committee, the Republican Guard, the Presidential Security Service, the Ministry of Internal Affairs, the Financial Police Agency, the Emergency Situations Agency, the Military Prosecutor's Office, the Committee of the Penal System of the Ministry of Justice of the Republic Kazakhstan, directly performing the main tasks and functions assigned to these bodies. An exhaustive list of such staff positions will also be established, with the exception of support units and support services.      

The right to wear uniforms (without shoulder straps) remains with employees of the Customs Control Agency, bailiffs, and certain categories of employees of the Ministry of Transport and Communications and the Ministry of Agriculture.    

In accordance with the instruction of the Head of State, the qualification classes of judges and the class ranks of employees of the prosecutor's office will be abolished.      It provides for the introduction of the right to wear a special robe for employees of the prosecutor's office who take part in court sessions. On behalf of the Head of State, the issue of granting such a right to lawyers will be worked out. This external attribute will contribute to ensuring the proclaimed equality of the lawyer and the prosecutor.      

The decree instructed to review the lists of positions and the corresponding maximum military and special ranks in government agencies, troops and military formations in which they remain.    

The length of service in military and special ranks of middle and senior officers will be increased. Optimization of organizational and staff structures, reduction of managerial links and commanding staff, as well as the hiring of support staff without special ranks will free up significant funds necessary for personnel and logistical strengthening of services and departments directly performing military, law enforcement and special functions, and, importantly, to increase the salaries of their employees..    

At the same time, mechanisms for protecting the interests of persons subject to the decree have been identified. Thus, such employees are supposed to set official salaries not lower than those available, taking into account allowances for military and special ranks, to preserve social security, all benefits and advantages upon retirement.      

The Government has been instructed to prepare and submit to Parliament drafts of relevant legislative acts by January 1, 2004, as well as to bring previously issued acts on these issues into line with the decree and take other measures resulting from it.

State-legal      

Administration Department      

The President of the Republic of Kazakhstan

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