The law of RK on diplomatic service 2002

and he succeeded create a favorable external environment.
However, the time

demands continuous improvement and Foreign diplomatic missions, foreign policy objectives adjustments.
Development of the diplomatic service system dictates the need to improve the provisions of the Kazakhstan legislation and improve the effectiveness of legal regulation.
As a result of the adoption of the Law of the Republic of Kazakhstan dated March 7, 2002 № 299-II «On Diplomatic Service of the Republic of Kazakhstan" (hereinafter - the Law) was established legislative framework for the further development and effective functioning of the diplomatic service.

Introduction

service) - professional activity of citizens of the Republic of

Kazakhstan in bodies of diplomatic service of the Republic of Kazakhstan, performed according to the Constitution of the Republic of Kazakhstan, this Law, other regulatory legal acts and international treaties of the Republic of Kazakhstan.
2. Consular service of the Republic of Kazakhstan - the part of diplomatic service directed on ensuring of protection of the rights and interests of the state, citizens and legal entities of the Republic of Kazakhstan in the limits allowed by international law, and also helping development of friendship of the Republic of Kazakhstan with other states, to expansion economic, trade, scientific and technical, humanitarian cultural ties and tourism.
3. The staff of diplomatic service - the government employees borrowing in bodies of diplomatic service established diplomatic posts, having, as a rule, the diplomatic rank both performing ex-officio full powers and obligations for the purpose of sale of tasks and the functions assigned to bodies of diplomatic service.

Subjects

in bodies of diplomatic service established administrative and technical posts.
5.

The personnel of diplomatic service - employees and employees of diplomatic service.
6. Rotation - official movings of the personnel of diplomatic service between the Ministry of Foreign Affairs of the Republic of Kazakhstan (further the Ministry of Foreign Affairs) and foreign institutions, and also between structural divisions of the Ministry of Foreign Affairs.
7. Foreign institutions - the representations which were abroad diplomatic and equated to them, and also consular establishments of the Republic of Kazakhstan.

is based on the Constitution of the Republic of Kazakhstan

and consists of this Law, the legislation on public service in the part which has not been settled by this Law, other regulatory legal acts and international treaties of the Republic of Kazakhstan.


If the international treaties ratified by the Republic of Kazakhstan, establish other rules, than what are provided by this Law, are applied rules of international treaties.

Legislation of the Republic of Kazakhstan on diplomatic service

and territorial unity of the country; 2) strengthening peace through regional

and global security; 3) sustainable international position and positive global image of Kazakhstan; 4) establishment of fair and democratic world order under the guiding and coordinating role of the United Nations Organization (UN); 5) further integration into the system of regional and international trade-economic relations; 6) creation of favorable external conditions for the successful implementation of the Strategy 2050; providing high living standards for the population; strengthening unity of the multi-national society; reinforcing rule of law and democratic institutions; protection of human rights and freedoms;

Goals of Kazakhstan’s foreign policy

economy; 8) focusing the country onto the green development path and

bringing it to the list of the 30 top-developed nations of the world; 9) saving the national-cultural uniqueness and following the own original way of the state development; 10) protection of the rights of personal, family and business interests of citizens and legal entities of the Republic of Kazakhstan; 11) support to Kazakh diaspora and Kazakh language overseas.

and safe development of Central Asia
2. Kazakhstan will continue the

work leading to completion of the international legal formalization of the state borders, as well as defining of the legal status of the Caspian sea and establishment of stable and amiable relations between littoral states, based on the universally accepted principles and norms of the international law.

Priorities and tasks of the Kazakhstan foreign policy

Commonwealth of Independent States, Conference on Interaction and Confidence-Building Measures

in Asia, Collective Security Organization, Shanghai Cooperation Organization, Organization of Security and Cooperation in Europe, Organization of Islamic Cooperation, Council Cooperation of Turkic speaking States, and other international organizations and forums, envisions the following tasks within those organizations:
1) ensuring protection of national interests in the process of development and making decisions of regional and global character in various spheres; 2) constructive participation and contribution to regional and global security; 3) promotion of Kazakhstan’s foreign policy initiatives; 4) establishment of optimal and mutually acceptable ways of cooperation between regional and international organizations and forums in order to provide stability and security in the region; 5) advancement of political – legal and organizational – administrative functions of regional and global organizations in order to increase effectiveness of their work.
Kazakhstan participates solely in those regional and international organizations, whose activities respond to its national interests and bring practical benefit.

regional and global security, Kazakhstan:
1) Develops amiable and predictable relations

with all countries in the world and the alliances they forge; 2) Is committed to aims and tasks of the UN Charter and accepts the fundamental meaning of the principle of supremacy of law for the political dialogue and cooperation between the states; 3) Acts towards resolution of regional and international conflicts according to existing internationally-accepted negotiating formats. Kazakhstan’s position is based on fundamental UN principles on defending sovereignty and territorial unity of states within their internationally-accepted borders, search for peaceful resolution of contradictory issues on the basis of observing the terms of the documents on crises resolution and most importantly, in the resolutions of the United Nations Security Council;
4) puts all efforts to achieving the world order free of nuclear weapons and other weapons of mass destruction; participates in development of multilateral mechanisms for a comprehensive ban and destruction of such weapons, as well as in creation of zones free of nuclear weapons;
5) consistently opposes any arms race, creation and deployment of new weapons, including in space;
6) supports international efforts to combat illicit arms trafficking;
7) in cooperation with other countries on a bilateral and multilateral basis, takes resolute measures to counter terrorism, extremism, illicit narcotics trafficking, psychotropic substances and their precursors, human trafficking and illegal migration, organized crime and corruption;
8) will continue working on ensuring international information security and combating cyber-terrorism.

are proposed.
Article 1 defines the terms used in the Act,

namely, the concept of "diplomatic service", "consular service", "Foreign Service Officer", "workers of the diplomatic service", "the staff of the diplomatic service", "Rotation" and "foreign institutions".

There is a need to designate the concept of family members, namely, what kind of person until what age and under what conditions are considered to be family members.

If we talk about the status of the diplomatic service, then they are public bodies implementing the foreign policy of the Republic of Kazakhstan. (Article 3 of the Act).

Here it must be emphasized that this article is limited to only the definition, but does not specify what kind of place is the diplomatic service in the system of public service.

the Law "to joining the diplomatic service agencies."

On the diplomatic

post can be a citizen of the Republic of Kazakhstan, having higher education, multilingual and having to perform the duties assigned to it corresponds to the business, moral and professional qualities and health.

In the data requirements for the entry into service has the need to clearly define the criteria of admission to the diplomatic service. For example, this article can be stated as follows: to a diplomatic post can be a citizen of the Republic of Kazakhstan, having higher education, which has the necessary expertise to work in the diplomatic service, who knows the state and foreign languages and having to perform the assigned duties related business , moral and professional qualities and health.

Article contains no age requirement, criteria and selection mechanisms, including not describe how the examinations, competitions, psychological tests and interviews.

25 of the Act.
According to paragraph 1 of the above

article, "material and social security of the diplomatic service personnel and family members is provided with regard to the complexity of service, associated risk, as well as the specific features of a foreign state."
It is noteworthy that at this point of this article is no clear definition of the size of the interest allowance to the basic salary for the period of work in a foreign country with a complex socio-political environment, as well as during operation in emergency situations or during armed conflicts. Whether in such cases be differences in calculation time employee of the diplomatic service, and if so, in which the calculation.
According to paragraph 6 of this Article of the Law, "in the presence of foreign offices of the administrative - technical vacancies family members of the diplomatic service personnel who are abroad may be entitled to temporary employment."
This suggests that if there is a vacant post, family members lose their qualifications without taking employment. It seems necessary to consider the situation that the MFA contributed to returning to employment of family members.

 This presentation is not just review, it considers the gaps and shortcomings of the law «About Diplomatic Service of the Republic of Kazakhstan». According to the analysis, some recommendations on future improvement of legal foundation of diplomatic service are proposed.

Conclusion