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8JURIDICAL SCIENCES
STATE-LEGAL SUPPORT OF NON-PROFIT ORGANIZATIONS IN THE REPUBLIC OF KAZAKHSTAN FOR CIVIL SOCIETY DEVELOPMENT
Aitimov B.,
Zhetysu State University named after I. Zhansugurov, Head of the Department of Criminal Legal Disciplines, PhD
Nurbek D.,
Zhetysu State University named after I. Zhansugurov, Senior Lecturer, Department of Criminal Law, Master of Jurisprudence
Konysbekova M.
Zhetysu State University named after I. Zhansugurov, Senior Lecturer, Department of Criminal Law, Master of Law
Abstract
The place of nonprofit organizations in the development of civil society in Kazakhstan and their role in solving social problems are considered in this article. Particular attention is paid to the emergence of socially-oriented institute nonprofit organizations, issues related to their development. The content of the social responsibility of citizens of Kazakhstan is disclosed, the growth of which is a necessary component of the emerging civil society. Keywords: NGO, civil society, support, development.
The formation of a civil democratic society is impossible without the development of the public sector -an extensive network of non-governmental, non-profit associations of very different direction: veteran and youth, economic and creative, professional associations and clubs. Only a self-organized society can withstand the violence by mercenary groups of economic, political and even criminal sense. We have to make a choice - which way to go next: the corporate-authoritarian or the civil? How to stand up to those who are satisfied with the first option? The answer is clear - to establish institutions of self-organization of citizens, representing the interests of various groups and to expand the local government and the rights of non-governmental organizations.
Our country has always had excessive demands for authorities, which meant that the authorities in Kazakhstan are the source of all ills. At all times, among the majority of our citizens there was a thought that to influence on the authorities is useless. «Nothing depends on me and I do not want to participate in anything, because anyway "they" - will deceive." From here - indifference, apathy, cynicism. On the other hand, the conviction that the government owes me something to do. From here the longing for the "iron hand" that will come and arrange everything. Today we need a completely different ideology of relations between the state and citizens. Citizens need help to understand that no one would do anything for them without their participation. They can only be deceived. It is necessary to raise civic spirit that people had a sense of respect for themselves, for their country, its past and future and finally to his children.
In accordance with paragraph 1 of Article 23 of the Constitution of the RK adopted in 1995 the citizens of the Republic of Kazakhstan have the right to a freedom of associations. The activities of public associations shall be regulated by law [1]. The right to freedom of associations is mainly reflected in ensuring the rights of citizens by the state to create associations to address
the needs of the population. In accordance with the Law of RK "On Noncommercial Organizations", non-profit organizations are formed and operate in order to realize and protect the political, economic, social and cultural rights and freedoms, the development of the activity and self-activity of the citizens; satisfaction of professional and amateur interests; development of scientific, technical and artistic creativity, the protection of human life and health, protection of the environment; participation in charitable activities; holding cultural and educational, sports and recreation activities; protection of historical and cultural monuments; patriotic and humanistic education; expansion and strengthening of international cooperation; carrying out other activities not prohibited by the legislation of the Republic of Kazakhstan.
Modern Kazakhstan's legislation defines the basic form of the right of citizens to associate non-profit organizations that may be created in the form of public associations, public funds, institutions, religious organizations, consumer cooperatives, non-profit joint-stock companies, the union of individual entrepreneurs and (or) legal entities in the form of an association (Union) and other organizational and legal forms. Among the associations the religious groups, political parties, trade unions, youth and children's organizations have special status.
The process of formation of non-profit organizations in Kazakhstan, which became an integral part of today's political and social life, allows talking about the beginning of civil society foundations in the country. The public authorities and the general public recognize the possibility of future cooperation in attracting nonprofit organizations representing the socially important projects and programs in addressing the problems facing the region. The scales of these challenges require the creation of mechanisms of interaction that will allow non-profit organizations and governments to establish mutually beneficial and equal partnership.
Thus, non-profit organizations, which form the so-called Third sector [2, p.39], will play an increasingly important role in addressing the key problems of the formation of civil society and the most important social problems. In future, in order to avoid terminological confusion, we will use the term non-profit organizations to refer to organizations that make up the Third sector.
Why the Third sector? The fact is that in countries where the private ownership is recognized and the market economy exists or emerges, the entire set of legal entities can be subdivided into three sectors.
The first sector includes state and municipal organizations, i.e. organizations whose property is in the state or municipal property.
The second sector includes private commercial organizations, i.e. organizations pursuing profit as the main purpose of their activities, and their property is not in the state or municipal property.
The third sector includes the private non-profit organizations. The first hallmark of these organizations is that they do not have profit as the main purpose of the activity and does not distribute profits among its members. The second distinguishing feature is that the property of these organizations is not in the state or municipal property.
Often these three sectors are called, respectively, governmental, commercial and non-commercial. Using these names, of course, is quite possible, but they have a conditional character. It should be borne in mind that Kazakhstan's legislation divides the entire set of legal entities into two broad classes: commercial and nonprofit organizations. Among those and others there can be state and private organizations. It means that many commercial organizations are wider than the second sector, but many non-profit organizations are respectively wider than the third sector.
Non-profit organizations can exist in different organizational and legal forms. It can be a consumer cooperative, associations (religious organizations, political parties), a fund, an institution, an association of legal entities and others. Funds can be public or private, in turn. Government funds are allocated to the first sectors of the above. But the private, public and corporate funds, whose property is not in the public domain, but belongs to citizens or legal persons, and other forms of non-profit organizations make up the third sector.
Among the reasons hindering the development of the "third sector" are the following:
- The inadequate regulatory framework for the interaction of public authorities and non-profit organizations;
- Absence of a mechanism of the cooperation of three sectors of society, the system of financial aid organization, preferential taxation [3, p.29]. Undeveloped tradition of philanthropy, the absence of the middle class, as the financial base of independent non-profit organizations;
- The lack of awareness about the development programs, the mechanism of their formation, a place of non-profit organizations in their implementation;
- The lack of awareness of the population about the activities of non-profit organizations, such as nongovernmental organizations;
- The lack of professionalism in the work of non-profit organizations;
- The lack of necessary organizational and methodological assistance from the authorities;
Kazakhstan legislation provides non-profit organizations the ability to support non-profit organizations by the public authorities and local bodies of state administration. Such support and cooperation conforms to the fundamental interests of both sides.
Due to what reasons are the state and local public authorities interested in cooperation with the Third sector?
Firstly, the majority of state non-profit organizations have been created to deal with the same challenges that are dealt by public authorities every day. This is a care of the needy, the sick and socially disad-vantaged citizens, promoting the upbringing and education of children and adolescents, the preservation and development of culture, the real protection of the rights and freedoms guaranteed by the Constitution of the RK, and much more of which cannot be achieved on a purely commercial market basis. The existence of the third sector, first of all, is due to that the most active members of society seek to contribute to the solution of the problems it faces, not only performing direct duties assigned by the state to all citizens, but also doing something "super duty" voluntarily. In this regard, the need to integrate and coordinate efforts is clear.
Secondly, in some cases, the third sector operates more successfully and cost-effectively than government agencies. It is strongly suggested with the studies conducted in many countries. As a result, the state is often more advantageous to transfer funds to an independent non-profit organizations, of course, in exchange for a clear, specific and controllable commitments on their part than to create additional organization itself.
For example, in the US in the 80s more than a third of all for social and cultural spending were directed to the Third sector, including more than half of all federal spending on social welfare, culture, science and humanitarian purposes [4, p.29]. A specific analysis shows that the benefits of budget financing of independent non-profit organizations are particularly large when there is at least one of the following two conditions: there is a possibility to recruit volunteers and an addressable problem is not quite standard, it takes unconventional approach to a specific category of recipients of services, a deep individualization of activities.
Thus, the cooperation between the state and the state of local government with the third sector organizations are able to serve as an important factor in increasing the efficiency of use of resources, especially allocated for social needs.
Thirdly, in itself strengthening the democratic state and local government development depends critically on the formation of a modern civil society. We are talking about various forms of civilized interaction between citizens and their voluntary participation in public affairs. In the role of "supporting structures" of civil
society act is the Third sector organizations. The closer and more fruitful the state contacts with the sector, the better understanding of government and society, and the less likely their mutual alienation.
It is natural that in the "Concept of development of civil society in the Republic of Kazakhstan for 2006201 "among the priority objectives of implementation of civil society has been called "the effective implementation of public control over the activity of the government. The formation of cooperation culture based on the partnership principles between government and civil society".
At the same time, the third sector is in need of moral and material support from the state and the state local government in the Republic of Kazakhstan. A suffice typical example: volunteers are willing to join efforts and funds to help the needy, but they find it difficult to pay the rent required to operate facilities at the rates established for commercial organizations, and to pay taxes. Giving them the benefits enables the objects, which would otherwise have had to spend more money from the district or the city budget.
Equally important is the interest of the third sector organizations in the effective control by the public authorities. Such control ensures no abuses, which hinder the implementation of the functions undertaken by the non-profit organizations, and reduces their prestige.
The activities of most non-profit, including public and charitable, organizations aimed at solving urgent problems of a particular locality or region as a whole. Experience shows that the third sector is successfully developing, where representative and executive bodies, state local government orient and encourage non-profit organizations, avoiding at the same time undue interference in their activities.
Under current conditions has ripened an objective need to improve the system of relations "state power -the public sector - commercial sector" [5, p.447-468], the formation of new approaches to cooperation of public and government sectors, the development of such cooperation mechanisms. We believe that it is time to think about us together on the elaboration of the concept of social development programs, which would include:
- The definition of conceptual frameworks, principles, policies of the executive bodies, on which the interaction with non-profit organizations is constructed;
- The improvement of existing and development of new forms of social partnership, mutual cooperation of the authorities and any form of voluntary association of citizens;
- The development of effective mechanisms to support the authorities of non-profit organizations in the implementation of social programs;
- The establishment of the institutions of interaction (infrastructure) of governments and non-profit organizations [6, p.28-29].
The implementation of such a program could contribute to the democratization of authorities, the establishment and strengthening of civil society, their participation in the management and development of consciousness and self-awareness of citizens, increase their civic engagement and responsibility for solving social and economic problems.
However, public organizations need to learn a lot for that matter. We must be able to recognize the pressing social needs, to be able to offer real-world projects to address these problems, arrange them in a good business plan, etc. That is, you need to learn.
References
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