Abstract
This thesis identifies the primary reasons for the systematic failure of law enforcement of the Republic of Kazakhstan (RK) to satisfy the public need for security and safety. The results follow from examining the legal acts governing law enforcement, and by comparing the RK system and its transition trends to the extant law enforcement system implemented in Sweden. The Comparison is justified by the fact that both countries are distinguished by similar organizational reform preconditions as well as related reform patterns and core structural elements. The legal acts governing law enforcement reforms in Kazakhstan, as opposed to the substantive criminal law, comprise mainly of a sequence of poorly organized and short-sighted governmental decrees that fail to take into account the preconditions for effective and efficient law enforcement: namely, principles of organizational management, science based staffing, and efficient use of available resources. The thicket of legal acts governing law enforcement in Kazakhstan also reveal an absence of democratic procedures to appoint the head law enforcement authority, the Minister of Internal Affairs, and to provide transparency in formulating criteria to appoint other key governmental personnel, and police officers. These problems stem from the single party system in Kazakhstan whereby the judiciary and legislative branches of government are virtually wholly dependent upon the executive branch. This paper also looks into the larger institutional and legislative context of the law enforcement sector in Sweden that enables it to separate the judicial and executive powers. The essential findings of this thesis indicate that law enforcement in Kazakhstan is likely to fail to achieve its objectives until legal reform supports: long-term structural reforms that support consequential and coherent implementation of the reform directives with built-in feedback loops (reflective planning), introduction of science based staff limits and accountability principles, introduction of clear reporting lines and reasonable delegation based on complexity of work and creation of the requisite organization. Legal analysis of the criminal law of Kazakhstan has not revealed any fundamental defect to attribute the failure of the law enforcement system to shortcomings in substantive criminal law legislation. The Swedish law enforcement system, recently re-organized, may serve as a template to introduce legal and structural reforms in Kazakhstan, with suitable adjustments to institutional interdependencies. Research findings indicated that Sweden had vice-versa transformed to a more centrally aligned power allocation model with clear lineal- functional organizational principle.
Published Version
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