ON THE ISSUE OF IMPROVING LEGISLATION IN THE FIELD OF NATIONAL SECURITY

Serik Seitovich Karzhaubayev, Maral Meyrashevna Alisheva

2025

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DOI 10.52026/2788-5291_2025_80_4_97
Data confidence 70 medium
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Abstract

National security is the most important priority of the State. The main direction of national security is to protect the rights of citizens, society and the State. At the same time, the primary priority of national security is the individual, his rights and freedoms. The main role in the implementation of measures to protect the rights of citizens, society and the State is assigned to special government agencies. In practice, sometimes there are situations when the powers of special bodies are closely intertwined with the rights of citizens. In some cases, there are contradictions. This creates conditions for the infringement of the rights and freedoms of citizens, and there are accidental situations that need to be addressed. The article attempts to resolve the issue of resolving such situations on the basis of improving legislation regulating the powers of special state bodies. The author suggests the idea to provide rules providing for the use of special, coercive, forceful means only in special cases symmetrical to the alleged threats. According to the author, the restriction of citizens' rights should correspond to the degree, intensity and reality of the threat to protected persons and objects. At the same time, according to the author, measures should be taken to correctly assess the extent and reality of the threat. A special role in the protection of national interests is assigned to the prevention of security measures for protected facilities. The importance of crime prevention, and in particular terrorism, is relevant and necessary, as it allows special authorities to minimize such risks. Along with the observance of citizens' rights, the article pays great attention to the observance of the rights of employees of special bodies. The article provides proposals for improving the Law of the Republic of Kazakhstan "On Special State Bodies of the Republic of Kazakhstan" dated February 13, 2012.