Legal Basis for Licensing and Permitting Activities of Internal Affair Bodies in the Kyrgyz Republic (Soviet and Present Period)

Creative comprehension of experience and its practical application is a source of further growth and improvement. In this regard, the historical study of Kyrgyzstan’s internal affairs members acquires great cognitive and educa-tional values. The licensing and permitting system institution origin and its development inextricably linked with the Soviet power supremacy period. The legal basis for Soviet militia organization was the RSFSR decree of People’s Commissariat of Internal Affairs “On the Workers’ Militia” of November 10, 1917. Historical, comparative analysis and descriptive research methods were performed in this article to establish understandings of a legal basis for licensing and permitting activities of Kyrgyz Republic Internal Affair members. The research aim in this work was to analyze legal basis for licensing and permitting activities of internal affair bodies in the Kyrgyz Republic including the Soviet and present period. Research methods such as histori-cal-comparative and descriptive analysis were used.


Introduction
At the end of 1917 and beginning of 1918, in all cities of Central Asia and Kazakhstan local Soviets, guided by decree of RSFSR "On the workers' militia" and "Regulations on the Red Guard" developed by Tashkent Council Deputies and How to cite this paper: Tatenov, M., Tabaldiev, N., Nurbaev, E., Zhumabayeva, A., Toktorova, Z., Abrakhmanova, G., Kuldysheva, G., & Abdullaeva, Z. (2022). Legal Basis for Licensing and Permitting Activities of Internal Affair Bodies in the Kyrgyz Open Journal of Social Sciences approved by the central election committee, militia detachments and self-defense squads were formed to protect against mass banditry and Basmachism (Strelnikov, 2015). Published by the Council of People's Commissars of RSFSR on December 10, 1918 (Decree on Council of People's Commissars of the RSFSR, 1918), the "Decree on surrender of weapons" (History Museum of Russian Reforms, 2021) became the legal basis for activities of police to implement the licensing system. The decree on surrender of weapons in a harsh form obliged to surrender firearms and edged weapons owned by the civil population; those guilty who was convicted of attempting to conceal weapons or resisting their surrender were punishable by imprisonment for a term from 1 to 10 years.
With the adoption of decree, all previously issued permits for storage and carrying of weapons lost their legal force. The only exceptions were party members, whose weapons were not confiscated by the Russian Communist Party recommendation if there were no more than one rifle and one revolver per person.
On July 28, 1920, the Decree by Council of People's Commissars of the RSFSR "On Hunting" was adopted, which limited the circle of persons who were granted the right to own hunting weapons. According to this act, only citizens with a hunting ticket could now use a hunting weapon (Decree on People's Commissars Councils of RSFSR, 1920b).
Central Executive Committee regulation and the Council of People's Commissars of the USSR from March 29, 1935 "On measures to combat hooliganism" was a normative and legal document securing the permissive powers of internal affairs bodies concerning cold steel (Decree on People's Commissars Councils of RSFSR, 1920c). According to above decree, without relevant permits, activities related to the manufacture, storage, sale, and wearing of daggers, sabers, Finnish knives and similar edged weapons were declared illegal and were prohibited. This document also provided administrative control by the Peoples Commissariat of Internal Affairs over the strict observance of rules for the manufacture and sale of knives.
The involvement of police for further development of licensing system undoubtedly played an important role, in this regard, on July 12, 1920, the Council of People's Commissars adopted a decree "On the issue and storage of firearms and their handling" (Decree on People's Commissars Councils of RSFSR, 1920a).
Following this document, militia together with the All Russian Extraordinary Commission was directly charged with monitoring the implementation of rules for weapons issue and storage. The decree adopted by the Council of People's Commissars "On the Issuance and Storage of Firearms and the Handling", along with administrative responsibility, secured judicial liability for illegal possession of firearms, where punishment was authorized for a period of at least 6 months (Decree on People's Commissars Councils of RSFSR, 1920a), while administrative responsibility provided for punishment in the form of imprisonment in a concentration camp for up to 3 months (Anisimov, 2003 Committee, to establish a uniform order throughout the USSR, all weapons, ammunition and explosives located within the country were divided into three categories: "A", "B" and "C" (Kostyleva, 2005).
On December 12, 1924, the All Russian Central Executive Committee of the USSR adopted a resolution "On the procedure for the production, trade, storage, use, accounting and transportation of weapons, firearms, explosive shells and explosives" (Decree on People's Commissars Councils of RSFSR, 1924). Consequently, a special regime was established for the handling of explosive materials (Miehe et al., 2015). In the period from the 30s to 40s, a distinct tendency formed in the licensing system's main sphere of weapons trafficking. It is also important to note that militia activity as well as other government bodies regulated by various sub-laws and departmental acts. Resolution of various conflict situations between participants in public relations based on the norms of law, which is carried out by specially authorized government power bodies (Batyrbaev et al., 2021).
In this work, the overall research problem and objectives are focused on various decrees issued by the government to control legal activities on weapons used by internal affairs bodies in the Kyrgyz Republic.

Research Methods and Materials
Research results in this article were obtained from historical-comparative, formal-logical, general and historical law methods and previously published literature analysis based on obtaining new knowledge by comparing historical and legal sources (Shigal, 2013

Legal Regulation Activities
In general, legal regulation of activities of the internal affairs bodies of Soviet Kyrgyzstan did not differ from other republics that were part of the USSR. Until 1936, as part of the RSFSR, Kyrgyzstan existed as an autonomous republic, accordingly, all decisions and decrees issued by the government of the RSFSR were binding, including on the territory of Kyrgyzstan.
In By order of the USSR Ministry of Internal Affairs dated May 6, 1987, an instruction was approved on the internal affairs bodies' work to implement the licensing system. In this act, for the first time, the most voluminous and specific tasks by internal affairs bodies were set out to prevent violations of rules for acquisition, accounting, storage, transportation and use of items and substances for which a special regime of use has been established. We believe that these two important documents, approved in 1987, became for many post-Soviet governments as a kind of legal basis for preparation and adoption of laws "On weapons". In Kyrgyzstan, throughout the post-Soviet period, the number of crimes related to use of weapons, explosives, as well as implementation of private detective and security activities has significantly increased.
Development of licensing and permitting systems in the period from 1991 to 1992s was due to the necessity in introduction of new economic reforms. The government in these conditions was interested in an intensification of private entrepreneurship, but its implementation outside the government regulation was not possible. There is a need to introduce legal methods for effective measurement protection of citizens' rights, as well as licensing economic security in Kyrgyzstan.
National models of weapons trafficking in different countries differ in many ways, for example by degree of monopolization of weapon manufacturers, the centralization or decentralization of weapons legal regulation in their circulation (Zyryanov, 2017). Problems of legal regulation, turnover of civil weapons service were examined in detail, and their legal features were studied based on the existing legislations and scientific theory on weapons definition (Stepovoy, 2012).

Legislative Framework Modernization by Constitutional Adoptions
With the Kyrgyz Republic Constitution adoption in 1993, it became necessary to modernize the legislative framework for organization and activities of law enforcement agencies (Sartaeva, 2011;Keping, 2018;Derencinovic & Getos, 2007). The problem of civilian self-defense weapons is viewed today not only from the administrative law point of view but also from the constitutional, criminal laws, criminalistics and criminology views (Koshelev, 2011). In this regard, on January 11, 1994, the Law of the Kyrgyz Republic "On the Internal Affairs Bodies of the Kyrgyz Republic" No. 1360 was adopted. Under the Law of the Kyrgyz Republic "On the Internal Affairs Bodies of the Kyrgyz Republic", the structure of the internal affairs bodies includes the Public Security Department of the Ministry of Internal Affairs of the Kyrgyz Republic, as well as the Internal Affairs Directorate of the regions and Bishkek, city district bodies of internal affairs that carry out-licensing activities (Kyrgyz Republic Law, 1994).

Kyrgyz Republic Laws and Resolutions
The most important government legal acts regulating many conceptual issues of Research findings are various decrees and laws issued by the Kyrgyz Republic government to regulate and manage activities on weapons use as well as products structurally similar to weapons subject to mandatory certification.

Conclusion
In summary, it should be noted that with the progressive development of our government; the tasks and functions of internal affairs bodies also become more complicated. To minimize, as well as regulate the procedure for using controlled objects, the country has adopted some legislative documents that determine the functions and focus of executive authorities in the field of their direct activities.
Research implications in this work were determined as rules; procedures have been established by government bodies for civilian weapons use and their provisions for sale, transfer, acquisition, accounting and storage.