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for a referendum, so as and to elections the interested parties develop broad propaganda campaign.
In literature allocate also other types of referenda in dependence on time of their carrying out, obligatory force and other circumstances.
As it was already noted an unambiguous assessment of a referendum it is impossible. Democratism or reactionism of this institute depends on real political circumstances and conditions in which the referendum is held.
References:
1. Kotok V. F. Referendum in system of socialist democracy. - M.: Science, 1964. - Р. 4.
2. Zwick M. B. Problems of the theory of socialist democracy (it is state-legal acts), the Abstract of the thesis of the doctor of jurisprudence. - Kharkov, 1986. - Р. 24.
3. Legal encyclopedic dictionary. - Moscow: Soviet encyclopedia, 1984. - Р. 320.
4. Mishin A. A. Constitutional (state) right of the foreign countries. - Moscow: White Alvah, 1996. - Р. 149.
5. Murashin A. G. Direct democracy in system of socialist self-government of the people. - Kiev: Vptsya school, 1989, - Р. 64.
6. Constitutional (state) right of the foreign countries. General part. - Moscow: Beck, 1996, - Р. 384.
7. The law USSR “About national vote (a referendum of the USSR)" of December 27, 1990.//News of Councils of national deputies, 1990, on December 19.
8. The decree of the President of the Republic Kazakhstan which is valid the Constitutional Law “About a Republican Referendum" of March 25, 1995.//Kazakhstan Truth, - 1995, on March 28.
9. The decree of the President of the Republic Kazakhstan which is valid the Constitutional Law “About a Republican Referendum” of November 2, 1995.//Messages of Kazakhstan, - 1995, on November 4.
10. Constitutional (state) right of the foreign countries. General part. - Moscow: Beck, 1996, - Р. 385.
11. Kotok V. F. Referendum in system of socialist democracy. - M.: Science, 1964, - Р. 4.
Badalov Tengiz, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law Baimakhanova Dina Muratovna, Doctor of Law, professor of the Chair of State and Law Theory and history, Constitutional and Administrative Law, Faculty of Law, al-Farabi Kazakh National University, Almaty, Kazakhstan E-mail: [email protected]
Basic principles for governance in the information sphere in the Republic of Kazakhstan
Abstract: Basic principles of state control in the sphere of information originate in the current Constitution of the Republic of Kazakhstan. For example, in Article 3 of the Constitution of the Republic of Kazakhstan says that the people exercise state power directly, as well as the right to exercise their delegated power to state institutions. These include public authorities and central executive body for the media — the Ministry of Culture, Information and Sport. On the other hand the public authorities, including the Ministry of Culture, Information and Sport, in the exercise of public administration in this article are guided by the main principles of the Republic of Kazakhstan: ensuring social cohesion and political stability.
Keywords: governance, state control, Constitution, democracy.
The principle of social cohesion and political sta- dividuals are prohibited any propaganda or spread of in-bility in the state administration in the field of media is formation violating social harmony and political stability.
shown in the following. In the interests of society and in- At the constitutional level, it is affirmed that unaccept-
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Basic principles for governance in the information sphere in the Republic of Kazakhstan
able propaganda or agitation of violent change of the constitutional violation of the integrity of the Republic, undermining of state security, war, social, racial, national, religious, class and tribal superiority, as well as the cult of cruelty and violence.
Limitations associated with the need for social cohesion and political stability is contained in the legislation on the media, the Criminal Code, the law “On national security" and other normative legal acts. This principle not only contains prohibitions, restrictions on the activities harmful to the public interest, but also approves the actions that promote social cohesion and political stability in the country.
The action of the constitutional principle of economic development for the benefit of the people of Kazakhstan can be seen in privatization and de-monopolization of the media environment, the privatization of state-owned media, state media support, advocacy and knowledge of market relations through the media.
Before the public administration in the field of media and non-media companies face challenges in strengthening and development of Kazakhstan’s patriotism, to educate the younger generation in patriotic spirit. For example, in Kazakhstan, public safety is provided by the decisions and actions of government agencies, organizations, irrespective of ownership, officials and citizens, aimed at creating a national psychology, based on the Kazakhstan patriotism and interethnic harmony, strengthening the unity of the people of Kazakhstan.
The principle of solving the most important issues of state by democratic methods involves legislative regulation of the democratically elected Parliament of the Republic of issues related to the sphere of information and discussion of these issues among the general public. For example, the Law of the Republic of Kazakhstan “On mass media” was passed by Parliament, and proposed it in 2000-2001 amendments previously discussed by society and the media.
The Constitution of the Republic of Kazakhstan shall recognize ideological and political diversity, freedom to disseminate any ideology or political ideas are not extremist. The individual’s right to freely receive and disseminate information by any lawful means, except for information which is referred to the secrets of the law, is an important fundamental principle defining the boundaries and methods of government information sphere. There is one fundamental position of the responsibilities of public authorities, non-governmental organizations, media and officials to provide everyone an opportunity to get acquainted with concerning his rights and interests
of information. These important provisions of the Constitution make the person an active participant in social relations of public administration in the field of media. This contributes greatly to another constitutional provision of direct action on the right of citizens to participate in managing state affairs.
Provisions of the Constitution of the Republic of Kazakhstan, provides for equality of all before the law and the courts, as well as the right to judicial protection of their rights and freedoms play an important role in the management information area in the implementation and protection of the personality of his civil rights in the field of information serve its constitutional guarantee. These provisions of the Constitution above all aimed at creating self-regulating in Kazakhstan, open and independent civil society. Protection of subjective rights is relevant. In the promotion and protection of the rights and freedoms associated with information of great importance should be attached to the following means: constitutional control; the judicial system; parliamentary oversight; prosecutor’s supervision.
Recognition and equal protection of the public and private property is an important argument in favor of independent non-state media. Not only businesses and assets of independent non-state media, but the information itself as the property and goods undergoing the sale, are protected by law. Property and information held by the media may be seized only by a court decision in the cases expressly provided in the laws of the Republic of Kazakhstan. The media have a right to bring such actions and decisions. These provisions and procedures emphasize the fundamental democratic governance in the field ofmedia.
An important principle is the prohibition of any censorship. In this context, G. S. Sapargaliyev writes: “The Constitution paves the way for the formation of independent media. Political censorship is a powerful tool of the totalitarian regime is gone. Ensuring the independence of the media allows highlight shortcomings in the work of state bodies, violations of the law by officials and to some extent helps to strengthen the rule of law”. This implies a number of fundamental ideas. Indeed, in a totalitarian system of censorship carried primarily a pronounced political character. Its purpose was to prevent the spread of certain political and ideological views, besides official policy and ideology.
However, censorship in the Soviet Union played the most on the spread of dissent, i. e. backfired. Dissent in the late 80-ies of XX century in the Soviet Union, as it is known, has become destructive. Therefore, the purpose of the state and society is not in the fight against all dissent,
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Section 2. Science of law
and support a constructive exchange of views on society. In ensuring the independence of the media should be interested state itself. State in which reached a maximum design degree of transparency, is stable and sustainable, it will not get any revolutionary upheavals. So to speak, “couples should be issued in a timely manner" and only then will not happen accumulation of critical social temperature. Dissemination of information about dangerous sources of tension allows you to remove it, discuss problems involving the wider community interested in the peaceful, evolutionary transformations, the interests of all, and marks the beginning of a solution. All this will contribute to the objectives of building a democratic state in Kazakhstan.
The Constitution states that everyone has the right to freely receive and disseminate information by any lawful means. Illegal way — it spread slanderous and other information that is untrue, as well as illegal profit on operations with the information. The Constitution and laws provide ample opportunities of democracy, in contrast to earlier times, and most importantly — the state, in fact, actually implements the most important principle: the dissemination of information is no longer the monopoly of the state. Information, more and more is a commodity, and people choosing a particular newspaper or magazine pays for their content necessary information. In a market society an attack on freedom of information is almost impossible. The market, the market orientation of the economy of Kazakhstan is fundamentally important guarantees of freedom of information.
Category “legitimacy” and “legality of public administration" have a different meaning and functional significance. The relationship between the state and public institutions should be based on the principle of legality. Media activities should be based on respect for the Constitution and laws of Kazakhstan. State management information area and in the media should be based on the laws of the Republic, take place within them, to be legitimate. In this one of the most important areas of public life to greater extent relations should be regulated by laws. Administrative powers and duties of public authorities, rights and duties of management objects defined in the law “On mass media".
Objectivity — a necessary feature of the control system. Without knowledge of the state of managed obj ects subject of management cannot fully manage a certain area. In general, for an objective implementation of general government introduced a mandatory distribution of a certain number of copies of the publications in the upper, central authorities, allowing them to have information about the social processes. In order to achieve
objectivity in media management are given the right to appeal against refusal of registration and bring their arguments. Activities of the Ministry of Culture, Information and Sport and its territorial bodies are based on objective data on the state of the field of mass media.
Publicity of government media in Kazakhstan noticeable in intensive mutual relations of the media with the controls in the feedback meetings are often held parties and round tables. Controls are open, available for dialogue and controlled society. Acts ofmanagement regarding the media, published for the general public. In addition, the regulations concerning the scope of the media must be officially published as affecting the rights, freedoms and duties of citizens. Without this, such acts cannot be used.
The principle of accountability for results management is reflected in the fact that the Minister of Culture, Information and Sport is personally responsible for the execution of tasks assigned to the Ministry and the exercise of their functions. Employees of the Ministry as public servants are responsible for the proper performance of their duties and the use of powers.
Under the principle of optimal control state determines the optimal size of the Ministry and its territorial bodies, optimum internal structure of the Ministry, optimal composition of tasks, functions and powers of the agency and its subsidiaries.
Opponents of state support for the media claim that it violates the principles of competition in the field of information and pose a threat to press freedom. Defenders put forward its argument: in a society should be saved pluralism of opinions. For example, in Sweden the need to introduce protectionist measures media arose due to a sharp reduction in the number of daily newspapers for 50 years of the twentieth century. Developed on the basis of a special parliamentary commission recommendations were adopted laws that prevent concentration of ownership of the media to encourage the establishment of new newspapers, determining the availability of subsidies. In Sweden, all the newspapers are exempt from value added tax, they reduced postal rates, party newspapers are exempt from tax on income from advertising newspapers are available for the technical modernization ofloans on favorable terms. State support also exists in Norway. Finland and Austria. In Finland, the party newspapers receive subsidies proportional to the number of deputies from the party in the parliament, and government subsidies are allocated to religious and cultural publications. A special program to promote the development ofthe press in Austria supports several small newspapers, plays a particularly important role in the formation of different political opinions. In the
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Leading role of the President of the Republic of Kazakhstan in enhancing mechanism for protecting and safeguarding...
Federal Republic of Germany and the United States do not have broad public support for the media. In general, it should be noted that both models (state support and not support the media) are not perfect. It is important that the system of state support of the media lacked selectivity of the state in relation to a variety of media.
In Kazakhstan in the field of public administration by the media can highlight specific principles related to the multi-ethnic people. This is the principle of incorporating multi-ethnic, national interests and supports the development of the national media. Of course, one could relate it to the principle of ensuring social cohesion and political stability. But this principle does not end with the goals of public consent. Also stated support for the language, culture, traditions and maintaining the various nations. Constitutional provisions on the status of languages and care of the state to create conditions for study and development of languages of the people of Kazakhstan are also of fundamental importance in the management information area. Dissemination of information in the official language must be at least 50 % of the total volume of information disseminated by the media. The state can support the national language and the diversity of languages or prohibit certain languages. So, unlike Turkey, Kazakhstan has no banned languages, on
the contrary many nationalities living in the Republic of Kazakhstan, have newspapers, magazines, television and radio programs in their native language.
In our view, there are also the principles of management in the field of media:
• the principle of serving the media community, the public interest;
• principle of development: improving the legislation on the media, changing forms and methods of control towards democracy and optimality;
• principle of international cooperation is vital in the context of globalization and internationalization;
• respect for human rights and freedoms;
• the principle of an independent and impartial judicial resolution of disputes and offenses in the media;
• the principle of judicial protection of violated rights and freedoms, including the right to freely receive and impart information, freedom of speech and thought, do refutation;
• the principle of availability of information, not otherwise provided by law to any secrets;
• principle of non-intentional dissemination of information that violates someone else’s rights.
Baimakhanova Dina Muratovna, Doctor of Law, professor of the Chair of State and Law Theory and history, Constitutional and Administrative Law, Faculty of Law, al-Farabi Kazakh National University E-mail: [email protected]
Leading role of the President of the Republic of Kazakhstan in enhancing mechanism for protecting and safeguarding the rights and freedoms of citizens
Abstract: The article is devoted to analysis of the main direction of activity of the President of Kazakhstan as a guarantor of the fundamental rights and freedoms of citizens of Kazakhstan, the definition of the specificity of this activity. The author reveals features of the President’s activities to protect socially vulnerable groups of the population. President of Kazakhstan is an important element of the institutional component of constitutionalism in Kazakhstan. RK Constitution provides that the President of the Republic of Kazakhstan is the guarantor of the rights and freedoms of citizens. In the Message of the President RK great importance given to the development of the social sector.
Keywords: President of Kazakhstan, Presidential Message to the people of Kazakhstan, the rights and freedoms of citizens of Kazakhstan, the mechanism of protection of the rights and freedoms of citizens.
Making the Message to the people of Kazakhstan “Nurly zhol — a way to the future" the President of the Republic ofKazakhstan noted that today the whole world faces new calls and threats. The world economy didn’t re-
cover from consequences of global financial and economic crisis. Restoration goes very slow and uncertain rates, and recession proceeds somewhere else. Geopolitical crisis and sanctions policy of the leading powers creates
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