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12CONTEMPORARY DIRECTIONS OF LEGAL DEVELOPMENT OF THE ASSEMBLY OF THE PEOPLE IN THE REPUBLIC OF KAZAKHSTAN
Zhangushukova A.,
Zhetysu State University named after I. Zhansugurov, Senior Lecturer, Department of Criminal Law, Master of Law
Ashimova D.,
Zhetysu State University named after I. Zhansugurov, Senior Lecturer, Department of Criminal Law, Master of Law
Zhakupova G.,
Zhetysu State University named after I. Zhansugurov, Senior Lecturer, Department of Criminal Law, Master of Law
Bayzhumanova A., Zhetysu State University named after I. Zhansugurov, Senior Lecturer, Department of Criminal Law, Master of Law
Seilkassymova R.
Zhetysu State University named after I. Zhansugurov, Senior Lecturer, Department of Criminal Law, Master of Law
Abstract
In this article, the role of the Assembly of the people of Kazakhstan in the development of society and a legal analysis has been made to the draft Law of the Republic of Kazakhstan on Introduction of Amendments and Additions to the Law of the Republic of Kazakhstan "On the Assembly of the People of Kazakhstan". Keywords: Assembly, Assembly of the people of Kazakhstan, policy, society, public association.
The Assembly of people of Kazakhstan has made a significant contribution to the strengthening of social peace and political stability in the country, the rapid economic development of the people of the Republic, the positive solution of complex social problems, the democratic solution of Kazakhstan's patriotism and other important issues in the political and social life of the state. As a result of the reforms carried out in Kazakhstan in the field of civil peace and international harmony, the Assembly of people of Kazakhstan was recognized as the only organization that has no analogues in the world community, and we are proud of this.
The basic principles of the state national policy are equal rights for representatives of all national and religious groups and the creation of favorable conditions for the activities of all faiths. Owing to this, there no political mass clashes on ethnic or religious grounds have occurred in Kazakhstan for more than eighteen years.
It is no exaggeration to say that the first legislative acts of independent Kazakhstan created a legal framework based on the civil and political community of all citizens, ensuring equality of rights and freedoms of all, regardless of ethnic or religious affiliation. The experience of interethnic policy implemented by Kazakhstan has received high marks from the world community and aroused the interest of countries with similar multi-ethnic composition of the population [1].
In the international community, Kazakhstan is recognized as a country leading a consistent internal policy aimed at ensuring tolerance, interfaith and intercultural harmony of representatives of all nationalities living in Kazakhstan and representing the United people of Kazakhstan - a people that is actively building a modern and competitive secular state. Kazakhstan is interested in expanding and deepening the so-called dialogue of civilizations, has always supported and expressed its
readiness to take international initiatives aimed at bringing closer understanding between the East and the West on key issues of the modern world order.
In the first years of independence of the Republic in the country there were very complex processes associated with the spiritual life of society, its social well-being, the revival of national consciousness. And it was in the early 90 - ies of the last century, rethinking many things anew in our history, in the name of preserving our main asset-the friendship of peoples-at the 1st forum of the peoples of Kazakhstan in 1992, the President of the Republic of Kazakhstan N. A. Nazarbayev expressed the idea of the need to transfer this forum to a permanent basis. And on March 1, 1995 a new institution in the field of national policy - the Assembly of peoples of Kazakhstan-has appeared in the public and political arena of the Republic [2].
Kazakhstan became the first country among the CIS member States to create a unique institution-the Assembly of people of Kazakhstan. This institution has largely contributed to the formation and approval of the Kazakh model of multi-ethnic society, whose activities are aimed at strengthening inter-ethnic and inter-confessional harmony. Since its formation, the Assembly of people of Kazakhstan has played a major role in strengthening peace and harmony among the peoples living in Kazakhstan. But in recent years, her role in society has become particularly prominent.
Of course, it was not as easy for us as it seems. In the first years of independence, a public institution that solves the problem of inter-ethnic harmony and unity in Kazakhstan since the signing of the Treaty, involves the creation of an Assembly of people, from today's multiethnic political stability and national harmony, religion and beliefs, by ensuring equal rights and opportunities for all citizens of the country. Under the leadership of
the Chairman of the Assembly of people of Kazakhstan, President of the Republic of Kazakhstan N. A. Nazarbayev, we have achieved success.
As we know, in 1992-1995 there was a basic legal framework governing the country's policy. On the basis of the Constitution, on March 1, 1995, the President established the Assembly of the people of Kazakhstan as an Advisory body to the President.
Thus, the Assembly was created not just as a public Association, but was officially recognized and approved by the highest official document.
The President of the Republic of Kazakhstan was recognized as The President of the Assembly. Since its Foundation, the Assembly has initiated two public referendums in Kazakhstan, demonstrating its commitment to public life [3].
As a result of the referendum, the Constitution defined the principles of interethnic consent of the state. In particular, article 7 States that the state takes care of creating conditions for the study and development of languages of ethnic groups in Kazakhstan. In other chapters, everyone has the right to use their native language and language culture and freely choose the language of communication, education, training and art. Similarly, propaganda or agitation for racial, national, religious, class or tribal superiority and discrimination based on race, nationality, religion or belief are prohibited. In other words, the basic principles of the Assembly are defined in our Constitution.
Since the creation of the Assembly, ethno-cultural associations have resumed the work of cultural festivals and national holidays of different ethnic groups have been promoted at the national level. With the help of the Assembly, ethno-cultural associations restored ties with their historical homeland.
The Assembly not only organized the work but also incorporated the practice of legal registration of issues discussed at its sessions
Decree of the President of the Republic of Kazakhstan in 2000 was increased the main activities of the Assembly entrusted with public legal examination of institutional coordination for the development and strengthening of inter-ethnic relations, national policy. That is, the laws passed in the country fall under the jurisdiction of the Assembly to respect the interests of all ethnic groups. It should be noted that at that time, none of the state institutions had the legal status of considering bills.
As a result of this success, the working body of the Assembly, the Executive Secretariat of the Assembly, was incorporated into the administration of the President.
A new stage in the legal changes in the process of forming the Assembly begins in 2002. This year, the President's decree approved the new rules of the Assembly of people of Kazakhstan and defined the development strategy. That is, the program of daily actions was approved as an official normative act [4].
During the sessions of the Assembly, the Council of the Assembly was established and its legal status was determined.
In 2005, as a result of changes in the regulatory level, the Decree "on strengthening the institution of the
Assembly of peoples of Kazakhstan" was changed, the goals of the Assembly, activities, rights and obligations of its members as a whole were expanded.
The head of state instructed the Government to create a research center for inter-ethnic relations. This measure is also implemented in the Republic, aimed at systematic study of inter-ethnic and inter-religious relations, monitoring of research, further development and strengthening of their activities.
In the traditional address of the Head of state to the people of Kazakhstan in 2007, it was noted that the Assembly of the people of Kazakhstan should expand its practical function, its responsibility and improve its reputation, especially at the legislative level. In the context of this message, the constitutional reforms carried out in our country directly affected the legal status of the Assembly of people of Kazakhstan [5].
In accordance with the amendments to the Constitution, the Assembly became a constitutional body. In order to represent the interests of the people of the Republic of Kazakhstan to the authorized body in the Ma-zhilis of the Parliament were elected 9 deputies of the Majilis, as well as amendments to the constitutional law "On elections in the Republic of Kazakhstan" was established the order of holding meetings of the Assembly for the election of deputies of the Majilis.
Until now, all the decisions of the Assembly were only a recommendation, and was established as a norm that provided for the election of deputies of the Majilis.
On the basis of the constitutional amendment, the Assembly of people of Kazakhstan was established as a non-profit organization under the President of the Republic of Kazakhstan, and Small assemblies - regional representations.
Thus, the "Assembly of the people of Kazakhstan has turned from an Advisory body created in accordance with the bill into a successful and constitutional body, and on October 20, 2008, the Law of the Republic of Kazakhstan" on the Assembly of the people of Kazakhstan was adopted. Which defines the status, procedure of formation and organization of work of Assembly of people of Kazakhstan aimed at implementation of the state national policy, ensuring political stability in the Republic of Kazakhstan and increase of efficiency of interaction of state and civil society institutions in the sphere of interethnic relations.
Now the Assembly has become another new stage in the further development of the legal system of the state institution, and it is time to adopt a law defining the legal status of the most important public relations regulator. Finally, the draft law is intended to support the actions of the Assembly, the Assembly Secretariat, the Ministry of justice, the Ministry of culture and sports [6].
The bill should be carefully considered. Most importantly, it seems that there is a time in the Constitution when the Assembly will have a separate status from other Advisory bodies, and now it is time to resolve the issue of the legal form of the legal entity.
It is necessary to determine the legitimacy of decisions taken by the Assembly at its discretion.
The Assembly's position on the language issue, which is one of the most pressing issues after independence, was established in accordance with article 7 of the Constitution of the Republic of Kazakhstan, and it is desirable to indicate its main objectives.
In addition, the bill should fully reflect the main directions, goals and objectives of the Assembly of people of Kazakhstan. The provisions governing the powers of the Assembly and its relations with state bodies and public organizations should be carefully considered. Because problems arising from public relations should be addressed by applying them in these standards, and there should be rules defining the means necessary for the full functioning of the Assembly.
Proposed additions and changes to the draft law of the Republic of Kazakhstan "on the Assembly of the people of Kazakhstan", as article 8 (1,2) gives the concept and defines the status of ethno-cultural associations of the Assembly of the people of Kazakhstan. The main tasks, goals and activities of ethno-cultural associations are an integral part of the implementation of state policy to ensure social harmony and national unity, strengthen stability and improve the effectiveness of interaction between state and public institutions in the field of inter-ethnic relations.
Article 8-3 of the draft law" on the Assembly of people of Kazakhstan " defines the need for state financial support for the implementation of the above-mentioned tasks.
This Law defines the status, order of formation and organization of the Assembly of people of Kazakhstan, aimed at the implementation of the state policy in the field of public consent and national unity, the national Patriotic idea "Mangilik El", ensuring socio-political stability and improving the effectiveness of interaction between state and civil institutions of society in the field of inter-ethnic relations.
In General, this law should be provided with sufficient means to address problems facing the Assembly.
Another emphasis on legislation is need to create the role and responsibilities of the Assembly in support of our compatriots abroad.
Another issue that should be considered is the harmonization of the draft law "on amendments and additions to certain legislative acts of the Republic of Kazakhstan on religious freedom and religious associations" on the initiative of a number of deputies at the time of preparation of the status of the Assembly [7].
In the current law "on the Assembly of the people of Kazakhstan" of the Republic of Kazakhstan from 20.10. 2008, article 3, defines the goals Assembly "the Purpose of the Assembly is to provide interethnic accord in the Republic of Kazakhstan in the process of formation of the Kazakhstan civil identity and competitive nation, a nationwide Patriotic idea "Mangilik El", on the basis of Kazakhstan's patriotism, civil and spiritual-cultural community of the people of Kazakhstan with the consolidating role of the Kazakh people", and the legislative decree goals "The purpose of the Assembly is to ensure public consent in the Republic of Kazakhstan on the basis of Kazakhstan's patriotism, civil and spiritual-cultural community of all ethnic groups of
Kazakhstan with the consolidating role of the Kazakh people» [8].
The term "public consent" corresponds to article 1 of the Constitution, which establishes public consent as a fundamental principle of the Republic.
The wording "all ethnic groups of Kazakhstan" eliminates the ambiguity that arises in the combination of the terms "people of Kazakhstan" and "Kazakh people" in one sentence.
The text of a normative legal act should not contain provisions of a declarative nature that do not carry a semantic and legal burden.
Article 14 of this law defines the structure of the Assembly of regions (cities of Republican significance, the capital). Therefore, the working body of the Assembly of the region (the city of Republican significance, the capital) is the office (Secretariat), which is part of the structure of the governor's office.
The head of the office (Secretariat) is the Deputy Chairman of the Assembly of the region (the city of Republican significance, the capital), appointed and dismissed by the corresponding mayor.
At the same time the bill contains the following wording:
"The working body of the Assembly of the region (the city of Republican significance, the capital) is the office (Secretariat), which is part of the governor's office as an independent structural unit.
The apparatus (Secretariat) of the Assembly of the region (city of Republican significance, capital) is headed by the head. The head of the apparatus (Secretariat) of the Assembly of the region (city of Republican significance, capital) is appointed and dismissed by the corresponding governor in agreement with the Apparatus (Secretariat)" [9].
In my opinion, in order to strengthen the coordination structures of the Assembly, local authorities, this article should be supplemented with the following: Head of unit (Secretariat) of the region (city of Republican status, capital) according to their status is the Deputy head of the governor and Chairman of the Assembly of the region (city of Republican significance, the capital).
And now, I believe that if this bill introduced in the Majilis in prescribed manner, not only the deputies elected by the Assembly, but also all of us, should actively participate in its comprehensive consideration of the interests of our multinational people.
Our country is on the rise, we are confident in ourselves and in our abilities. Taking into account our growing capabilities, we are committed to new goals and objectives. We must not allow ethnic and religious differences to become the basis of future conflicts. This is especially important for us and for our region. Further modernization of the country, the development of a truly civil society, the direction of strengthening the rights and freedoms of all citizens and ethnic groups -this is the way to prosperity and prosperity of Kazakhstan as the way to our future.
The Assembly characterizes its activities in the following categories: peace, unity, harmony, stability,
endurance, tolerance. On this huge territory of Kazakhstan will be eternal-only peace, unity and happiness! I want Kazakhstan to thrive every day.
Thus, the Assembly of the people of Kazakhstan is the result of Kazakhstan's unique political innovation. Today, the experience of its work is becoming attractive and useful for many countries of the world. Today, the Constitution and the Assembly of people of Kazakhstan are not just peers. These are two great values that have become the Foundation of stability, modernization and prosperity. Trust, tradition, transparency, tolerance — these are the principles that have formed the basis of our multinational prosperous state. The state policy in the interethnic sphere is based on the principle of "Unity in diversity".
References
1. Bazarbayev S. the Strength of the country - in unity / law and modernity. - 2017. No. 132.23 Oct.
2. Speech of the President of the Republic of Kazakhstan N.A. Nazarbayev at the XVII session of the Assembly of people of Kazakhstan. -2009. No. 253.-27 Oct.
3. Nuradil G.N. Building a new management model for creating a lasting peace / Kazakhstan-Spektr. -2016. - No. 2 (36). - Pp. 39-43.
4. Tugzhanov E. Model of people's diplomacy / Modern Kazakhstan. -2017. No. 48-49. - P. 85.
5. Message of the President of the Republic of Kazakhstan N.A. Nazarbayev to the people "the Third modernization of Kazakhstan: global competitiveness" / information system "Paragraph".
6. Speech of the President of the Republic of Kazakhstan N.A. Nazarbayev at the XVI session of the Assembly of people of Kazakhstan / Kazakhstan truth. -2010. - No. 278. -21 Oct.
7. Project for discussion "the Doctrine of national unity of Kazakhstan" / / Kazakhstan truth. -2009. - No. 261-262. -6 Nov.
8. Law of the Republic of Kazakhstan "on the Assembly of the people of Kazakhstan" dated October 20, 2008 / information system "Paragraph".
9. Council of the Assembly of people of Kazakhstan // assembly.kz/novosti-assamblei/item/1741.html
ОСНОВН1 П1ДХОДИ ДО РОЗУМ1ННЯ ПОНЯТТЯ ПРАВОВО1 СИСТЕМИ
Загребельна Н.А.,
К.ю.н., методист навчально-методичного в1ддту Кшвський нацюнальний унгверситет 1мет Тараса Шевченка
Талимончик А.Б.
Cmуденm
Кшвський нацюнальний унгверситет 1мет Тараса Шевченка BASIC APPROACHES TO UNDERSTANDING THE CONCEPT OF THE LEGAL SYSTEM
Zahrebelna N.,
Ph.D., methodologist of the educational and methodical department Taras Shevchenko National University of Kyiv
Talymonchyk A.
Student
Taras Shevchenko National University of Kyiv
Анотащя
У статп проаналiзовано методологш дослвдження правово! системи. Розкрито основш щдходи до ро-зумшня поняття правово! системи як автономно!, цшсно! взаемоузгоджено! сукупносп правових явищ, метою яко! е осягнення суспшьних iдеалiв-цiнностей справедливости рiвностi, свободи та гумашзму та досягнення кшцевого результату свого функцюнування, а зокрема стану правопорядку. Шдтримано пози-щю видатних науковщв, ввдповщно до яко! правова система розглядаеться з позици тих функцш, яш вона виконуе, а зокрема свое! основно! функци - правового регулювання.
Abstract
The article analyzes the methodology of research of the legal system. The main approaches to understanding the concept of legal system as an autonomous, integral mutually agreed set of legal phenomena, the purpose of which is to comprehend social ideals-values of justice, equality, freedom and humanism and achieve the end result of its functioning, and in particular the rule of law. The position of outstanding scholars is supported, according to which the legal system is considered from the standpoint of the functions it performs, and in particular its main function - legal regulation.
Ключов1 слова: правова система, юридична надбудова, законнють, правопорядок, правотворчють.
Keywords: legal system, legal superstructure, legality, law and order, lawmaking.
