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Inviolability of dignity of the personality
tries, commensurate with the technological level. However, if we look only at the regional level, of course, is dominated by Russia. Therefore, this could benefit the organization in Russia. People do not understand. It is currently approved in the documents, thus increasing the people’s protest. And it will certainly influence the leaders of the country. Thus, people have different levels of development of the economies and the disintegration of the protest may be factors. The second condition is the need for strong demand in developed countries to integrate into the economy. We export our products to Europe, and most of the imports come from Russia. The efficiency of this organization, mainly to Russia again. The third condition is that the level of civilized development is close to one another. At the international level, in the creation of the Union is of particular importance to take into account the three preconditions. However, economic convergence is always politically motivated. Because, economic cooperation plays an important role in the development of any country. On the global level, there are many objective reasons for this. After all, the current scale is difficult to live in the era of globalization, economic policy. Even as far back as the collapse of the USSR had already lived more than 40 economic group in the world, now the number has reached 150. Includes one of
each of the countries in the world in the same group. Well, some of them members of the country. Therefore, in this era of globalization demands a prerequisite for the establishment of the Customs Union. At the same time, there is an organization within the framework of the EurAsEC Customs Union, due to the establishment of this organization. Such as the Customs Union and the Eurasian Economic Union is an organization that was formed in post-soviet integration. Its one of the preconditions for the emergence of 70 years in the development of the state. Of course, different rates of development of independence, and now a lot of differences. However, at present, the era of globalization, together with more effective international stage.
Finally, Belarus, Kazakhstan, Kyrgyzstan, Armenia and Russia’s economic integration model — voluntarily established between independent states formed Customs Union. The main advantage of this new structure, the current era of globalization through the unexpected entry into the Customs Union will be living with the economic storms. By domestic producers of the product to market dozens of times, the help of the competitiveness of the national economy. Side is even more harmful to the future I want to believe that in the future this organization will give our state policy and technical and economic advantages.
References:
1. “The Customs Union in Belarus, Kazakhstan and Russia: realities and prospects”, Rep. Ed. B. K. Sultanov KISS the President of the Republic of Kazakhstan, 2010.
2. The official website of the Customs Union.//[Electronic resource]. - Available from: http://www.tsouz.ru/Pages/Default.aspx
3. June 24, 2008 of the Republic of Kazakhstan No. 45-IV of the Law “On Ratification of the Agreement on the Customs Union Commission”//[Electronic resource]. - Available from: http://www.minplan.kz/kz/economy/8565/33011
4. Resolution No. 400 of May 11, 2010, the Government of the Republic of Kazakhstan “On Ratification of the Agreement on the Customs Code of the Customs Union” on the draft of the Law of the Republic of Kazakhstan”//[Electronic resource]. -Available from: http://www.minplan.kz/kz/economy/8566/33013/
5. “Customs Union: raw, leopard-transition complex space”, “truth”, 15 January 2010.
6. “The future depends on the mutual benefit of the Union”, “ZAMAN” newspaper, 18.02.2010
7. “Basic Principles and short history of formation of Customs Union”, along the Centre of the Study of questions on the Customs tariff and not tariff regulation of 15.02.2010.
8. “Customs Union: the integration process”, 30.06.2010.//[Electronic resource]. - Available from: [email protected]
Mukhamadyeva Gulzhan Nusupzhanovna, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law E-mail: [email protected] Lazym Aygerym Momynbekovna, undergraduate, the Faculty of Law
Inviolability of dignity of the personality
Abstract: The personality provided with system of legal constitutional guarantees which the guarantee of the right for worthy and safe life are among can fully develop, work and function in system of social communications. In the Republic of Kazakhstan interests of the personality are regulated by branch system of the domestic legislation and protected by a certain degree of inviolability. The rights and freedoms of the person and the citizen occupy one of the first sections of the Basic law and establish priorities of all state system of the country.
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However, about inviolability of dignity of the personality we don’t speak as about self-sufficient category, its really democratic essence demands continuous scientific, practical and dialectic development taking into account all of the developing public relations, increase of a role and value of the status of the personality.
Keywords: advantage, inviolability of advantage, personality, torture.
We can consider the personality through possession of such qualitative characteristic as advantage. Advantage is the most difficult category and the condition of the developing positive properties of the person in total characterizing it as the personality embodying individual internal and external qualities realized, expressed outside is understood as. “Advantage is considered as set of positive lines and properties of the personality therefore it is encouraged and protected by the state through institute of right holding liable which essence is reduced to impact on all and everyone who is opposed to the individual (the absolute right), and for the individual observing the right for inviolability of dignity of other persons" [1].
According to p. 1 Art. 17 of the Constitution of RK dignity of the person inviolably.
The dignity of the personality is protected by standards of the Criminal code of the Republic of Kazakhstan providing the severe measures of punishment and action humiliating honor and dignity of the personality. Among them slander (Art. 129) and an insult (Art. 130) of the person.
In h. To the 2nd Art. 17 of the Constitution of RK it is established that nobody has to be exposed to tortures, violence, another to the cruel or humiliating human dignity address or punishment. In our opinion, the position of the legislator is represented interesting the threatened inviolability of advantage expressed in physical impact on the person by means of tortures and violence. In this case is expressed not how many an internal and external state and qualities of the individual, how many the individual as object of encroachment as the carrier of these properties and qualities since in this case all is — about physical impact on it.
Only at first sight, characteristics of its physical integrity are more shown here, however, at analytical approach ofregulations we find out that to tortures, violence, another to the cruel or humiliating human dignity address or the person is punished in conditions when it is already subject to restrictive measures. First of all, it is connected with restriction of freedom and application of measures of the state coercion in relation to it. Therefore the persons involved in an orbit of criminal legal proceedings are allocated with the constitutional guarantee inviolability of their advantage in all stages of criminal prosecution, judicial proceedings, and the persons serving sentence have the right for the polite address from administrative personnel of executive establishment. They shouldn’t be exposed to the cruel or humiliating human dignity address. Coercive measures can be applied to the condemned not differently, as on the basis of the law. In the Republic of Kazakhstan the respect of honor and dignity of the personality is brought to the level of the principle of procedural activity and it is obligatory by criminal case production. By criminal case production the decisions and actions humiliating honor or belittling the dignity of the person
participating in criminal trial are forbidden collecting, use and distribution of data on private life aren’t allowed, and equally in data of personal character which the person considers necessary to keep in secret, for the purposes which aren’t provided (item 1 of Art. 13 of the Criminal Procedure Code of RK).
Moreover, standards of the Constitution of the Republic of Kazakhstan are conformable with is international — legal interpretation of inviolability of advantage. In the Convention against tortures and others cruel, inhuman or degrading treatments and punishment the will of the states convinced is collected that protection of the persons deprived of freedom against tortures and brutal or a degrading treatment or punishment could be strengthened by extrajudicial means of precautionary character Torture according to the convention means “any action by which severe pain or suffering, physical or moral is deliberately caused to any person to receive from it or from the third party of data or recognition, to punish him for action which was made by it or the third party or ofwhich commission it is suspected, and also to intimidate or force it or the third party, or for any reason based on discrimination of any character when such pain or suffering are caused by the state official or the other person acting in official quality or on their instigation, or from their permission or acquiescence. This definition doesn’t join pain or sufferings which result only from lawful sanctions, are inseparable from these sanctions or caused by them incidentally” (Art. 1) [2].
According to the Convention each State Party “undertakes effective legislative, administrative, judicial and other measures for the prevention of acts of tortures in any territory under its jurisdiction. Any exceptional circumstances, whatever they were, whether it be the state ofwar or a threat of war, internal political instability or any other state of emergency, can’t excuse tortures. Any State Party shouldn’t send, return («refouler») or give out any person to other state if there are serious bases to believe that application of tortures can threaten it there. For definition of existence of such bases the competent authorities take all relevant circumstances into account, including, in appropriate cases, existence in this state of continuous practice of rough, scandalous and mass human rights violations” (st. 2, 3).
The convention also stipulates an obligation of the states of participants to provide punishability of tortures and the punishments humiliating advantage with measures of criminal penalty. The Republic of Kazakhstan joined the Convention in 1998. And in Art. 347-1 Criminal code of the Republic of Kazakhstan punishment for “the deliberate causing physical and mental sufferings made by the investigator, the person who is carrying out inquiry is established or it is suspected by other official with the purpose to receive from the tortured or third party of data or recognition or to punish him for ac-
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tion which was made by it or in which commission, and also to intimidate or force it or the third party, or for any reason based on discrimination of any character”. In the note to the considered article makes a reservation that “the physical and mental sufferings caused as a result of lawful actions of officials don’t admit torture”
Prohibition of tortures and brutal or a degrading treatment or punishment is the general international standard which in different formulations contains in various international documents, in particular, in St. 3 European Conventions on Human rights; in the European Convention on the prevention of tortures and brutal or a degrading treatment or punishment [2].
In the Convention on the Rights of the Child (New York, on November 20, 1989) it is established that “The State Parties provide, that: a) any child wasn’t subjected to tortures or another cruel, to inhuman or degrading treatments or punishments” [2].
Infringement of life and physical integrity, any types of murder, mutilation, ill treatment, tortures and tortures, infringement of human dignity, in particular, an offensive and degrading treatment is prevented by a number of the Geneva conventions stating the humanitarian principles which are the cornerstone of respect of the human person in case of armed conflict [2].
Especially it is necessary to emphasize, as the tough regulations regulating an admissibility of the proof which violation deprives the got data of validity so the data obtained with application of violence and illegal actions proofs aren’t are provided in the Constitution which is the act of direct action and in the code of criminal procedure.
In particular, for compulsion of the suspect accused, the victim, the witness to evidence or other illegal actions from the investigator, the investigator with application of violence, mockery or torture imprisonment for a period of three till eight years is provided. Thus, our state, as well as the world community, realizes importance and need of acceptance of effective measures on ensuring protection of the rights of citizens, their honor and advantage. Similar practice locates also exceptional situations when because of the raised professional
overloac, a formal assessment of results of activity only an effective way of detection of participation of the person in a crime is its confession.
Meanwhile the officials who are carrying out criminal prosecution exceed the authority, without observing thus elementary procedural legal status the suspects and accused which under the law have the right for refusal of evidence. Situation it is impossible otknest in no way to exclusive as the citizen is in power of the official and it isn’t capable to commission of illegal actions at present. The criminal procedure law provides a set of other legal way of obtaining information on circumstances of a crime, the made his faces, possible material and other proofs. Unfortunately, use of the way of proof depends on degree of a professional preparation of the employee of the body conducting a criminal persecution, its intellectual superiority over “opponent”, ability to simulate criminal behavior to create favorable psychological conditions for mutual relation.
At research of inviolability of dignity of the personality it is important to remember that abuses physical and psychological privokdit way of violence over the personality at implementation of powers by bodies of inquiry and preliminary investigation to aggravation of confrontation between the power and citizens, in critical situations — to open counteraction.
The considered problem is aggravated also because in law-enforcement activity at a stage of advance investigation the latent level of use of force to the suspects accused which is quite often accompanied with abuses of a psychological and physical character is high. The violence is, as a rule, applied to socially unbortunate and legally unprotected group of the citizens involved in the criminal procedure relations. Thus the naksily justifies the purposes established by the law -fast and full disclosure of a crime, exposure the pailty people, protection of the rights and legitimate interests of the victims. Perhaps, it is necessary to agree with a position of those legislators who create the additional lever for balance of the called contradictory interests which creates special guarantees for avoidance of violence in criminal trial.
References:
1. Code of criminal procedure of RK (general part). Comment. - Almaty: Zheti zhargy, 2002. - 448 p.
2. Collection of documents. - M.: Publishing house Norma (prod. group Norm - Infra. L), 2000. - 784 p.
Sautieva Tamara Batrbekovna, Branch of the FSBEIHPE «Plekhanov Russian University of Economics» in Pyatigorsk, Stavropol region, Professor at the Department of Theory and history of state and law
E-mail: [email protected]
State and legal peculiarities of the subjects of the Russian Federation in modern socio-economic conditions
Abstract: In the present research, it is attempted to analyze state and legal nature of a subject of the Russian Federation and study the problems of improvement of federal relations from the point of modern socio-political conditions.
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