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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: dina_405@mail.ru
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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an additional obstacle for recovery of world economy. From the experience I have a presentiment that the next years will become time of global tests. All architecture of the world will change. There will be able adequately to pass through this difficult stage not all countries. This boundary will be passed only by the strong states, the solid people. Kazakhstan as part of world economy and the country which is in close proximity to epicenter of geopolitical tension, comes under negative influence of all these processes ... But thus before the Government the difficult, but specific objective is put — to provide all social obligations in full [1]. In the Message of the President of Kazakhstan the great value is allocated for development of social sector, improvement of the mechanism of protection, protection and ensuring the rights and freedoms of citizens of RK.
The President of Kazakhstan as government body is the most important element of an institutional component of constitutionalism in RK. The constitution of RK fixes that the President of Kazakhstan acts as the guarantor of observance of the rights and freedoms of citizens. “The constitutional function of the President to guarantee observance of the rights and freedoms of citizens is put as a basis of its relationship with other public structures and government bodies urged to support also the legality mode.
The head of state plays very active practical role in ensuring realization of constitutional rights and freedoms of citizens, the statement of the mode of legality, fight against various forms of crime, observance of the state discipline" [2, 210-211].
Activities of the President of Kazakhstan for guaranteeing, protection and ensuring the rights and freedoms of citizens are many-sided. One side of this activity is participation in legislative activity. According to changes and additions in the Constitution of 21.05.07 the President has rights of a legislative initiative now.
Besides, the President has the right to define priority of consideration of drafts of laws in Parliament of RK, and also to declare consideration of the bill urgent, meaning that the Parliament has to consider this project within one month from the date of its introduction. At non-execution of the requirement of the President by Parliament, he has the right to issue the decree which is valid the law which will work before adoption of the new law by Parliament in accordance with the established procedure.
Concrete example of participation of the President in legislative activity is initiation by it in May, 2007 changes and additions in the Constitution of RK which had comprehensive character, mentioned all aspects of life of the
state and society and was directed on further expansion of democracy and acceleration of process of creation of the constitutional state.
The President of Kazakhstan enters a circle of subjects of the appeal to the Constitutional Council of RK. Through this direction of the activity it also realizes the function of the guarantor of the rights and freedoms of citizens. For these years the Parliament and the Constitutional Council established close effective cooperation in questions of ensuring the constitutional legality. From chairmen of chambers and deputies more than 70 addresses which concern various constitutional institutes and prospects of their development, the principles of relationship of the state, public associations and citizens, mechanisms of ensuring human rights and the citizen came to KC RK.
According to 12 addresses Constitutions in total of 13 laws adopted by Parliament and presented for the signature to the Head of state, including Special part of the Civil code, the laws “About the Rare and Being Under the Threat of Disappearance Animal Species", “About Activity of the International and Foreign Non-profit Organizations in the Republic of Kazakhstan" and others were recognized not corresponding. A number of laws which acceptance had a high public response are recognized corresponding to the Constitution [3].
The President of Kazakhstan, defining the main directions of domestic and foreign policy of the Republic, promotes recognition of Kazakhstan on the international scene by the full, equal partner. Kazakhstan in full assumed liabilities on implementation of the Charter of the UN, incorporation of its provisions in the national legislation. Kazakhstan is the party of many international treaties regulating various aspects of protection of human rights — the Conventions on the Rights of the Child of 1989, the Geneva humane conventions of 1949 and additional protocols to them, some conventions of the International Labor Organization on protection of the rights of workers in the production sphere, etc. In 1998, 4 ratified Conventions came into force: Convention on elimination of all forms of discrimination against women of 1979, Convention on the prevention of crimes of genocide and punishment for it of 1948, International Convention of elimination of all forms of racial discrimination of 1966. And the Convention against tortures and others cruel, inhuman or degrading treatments and punishment of 1984. In process of creation of legal and social and economic conditions process of ratification and accession to other international legal acts in the field of human rights will proceed [2, 213].
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Leading role of the President of the Republic of Kazakhstan in enhancing mechanism for protecting and safeguarding...
So, on June 26, 2008 the President signed the Law RK № 48-IV “About ratification of the Optional protocol to the Convention against tortures and others cruel, inhuman or degrading treatments and punishment" [4].
Kazakhstan actively interacts with member states of the CIS in the international human rights activity. Kazakhstan signed the Agreement on the help to refugees and displaced persons of 1993, the Convention CIS on ensuring the rights of the persons belonging to ethnic minorities of 1994, a number of contracts on legal aid and legal relations on civil, family and criminal cases, etc. [5].
In the summer of 1994 the historical decision on transfer of the capital of Kazakhstan to Astana was made. The President of Kazakhstan Nazarbayev N. A. was the initiator of transfer of the capital. On July 6, 2008 Astana celebrated the 10-year anniversary. Speaking at the solemn meeting devoted to this significant event, the President noted that Astana became model of social and economic development for all Kazakhstan.
The state seriously and consistently is engaged in creation of conditions for business development. On enlarged meeting of the government the President of the country noted that “it is necessary to concentrate all resources and to provide concrete result in limited number of the priority branches having high-tech potential”. However from an assignment which the Head of state gave, — “to deal with SEZ and the unemployed from them to reduce”.
The President of Kazakhstan, carrying out function of the guarantor of the rights and freedoms of citizens, hears reports and controls activity of the government bodies which are directly subordinated and accountable to the head of state. On November 27, 2014 the first deputy Prime-Minister of RK Bakytzhan Sagintayev held selector meeting on questions of realization of orders of the Head of state. Deputies of Parliament of RK, heads of the central state agencies and JSC NUH Bayterek took part in work of meeting.
In the Message to the people of Kazakhstan “Nurly zhol - a way to the future” the President of Kazakhstan charged to reconsider approaches to construction of social rent housing for the population under low interest rates. In this regard the mechanism of construction and realization of rent housing is presented to JSC NUH Bayterek. 180 billion tenges will be allocated for these purposes from National fund in 2015-2016, from them 35 billion tenges are allocated for leading of engineering and communication infrastructure, 145 billion tenges for construction and acquisition of rent housing. In general holding taking into account additional sources
of financing for construction of rent housing it is planned to send 250 billion tenges. The expected input of housing till 2020 will make more than 1.4 mln sq. m.
Besides, 10 billion tenges will be allocated for development of infrastructure and material base of 10 higher education institutions defined basic for the State program of the forced industrial and innovative development of Kazakhstan [6].
In December, 2014 Nursultan Nazarbayev held a meeting with the President of the French Republic Francis Ollande who arrived to Kazakhstan with the state visit. France is the leading trade partner (commodity turnover in 9 months 2014 made 4.7 billion dollars) and the large investor of our country (a gross stream of direct investments since 2005 totals about 10.8 billion dollars).
We also cooperate in education, — the President of Kazakhstan noted. — In Astana the V Forum of higher educational institutions will take place, and in Almaty the first in Central Asia branch of University Sorbonne will be open. In the capital the monument to Charles de Gaulle who in 1966 visited Baikonur Cosmodrome also opens [7].
Presidents of Kazakhstan and France Nursultan Nazarbayev and Francois Ollande participated in a ceremony of a greeting of participants of Kazakhstan-French of business and university forums.
Participants of a forum were addressed by the vicepresident of the International commission of Conference of presidents Khaled Buabdala who reminded that the international forum of the Kazakhstan-French higher educational institutions “Development of training and the academic mobility: exchange of experience, problems and prospects”, taken place in Astana in 2011, gave a big impetus to further development of the bilateral relations.
Within two years about 500 students were accepted by the French party, the most part from them entered the university, the part got to business schools or got vocational engineering education. From 2009 to 2014 the number of the Kazakhstan students in France became twice more, and we are sure that such dynamics in the relations will proceed.
It gave university of Lorraine which maintains the strong relations with Al-Farabi Kazakh National University and the Kazakh national technical university of K. Satpayev in Almaty as an example. It is known that in 2009 these three higher education institutions signed the partner agreement which result was a creation of the Kazakh-French scientific and educational center “Geo-
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Energetic" — one of the main directions of bilateral university cooperation [8].
The sphere of constant attention of the Head of state — socially vulnerable groups of the population. In the performance “Social modernization of Kazakhstan”: the President declared twenty steps to Society of General Work: “It is necessary to develop mechanisms of socialization of the citizens belonging to category of socially vulnerable population. It first of all disabled people and physically disabled people, members of large families, persons of pre-retirement age. And not guardianship of the state, but creation of such conditions which would help these citizens to find self-confidence, in the opportunities to socially useful work” has to become the main approach.
In 2008 Kazakhstan signed the Convention of the UN on the rights of disabled people and the Optional protocol to it. Two years later the Standard of rendering special social services in the field of social protection of the population in the conditions of rendering services was approved at home. Last year such services are rendered more than 87 thousand people of advanced age and to disabled people. For disabled children 17 houses boarding schools, 29 day hospitals function. According to the Plan of measures on ensuring the rights and improvement of quality of life of disabled people for 2012-2018 last year with technical supportive (compensatory) means provided more than 96 thousand physically disabled people (88 % of total number needing). Are provided to them the prosthetic and orthopedic help, surdo-, tiflo- means, wheelchairs, obligatory hygienic means, and also services of individual assistants and experts of sign language [9].
On December 5, 2014 in Astana the field meeting of Committee on welfare development of Mazhilis of Parliament of RK and Social council at fraction of Nur Otan party in Mazhilis with participation of members of the working group on the bill “About the State
Youth Policy in RK” took place. During a meeting questions of development of youth policy in the country were discussed.
Opening a meeting, the chairman of Social council of fraction of Nur Otan party, the deputy of Mazhilis of Parliament Aytkul Samakova noted importance of the discussed question. The other day the Mazhilis in the first reading approved the bill “About the State Youth Policy” developed at the request of the Head of state. In the bill definite purposes, tasks, the main directions of the state youth policy. The document fixed competences of government bodies, the norm that they realize the state youth policy is defined and it will be the indicator of an assessment of their activity. The special attention is paid to involvement of youth in life of the state and society, creation of conditions for their participation in decisionmaking process. The purpose and the maintenance of the youth resource centers and social services for youth are accurately defined. A. Samakova emphasized that transfer of the rights and duties of youth shouldn’t become the purpose of the bill.
- The youth is the future. This part of the population as any another is progressive and open to the new. The way of Kazakhstan and the future is connected with a level of development, opportunities, valuable orientations, extent of participation in economic, political and public life of the Kazakhstan youth, — A. Samakova told [10].
Carrying out function of the guarantor of the rights and freedoms of the person and citizen along with other functions, the President of Kazakhstan carries out the enormous volume of work. It would be desirable to emphasize that characteristic of the present Message is that despite the cataclysms which are available in world economy influencing development ofeconomy in Kazakhstan, the President focused attention to need of the further solution of social problems, improvements of welfare of the population. It is one of stability levers in the country [11].
References:
1. Nazarbayev N. A. President’s Address to the Nation “Nyrly Jol - Way of the Future”.//Kazakhstan pravda. -2014, November 12. - № 221 (27842).
2. Malinowski V. A. The head of state sovereign Kazakhstan. - Almaty, 1998. - 242 p.
3. Rogov I. I. The role of the nation’s leader in the development of development and the development of Kazakhstan’s parliamentary.//Kazakhstan pravda. - 2013, 27 November - № 324 (27598).
4. Law “On ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” dated June 26, 2008 - № 48-IV.//Kazakhstan pravda. - 2008, 28 ofJune.
5. Statement by the First Vice-Minister of Foreign Affairs E. Idrisov at the conference “Human rights and freedoms in the process of reform in Kazakhstan”. - 18-19 June 1998.//Proceedings of the Conference “Human rights and freedoms in the process of reform in Kazakhstan”. - Astana, 1998. - P.15.
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6. Rental housing - at low rates.//Kazakhstan pravda. - 2014, November 28. - № 233 (27854).
7. Maher Y. Kazakhstan - France: at the level of strategic partnership.//Kazakhstan pravda. - 2014, December 6th. -№ 240 (27861).
8. Tulesheva G., Osipov V. Business Workshop of the Presidents of Kazakhstan.//Kazakhstan pravda. - 2014, December 6th. - № 240 (27861).
9. Samakova A. Factor consolidation of the people.//Kazakhstan pravda. - 2013, 21 November. - № 320 (27594).
10. Kembaeva A. Develop youth policy.//Kazakhstan pravda. - 2014, December 6th. - № 240 (27861).
11. Bijanov A. Program specific actions.//Kazakhstan pravda. - 2014, November 12. - № 221 (27842).
Batyrova Ayjarkyn, 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 E-mail: dina_405@mail.ru
The theory of social rights
Abstract: In this article questions of the theory of the social rights are considered. The social rights not only are adjusted by the law, but also and to provide system of mechanisms of protection and guarantees. According to the theory of the rights of the natural right I arose how the state can exist without it. However real guarantees of essential social protection of the population can exist, only if political system of society, first of all it is connected with association of public funding mechanisms for social measures and actions.
Keywords: social rights, Constitution, constitutional, social rights.
Social rights as guaranteed by the Basic Law category of rights can, we believe, be considered in the narrow and broad concepts. Isolation of different points of view on the concept and content of social rights associated with the identification of research in the previous section of narrow and broad interpretation of the category of “social sphere", is based on the particularities of the identified social rights turn, in fact, the essence of the phenomenon under study law.
A social right has constitutional status and is mainly determined by the general legal status of a person in the Republic of Kazakhstan. “Constitutional rights and freedoms are fundamental not only in form, as enshrined in the Basic Law, but, most importantly, and content. Form,
i. e. securing the rights and freedoms in the Constitution of the Republic of Kazakhstan, is only a direct consequence of the exceptional value of their content. The Basic Law enshrined the rights and freedoms which are vital to the greatest extent and social significance for the individual and for society as a whole and the state” [1, 269-270].
Social rights are not only regulated by law, but also to provide a system of guarantees and protection mechanisms. Human and civil rights under paragraphs 1 and 3 of
Article 39 of the Constitution may be restricted by law and only to the extent that this is necessary in order to protect the constitutional order, public order, human rights and freedoms, health and morals. Is not permitted in any form or restriction of the rights and freedoms of citizens for political reasons. Thus, it is forbidden to limit constitutional rights, freedoms of man and citizen, for other reasons, other than those specified in the Basic Law. In this regard, let us quote Z. Zh. Kenzhaliev, V. A. Kim that the system ofhuman rights and freedoms in the Constitution of 1995 is given in accordance with the Universal Declaration on the species, the content, and the mechanism of their protection. This means that the Constitution enshrines the rights and freedoms of the completeness with which they are implemented in other advanced democratic countries, the rights of freedom are considered as characteristic of man as natural and not donated by the state, that they should enj oy all the people on the basis of equality, that they can’t be disposed of, and limitations must be provided only by the law [2, 16-17].
Our analysis of the research on the constitutional social rights allows us to state some of their basic characteristics, included almost all researchers in the
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