CC BY
60
Legal basis of the customs union
of the Russian Federation on the appeals process, in order to implement the appellate review is to strengthen the legal guarantee of the individual and preclude the entry into force of an unlawful decision [4].
Above indicate that the actions of actors on presentation of complaints and claims for judicial decisions are proceedings generating processes at appropriate stages. Here are the process — checking the decisions made in the previous instance.
Instructive value appellate rulings and verdicts does not mean that their value like a judicial precedent. In Kazakhstan, the judge in the administration of justice are independent and subject only to the law. The analysis of the law and the evidence contained therein instructions, decisions and judgments of higher courts contribute to the deepening of theoretical knowledge of investigators and judges, a correct understanding of the law, and help them acquire practical skills in the application of the rule of law, actively contribute to the formation of justice judges, prosecutors, investigators. It is on this basis and in this way the courts of second instance contribute to the proper resolution of criminal cases as those who do not come to the stage of the appeal proceedings.
In general, one of the most significant changes in the appeal process — the court of appeal in the case of finding errors in the decision of the trial court makes the right decision by not returning the case. This means that the appeal process is an effective way to test the judgments and making fair decisions and to protect the rights and freedoms of citizens.
In order to fulfill the constitutional position of freedom appeals lawsuits, judgments on the basis of equality law gives equal rights to file complaints and claims. The parties were able to express their opinions and objections regarding the complain and claim documents to supplement the first instance additional material not previously considered in court. If the deadline for the submission of complaints and claims for the right reasons lost, guaranteed his recovery.
Thus, the revision of judgments and sentences have not entered into force — special stage of the criminal process, whose main objective is to protect citizens and society from miscarriages of justice, to ensure compliance with the law by all parties to the criminal legal relations, to ensure a fair, humane and democratic administration of justice [5].
References:
1. The Constitution of the Republic of Kazakhstan on August 30, 1995.
2. Address of the President of the Republic of Kazakhstan - Leader of the Nation N. A. Nazarbayev to the people of Kazakhstan «Strategy “Kazakhstan-2050" new political course held state» from December 14, 2012.
3. Ugolovno Procedure Code of the Republic of Kazakhstan dated December 13, 1997.
4. Kryazhevskih O. V Some controversial issues of the courts of second instance.//Bulletin of Moscow University. -2005. - № 1. - S. 93-94.
5. Kanafin D. K. Appeal proceedings in the criminal process the Republic of Kazakhstan. - A., 2002. - Р. 3.
Kyzhyrova Ulpan Zhanbaiqyzy, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law
Baysalov Aly Dzhumamuratovich, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law E-mail: B_ali_77@mail.ru
Ilyasova Bakytkul Kuanyshkizi, Kazakh National Pedagogical University named after Abai, candidate of jurisprudence, the Institute of Law and Economics
Legal basis of the customs union
Abstract: legal frameworks of creation of customs union are examined in this article.
Keywords: Customs Union, Customs Code, documents, the Commission of the Customs Union.
The Customs Union means that two or more regions re- trading zones have used duties and other restrictive measures
placed the customs of the region. The area between the trade regulating the trade.
union duties and other restrictive measures regulating trade, Participating countries of the Customs Union:
or at least not from this area. As a result shall not apply to 1. Kazakhstan — from July 1, 2010;
trade in goods; each member of Union which is not part of 2. Russia — from July 1, 2010;
121
Section 15. Science of law
3. Belarus — from July 6, 2010;
4. Kyrgyzstan — from May 1, 2015;
5. Armenia — from October 10, 2014.
Many of the parties after the creation of the Customs Union on a regular basis has been working on projects and coordination of work that necessary for the creation of international agreements of the Customs Union within the EurAs-ES Integration Committee meetings.
The legislation of the Customs Union:
1. Customs Code;
2. Member-states of the Customs Union of international treaties regulating legal relations;
3. Code of the customs legal relations of customs union adopted regulatory decisions in accordance with the international agreements of the Customs Union member-states.
Belarus, Kazakhstan and Russia signed an agreement on the Customs Code of the heads of states of the Customs Union at November 27, 2009 in Minsk. 3 new economic integration has been working in the Customs Union between the structure of the states and this historic document came into full force on July 1, 2010. On this meetingat the same time, of the Customs Union was approved by the Common Customs Tariff which entered into force on January 1, 2010.
Also, in the field of customs and tariff regulation step-bystep effectiveshall enter into force the following documents:
- The list using a system of tariff preferences to developing countries of the Customs Union;
- A list of tariff system benefits from the developed countries of the Customs Union;
- When migrating from the tariff preferences to developing and least-developed countries and a list of goods produced in those countries;
- Distinguishing the common customs tariff rates and customs duties during the transition period when one of the parties, the transit of goods and rates that list.
The Commission of the Customs Union by consensus to change the transmission rate of the duty on a special list of goods.
The Commission approved a number of documents in the field of non-tariff regulation on the basis of:
- In the course of trade with third countries in the framework of the EurAsEC Customs Union member states for inward and outward transport of prohibited or restricted to a single list of goods;
- Limitation of the rule;
- The Rules of Procedure of the Commission of the Customs Union;
- Regulations on Export Council within the framework of the Customs Union;
- The text of the new structure of the Secretariat of the Commission of the Customs Union;
- Estimates of the expenditures of the Commission of the Customs Union in 2010.
Customs Union within the framework of international agreements signed by all parties in the state has been adjusted
and as the supreme body of the Customs Union (at the level of heads of state and heads of government) will come into force only after the adoption of the relevant decision. To this day, within the framework of the Customs Union entered into force on 14 international document, began to work. They are:
1. On October 10, 2000 Protocol on amendments to the agreement on the establishment of the Eurasian Economic Community;
2. The treaty establishing the legal framework of the Customs Union and then to get out of, or access to international treaties governing the entry into force of the Protocol;
3. Agreement on Customs Union Commission;
4. The creation of the Customs Union and the establishment of a single customs space on the contract;
5. Within the framework of the Eurasian Economic Community sanitary and phytosanitary measures, technical regulations for a coordinated policy in the field of the agreement;
6. Products of the Customs Union agreement on internal and external trade statistics;
7. Agreement on the Common Customs Tariff regulation;
8. Terms of Use agreement on mechanisms and tariff quotas;
9. The case is different from the common customs tariff rates and the rates of customs duty on goods transported conditions and procedures for the use of the protocol;
10. Protocol on tariff preferences;
11. Customs Union Protocol on the common system of tariff preferences;
12. About a third of non-tariff regulation of the state agreement on common measures;
13. Common Customs in relation to third countries in the areas of trade agreement on the procedures to be applied to;
14. In the field of foreign trade of goods, the provisions of the licensing agreement.
Kazakhstan, Russia, Belarus Customs Union states first of all be noted that the conditions for the establishment of this idea can be supported by the political elite. President Nursultan Nazarbayev our country since the collapse of the former republics of the Soviet Union to participate in the continuous development of relations between the integration is well-known that. However, the establishment of the Customs Union is not enough to desire and the desire of the leaders of the country. This integration must go through several training group level. It was only in the second stage. In order to achieve the same level and many of the necessary preconditions. These include political, cultural, information, culture, etc. can be attributed to. I am writing this economy of the member states of the Union for the creation of international organizations, such as it should be compatible with each other. On the basis of any economy is the level of technical and technological development. So, such is the level of technological development of the main pillar of the Union. Our countries of the developed countries in the world in the past is the level of technological development 4 (the highest level — 6). In this regard, there is no one who can beat each other three coun-
122
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: info@fingramota.kz
Mukhamadyeva Gulzhan Nusupzhanovna, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law E-mail: B_ali_77@mail.ru 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.
123
