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4. Исаева К. А. Теоретические аспекты "конфликтного следствия"/К. А. Исаева//Вестник Кыргызско-Российского славянского университета. - 2012. - Т. 12. - № 12. - С. 21-25.
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6. Isaeva K. A., Abdukarimova N. E., Oskenbai G., Vorontsova I. N. Die eigenschaften des bewisgegenstandes in den sachen über die jugendstraftaten laut gesetzgebung der Kirgisischen Republik.//B сборнике: The Ninth International Scientific Conferenceon Private and Public Law Proceedings of the Conference. Orzechowska K. (Ed.). - 2015. - С. 88-100.
DOI: http://dx.doi.org/10.20534/ESR-16-9.10-268-270
Ibrayeva Alua Salamatovna, Doctor of Law Professor, Al-Farabi Kazakh National University E-mail: [email protected] Tursynkulova Dinara Ahanovna, Candidate of Legal Sciences Professor, Al-Farabi Kazakh National University E-mail: [email protected] Nussipova Lyatifa, Senior Lecturer, Al-Farabi Kazakh National University E-mail: [email protected] Goncharov Sergey Borisovich Al-Farabi Kazakh National University, E-mail: sergei [email protected] Ushurbakiev Ashimzhan Abdullaevich, Municipal public institution "School number 75 to them. Sh.Kudayberdyuly"
Problems of improvement of legislation on the state youth policy in the Republic of Kazakhstan
Abstract: In article the legal basses of the state youth policy of the Republic of Kazakhstan are revealed, stages of formation of the legislation in the sphere of the state youth policy are allocated, the scientific analysis of the current legislation is carried out, recommendations are offered.
Keywords: youth, state youth policy, legislation, volunteer activities.
The youth is a special social age-related group, which acquires important functions, such as educational, professional, cultural, etc. The youth differs not only by age, but also by the social status in society. The youth is an object of youth policy and state programs. The youth are citizens of the Republic of Kazakhstan aged from fourteen up to twenty-nine years.
Let's mark out features of youth. The youth quicker perceives all latest information and material developments, scientific discoveries. The youth confidently takes places of adults, eliminates unfashionable, conservative views, representations, changes valuable installations. The youth chooses different vital strategies. It is possible to distinguish certain contradictions from the Kazakhstan youth:
— Highly educated youth and illiterate youth;
— aspiration to self-realization and complete inactivity;
— youth subcultures and countercultures;
— cult of sport and alcoholism and drug addiction;
— rich youth and poor youth.
The youth creates personal system of hierarchies of values, chooses priorities from a number of alternatives, at the same time
relying also on the traditional and modern values that are necessary for them to achieve vital success.
The Spanish culturologist H. Ortega-i-Gasset marked value of the principle of individualism. He believed that new generation is not simply group of unique persons, not combination of circumstances where random individuals age-mates gathered together, but it is qualitatively new efficient "vivifying" force without which socio-historical process can't develop. The thinker considered that it is necessary to bring up generations of the extraordinary, active persons ready to positive changes aimed at perception to something unlike and new. The younger generation should not live only with settled stereotypes, with classical reference points in activities, it shall introduce "something" new, individual, personal.
Thus, the youth is best of all adapted for implementation of innovative projects and technologies in various spheres of activity. The youth is aimed to reception of new knowledge and implementation in life of the new ideas. The youth is mobile and full of strength for construction of the life. These qualities distinguish the Kazakhstan youth. For this reason, the youth is perceived as the main strategic resource of our country today. Let's quote words of the
Problems of improvement of legislation on the state youth policy in the Republic of Kazakhstan
President of Kazakhstan about youth. "I address our youth. You are the embodiment of all our hopes for the future. You will determine a further way of the country. Your new independent thinking is a factor which will lead the country to the new purposes seeming to us today far and inaccessible" [1].
Let's bring quantitative indices about youth in RK. So, according to Committee of statistics of the Ministry of National economics all young people in RK are 4,3 million people. From them 2,2 million are busy youth; 105,5 — jobless youth; 1,8 million — studying youth [2].
Today in structure of youth of Kazakhstan the most numerous is the group at the age of 24-28 years. Let's note that at turning moments of existence of society the youth appears as the most unprotected category of the population which stands in a such unique valuable and spiritual vacuum.
For this reason, the youth is a subject to influence of various negative ideas. Let's quote words of the famous scientist K. Mankheyn: "Penetration into society from the outside forces youth to sympathize to dynamic social movements which cause discontent to the current situations for absolutely other reasons. The youth still has no interests fixed by the law, either the economic, nor value-conscious, that are available for the majority adults. The fact that in youth many act as jealous revolutionaries and reformers is explained by this, later when they have permanent job and a family they turn into defense and support to preserve statusquo" [3].
For the purpose of protection of youth, and also in connection with instability of youth as social group accurately verified state youth policy is necessary.
Let's address to the legislation of youth policy. On June 28, 1991 the first law in the sphere of youth policy was adopted. — "About the state youth policy in the Kazakh SSR" [4].
This law didn't reflect public requirements. Many regulations of this law remained formal, not feasible. For this reason, it required to determine the conceptual ideas of new youth policy. Therefore, in 1999 the new Concept of the state youth policy was accepted. In this Concept, main approaches of activities of state bodies directed to increase social status and economic situation of youth of the country were pledged. Based on this concept the Law "About the State Youth Policy in the Republic of Kazakhstan" [5] was adopted onJuly7, 2004.
The public relations quickly change. Respectively the directions of the state youth policy change. For this reason in February 2013 the following Concept of the state youth policy "Kazakhstan 2020: way to the future" was adopted. [6]. On February 9, 2015, the new, current Law of the Republic of Kazakhstan "About the state youth policy" was adopted [7].
The youth is citizens of the Republic of Kazakhstan from fourteen to twenty-nine years [9]. Thus, in the law there is no division of youth into groups taking into account economic, mental, emotionally and spiritual development of youth.
In our opinion, it is necessary to divide and enshrine in paragraph 3 of Article 1 of the Law of the Republic of Kazakhstan "About the state youth policy" the following groups:
The 1st group — 14-17 years. It is youth that study at day comprehensive schools, specialized schools, boarding schools and other organizations equal to them. This group is most subjected to outside influence, is emotionally and psychologically unstable, has no settled vital values and reference points.
The 2nd group — 18-23 years. It is the youth studying in the organizations of the high and secondary special education. This group is the most social and active, but at the same time "is unstable" in political and economic relations.
The 3rd group — 24-29 years. It is the youth performing a labor activity, or getting professional postgraduate education.
In our opinion, this ranging will allow to realize more effectively the state youth policy considering economic, psychological, spiritual and emotional development of youth of each group.
In addition, we believe possible to offer the following recommendations.
1. In the Law of the Republic of Kazakhstan by February 9, 2015 "About the state youth policy" there is no accurate strategic priority in solving problems of youth. In our opinion, it is necessary to expand and bring specific purposes and tasks in chapter 3. Mechanisms of forming and implementation of the state youth policy;
2. It is necessary to review the principle of implementation of youth policy, the youth should not be object of activities, they should participate actively in implementation of the Law — should become subject. It is necessary to expand and make additions to article 20. "Republican and regional forums of youth". It is necessary to expand powers of consultative and advisory bodies;
3. In the Law of the Republic of Kazakhstan from February 9, 2015 "About the state youth policy" there are no adequate mechanisms of inclusion of the youth in the solution of social problems in the sphere of work and employment, etc. With respect, thereto we believe that it is necessary to enter into the law measures of stimulation in participation of youth in the solution of social problems;
In our opinion, it is necessary to stimulate development ofvol-unteer activities in regions, widely propagandize institute of volunteers by media, to render assistance and to encourage activities of volunteers.
4. Also we suggest adding to article 29 the following paraphrases:
• Volunteer activities are performed on the principles: publicity, legality, voluntariness, gratuitousness.
• The citizen of RK who reached 18 years after registration in territorial division of authorized body can become the person performing volunteer activities. The person who does not reached this age have the right to be involved in volunteer activities with a written consent of parents, guardians, trustees;
• The person that performs volunteer activities is obliged: to realize activities in compliance with laws and other regulatory legal acts of the Republic of Kazakhstan; not to violate the rights and legitimate interests of citizens; to fulfill requirements and restrictions of authorized body; not to disclose the data received in the course of implementation of volunteer activities; not to set before itself the purpose of receipt of benefit for implementation of volunteer activities; to report following the results of the work in territorial subdivisions of authorized body.
• The person performing volunteer activities has the right: at any time to stop occupation ofvolunteer activities; to participate in actions within implementation of the state youth policy; to earn rewards, awards, the state awards, letters of acknowledgement for fair implementation of volunteer activities.
References:
1. Letter of President to the people of Kazakhstan "Strategy Kazakhstan - 2050: A new political policy of the state that took place". - Astana, - 2012.
2. The national report "Youth of Kazakhstan - 2015". Avtorov. - Almaty: "Kazakh university", - 2015.
3. Mankheim K. The diagnosis of our time/translation from English S. V. Karpushina. - M.: Lawyer, - 1994. - 446 p.
4. The law of the Kazakh Soviet Socialist Republic from - June 28, - 1991. - Access mode: URL: http://egov.kz
5. The law from - July 7, - 2004 "About the state youth policy in the Republic of Kazakhstan" (with changes and additions from 13.01.2014) (became invalid). - Access mode: URL: http://online.zakon.kz
6. The concept of the state youth policy in the Republic of Kazakhstan till 2020 "Kazakhstan 2020: way to the future"/URL:/http://strat-egy2050.kz
7. The law of the Republic of Kazakhstan from February 9, 2015 "About the state youth policy"//URL: http://online.zakon.kz
DOI: http://dx.doi.org/10.20534/ESR-16-9.10-270-272
Ibrayeva Alua Salamatovna, Doctor of Law Professor, Al-Farabi Kazakh National University E-mail: [email protected] Tursynkulova Dinara Ahanovna, Candidate of Legal Sciences Professor, Al-Farabi Kazakh National University E-mail: [email protected] Nussipova Lyatifa, Senior Lecturer, Al-Farabi Kazakh National University E-mail: [email protected] Goncharov Sergey Borisovich, Al-Farabi Kazakh National University, E-mail: [email protected] Ushurbakiev Ashimzhan Abdullaevich, Municipal public institution «School number 75 to them. Sh.Kudayberdyuly»
Legal basis of anti-corruption in the Republic of Kazakhstan
Abstract: In this article the legal mechanism of anti-corruption in the Republic of Kazakhstan is revealed. Here the analysis of legal status of subjects of anti-corruption is carried out; contents of the legal basis of anti-corruption in RK are disclosed. Keywords: corruption, anti-corruption legislation, anti-corruption, subjects of anti-corruption.
From the moment of independence Kazakhstan purposefully and step by step follows a rate on creation of effective, conforming to the international standards institutes and mechanisms on anti-corruption. Corruption as the social phenomenon is a serious problem for any society today. Corruption arises together with the state and closely connected with the government, with a possibility of access to financial resources of the state, with an opportunity to apply forced methods and means to achieve personal purposes.
Corruption is characteristic of most states of the world as developed and developing states too. High level of corruption leads to decrease efficiency of public administration, reduces level of social and economic development and investment appeal of the country. According to the information that was given by the Institute ofeconomy of Committee of Science of the Ministry of Education of the Republic of Kazakhstan, damages caused to Kazakhstan because of corruption crimes since 1994 to 2013 are assessed at more than $7,5 billion. According to data ofthe Prosecutor General's Office of RK from 2006 to 2016 100 billion tenges are exported from Kazakhstan.
On November 18, 2015 the law of RK "About Anti-corruption" [1] was adopted. According to this law, corruption is illegal use by the persons holding a responsible state position, the persons authorized on accomplishment of the state functions, the
persons equated to the persons authorized on accomplishment of the state functions, official persons of their (office) full powers and the related opportunities for the purpose of obtaining or extraction personally or through intermediaries of the property (non-property) benefits and dividends to themselves or third parties, and equally in bribery of these persons by provision of the benefits and dividends.
For anti-corruption the anti-corruption policy is pursued. It is the legal, administrative and organizational measures directed to decrease corruption risks, increase in trust of society to activities of state bodies. In addition, we will open a concept of anti-corruption. Here activities of subjects of anti-corruption within the powers according to the prevention of corruption are meant. Here it is possible to refer actions for forming of anti-corruption culture in society, identification and elimination of the reasons and conditions that promote making of corruption offenses and identification, suppression, disclosure and investigation of corruption offenses and elimination of their consequences [1].
In the presidential decree approved on December 26, 2014 the Anti-corruption strategy of the Republic of Kazakhstan for 20152025 the key directions of anti-corruption were determined. This anti-corruption actions in the sphere of public service; implementation of institute of public control; anti-corruption in a quasi-public
