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Section 2. Science of law
Nurbayev Adilet Nurbayuly, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law Ospanova Jamilya Azizkhanovna, Candidate 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: [email protected]
State-legal protection of children in the Republic of Kazakhstan
Abstract: In work state and legal bases of protection of the rights of the child in the Republic of Kazakhstan are investigated. Are considered history of development of the concept of human rights and rights of the child in the legal concept of human rights, concept of the mechanism of protection of the rights of the child, the structure and the characteristic of the mechanism of legal protection of the rights of the child both with theoretical, and from a practical side are given. The provisions lit in work are directed on improvement is state — legal protection of the rights of the child. In any society children have to use special care and protection. They are the most expensive that can be, and from that, their life is how arranged, what conditions are created for them by the state, the future of this state depends. Therefore questions of protection of children and their basic rights, and children have too rights, have to be the focus of attention in any state.
Keywords: children, legal protection, reforming, convention, action mechanism.
Master’s thesis topic I chose about protecting the interests of children in the Republic of Kazakhstan, as he decided to continue the theme of the thesis, which he defended, studying in a bachelor degree. This paper investigates the state and legal framework for the protection of children’s rights in the Republic of Kazakhstan. The history of the development of the concept of human rights and the rights of the child in the legal concept of human rights, the concept of a mechanism to protect the rights of the child, given the structure and characteristics of the mechanism of state — the legal protection of the rights of the child with both theoretical and practical perspectives. Subjects covered in the provisions are aimed at improving public-pravovoy child protection. In any society, special care and protection should be used by children. They — it’s the most expensive that can be, and that’s how their lives are arranged, what the conditions are created for them by the state, depends on the very future of this state. Therefore, the protection of children and their fundamental rights, and the children have the same rights, should be the center of attention in any state. The original idea of human rights formed in the mainstream theory of value and legitimacy of the law (Socrates, Plato, Aristotle, Pericles, Demosthenes). Each stage of development of society was yet another step in the expansion of rights and freedoms. In this topic, if you communicate with the theory of law, it is possible to identify the child as a minor has the legal capacity from the moment of
birth, and capacity comes from the moment they reach a certain age established by the state. Thus, recognizing the child’s legal capacity, the state determines the assignment to him a certain amount of natural and inalienable rights, obliging society guaranteed the protection of the rights, freedoms and legitimate interests of the child. It is the right to life is the most essential and, one might say, the basic right of the original, which appears after the birth of the child, and no one can deprive him of that right. Human rights and child are universal moral categories, fundamental in nature, which are an integral part of each individual in his relations with the state. The modern concept of human rights involves three aspects:
- Each authority has its own bounding boxes;
- Each person has their own autonomous sphere in which no force can invade;
- Each person can make a strong statement against the state in order to protect their rights.
Human rights belong to the category of moral rights, but they differ from other moral rights for a number of reasons. Moral rights may belong to the individual with his particular place or role in society. Human rights, on the contrary, are universal. They belong to all people in all situations, regardless of social status. Base sources is represented by several groups of documents. The first of these should include legislative and other normative acts adopted in the last decade. This group of sources is very important because it allows us to characterize
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State-legal protection of children in the Republic of Kazakhstan
particular state approach in the field of legal policies for state protection of children’s rights in the country. For example, only for the period from 1999 to 2005 in Kazakhstan on this issue developed and adopted a number of national laws, which include:
1) “The concept of the state youth policy of the Republic of Kazakhstan" dated 28 August, 1999;
2) Code ofthe Republic ofKazakhstan “On Administrative Offences”, dated 30 January, 2001 (Chapter 12 “Administrative offenses against the rights of minors”);
3) Law of the Republic of Kazakhstan “On preventing and curbing smoking”, dated July 10, 2002;
4) The law of the Republic of Kazakhstan “On youth policy in the Republic of Kazakhstan” dated July 7, 2004;
5) The Law “On the Rights of the Child in the Republic ofKazakhstan” dated August 8, 2002; Typical position “on the Commission for the Protection of Minors” of 2001. The degree of elaboration of the problem is characterized by the fact that during the period of formation of Kazakhstan as a sovereign state research in this area, in fact, were not carried out. Source materials research were: laws, ordinances, codes, regulations defining the legal status of the child. An important place is given to the analysis of official documents: letters, statements and speeches of the President of the Republic of Kazakhstan and the leading statesmen, as well as monographs, collections of scientific papers, scientific journals, scientific and socio-political literature. The study takes into account the achievements and experience of the Soviet, Kazakh, Russian and foreign states on public-legal protection of children’s rights. According to the Law of RK “On the Rights of the Child” dated August 8, 2002, the public policy objectives of the Republic of Kazakhstan for children are:
- Ensuring the rights and legitimate interests of children, preventing discrimination against them;
- Consolidation of the basic guarantees of the rights and legitimate interests of children, as well as the restoration of their rights in cases of violations;
- Formation of the legal framework guarantees the rights of the child, the establishment of appropriate bodies and organizations for the protection of the rights and legitimate interests of the child;
- Promote the physical, intellectual, spiritual and moral development of children, education for their patriotism, citizenship and peace, as well as the implementation of the child’s personality in the public interest, traditions of the people of the state, the achievements of national and world culture;
- Focus the work on the formation of a minor legal awareness and legal culture. At present, the protec-
tion of the rights and legitimate interests of the children entrusted to the guardianship authorities in the field. According to Article 106 of the Law “On Marriage and Family”, they perform their functions through the competent authorities of education, social protection and health. However, under the current distribution of powers issues such as the prevention of child separation from family, early identification of children in difficult situations, and taking action on their device in the family, in most cases remain unsolved. In this context necessary to change the legal status of the guardianship authorities through their reform in independent business units local government offices. To ensure the quality of life of children, the relevant international standards, Kazakhstan has joined many international instruments, including the Convention on the Rights of the Child. In connection with the international commitments Kazakhstan deadlines reported to the UN Committee on the Rights of the Child on the implementation of the signed them normative legal acts. Thus, in accordance with the resolution adopted at the 58th session of the UN General Assembly in September 2006, the Committee was prepared by the National Report on the implementation of the Declaration and Plan ofAction “A World Fit for Children”. The Committee also prepared a report on the implementation of the Republic of Kazakhstan of the Optional Protocol on the involvement of children in armed conflict, which was heard in the UN Committee on the Rights of the Child in Geneva in September 2006. During the ratification of the Convention on the Rights of the Child, Kazakhstan has twice reported to the UN Committee on the Rights of the Child on the implementation of its provisions. The second report, prepared by the Committee, held at the 45th session of the UN Committee on the Rights of the Child in May 2007. In order to implement the recommendations made at this session of Kazakhstan, the Committee developed an “Action Plan for the implementation of the Concluding Observations of the UN Committee on the Rights of the Child”, which reviewed and approved at a meeting of the Interdepartmental Commission on international humanitarian law and international human rights treaties. To the greatest extent to protect the rights and interests because of physical, mental and social immaturity require minors. But their rights are increasingly violated by parents and officials. And the number of such violations, unfortunately, is steadily growing. One of the most effective ways to protect the rights and interests of minors in the Republic of Kazakhstan, in my opinion, is the optimization and improvement of the legislation on models of practice in foreign countries.
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References:
1. The Constitution of the Republic of Kazakhstan., 30.08.1995.
2. Children of UNICEF: “Children as subjects of International Law”. - Astana, 2013.//[Electronic resource]. -Available from: http://www.uniсef.by/projeсts/childrenrights/.
3. Law on the Protection of Children’s Rights in the Republic of Kazakhstan., 8.08.2002.
4. Children’s Legal Center and UNICEF, Guidance for legislative reform on juvenile justice. - 2011.
5. Convention “On the Civil Aspects of International Child Abduction”, The Hague, 25 October, 1980.
Orisbaeva Zamira, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law Mynbatyrova Nuraylym Kambatyrovna, candidate of juridical science, associate professor of department of theory and history of the state and law, constitutional and administrative law, law faculty, Al-Farabi Kazakh National University E-mail: [email protected]
Some problems of studying the history of ideas division of the authorities in Western Europe
Abstract: The article is about the occurrence and development of the idea of division ofpower. Author divides its development into four stages and gives information on each of them. Also, author emphasizes some scholars, who made a significant contribution to the development of the idea of division of power. It is specially noted John Locke and Sh. L. Montesquieu, being strongly associated with the modern theory of division. It is pointed out that the early political and legal ideas had an enormous influence on thinkers of modern times. Conclusion are drawn that the consideration of the triad in the form of legislative, executive and judicial powers over time has become a classic formula of the theory of constitutionalism.
Keywords: division, state-legal relations, balancing, natural law, social contract, monarchical form, democratic form, authority.
Division of the authorities is one of the oldest political principles that emerged as a political and legal thought in ancient times and developed up to now.
Development of the theory division of the authorities can be divided into four stages:
1. The theory of division of the authorities in the ancient legal thought;
2. The theory of the division of the authorities in the medieval legal thought;
3. The theory of the division of the authorities between the bourgeois revolutions.
The theory ofthe division ofthe authorities at the present stage. The rudiments of the modern theory of division of powers were laid in ancient times. Ancient thinkers have tried to identify the communication and interaction between the law and the government, which would ensure the harmonious functioning of the society of a particular era. Scholars ofantiquity believed that the most reasonable
and fair, only that the political form of life in which the law is generally required, both for citizens and for the state itself [1, 27].
Platon, exploring the state-legal relations, and especially the origin, structure and functions of the state, divides them by shape [2, 94]. It is based on the principle of classification of the differentiation of authority of one, or a particular group of the majority.
In his book “Politics” Aristotle wrote: “Where there is no rule of law, there is no place and form of the state system. In any state system of three main parts; first — the legislature body considering the affairs of the state, the second — position, the third — the judicial authorities” [3, 159]. Aristotle divides the state into three right and three irregular shape. In his opinion, the most correct form of the state — the political, selects the best of the monarchical and democratic forms ofthe state, in other words, take into account the interests of the Politia as a people and the ar-
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