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Search results: Constitutional Council

Number of results: 12


Role of youth public associations in realizing of state youth policy of the Republic of Kazakhstan
Annotation:

The state and the direction of the youth policy development of the Republic of Kazakhstan and the role in its realizing of youth public associations and organizations are considered in the article.

Author: Y. Bukvayeva
Year of release:
Number of the journal:

The modern state and analysis of forming of healthy way of life are in the Republic of Kazakhstan (a case of study of center of forming of healthy way of life of the Akmola region)
Annotation:

In this article, activity of national center of problems of forming of healthy way of life that is sent to forming and stimulation of healthy way of life of citizens and on development of prophylactic and restoration medicine are considered. The role of coordinating councils in process of health care at the level of government, that provide monitoring of realization of socio-economic development of country, including in area of health protection are distinguished in this article. For creation of the effective system of prophylaxis of sociallymeaningful diseases and forming of healthy way of life indicators are certain in a country. Some actions of centers of healthy way of life carry practical character, when specialists render a consultative and practical help to the population. Primary and general objective of the system of health protection of country and in particular in regions this strengthening of health of population, increase of their welfare, forming of the responsibility and skills, sent to maintenance and improvement of health, and also propaganda of healthy way of life.

Year of release: 2016
Number of the journal: 2(62)

Behavioral safety audit as a tool for changing the work culture
Annotation:

The article presents new tools for managing labour safety to conduct behavioral safety audits, transforming meetings and labor protection councils into cascade committees, to implement technical and safety standards, and to use new assessment and motivation system and methods of internal incidents investigation.

Year of release: 2017
Number of the journal: 3(67)

Constitutional-legal mechanisms of protection of citizens rights in economy and enterprise
Annotation:

The article analyzes not only the critical foundations of economic interests of the state, but also authorizes the economic security of the state and examines the most important areas of practical activity of the law enforcement agencies of the Republic of Kazakhstan, which provide legal protection of economic interests. The article deals with the issues related to the establishment of the status of law enforcement agencies that carry out the legal protection of the economic interests of the Republic of Kazakhstan. Some existing scientific research does not cover all issues related to the economic security of the Republic of Kazakhstan. The topic that is being explored here is often characterized by novelty, which is definitely actual.

Author: Zh.В. Amanbai
Year of release: 2019
Number of the journal: 4(76)
Heading: Social sciences

On the question of understanding the rule of law in a country with the rule of law
Annotation:

In the present article the understanding of the lawfulness in a legal state isconsidered . In particular, the author notes that legality is the main principle of the rule of law. In addition, it is noted that the precise implementation of democratic laws entails the implementation of other legally enshrined principles, such as: separation of powers, democracy, sovereignty of the people, recognition and guarantee of human rights, etc. The author concludes that at present, the idea of a legal state, as applied to the Republic of Kazakhstan, is in the phase of its implementation.

Author: B.M. Pakirdinov
Year of release:
Number of the journal:
Heading: Social sciences

Criminal law protection of personal freedom in Kazakhstan: grounds and principles of criminalization of encroachments
Annotation:

In this article, the author examines the grounds and principles of criminalization of encroachments against the personal freedom of a person and a citizen. The purpose of this study is to analyze the legal validity of criminalization of acts that infringe on personal freedom. The article emphasizes that the criminalization of socially dangerous acts taking place in society plays a leading role among the means of influencing crime. In the practice of developing criminal legislation, there are many examples when previously unpunished criminal acts were later recognized as a crime at the legislative level. The methodological basis of the research is based on traditional general scientific and special legal methods: system-structural, historical-legal and comparative-legal. The researcher notes that the need to criminalize crimes against personal freedom is primarily due to the following reasons: a high degree of public danger; negative dynamics of these acts; the existence of conditions for committing these crimes that cannot be eliminated without criminal liability; the need for a criminal law guarantee of protection of constitutional rights and legislative provisions; the existence of international legal obligations of the state to counteract the acts in question. Subsequently, the article makes a reasonable conclusion that in the Republic of Kazakhstan, in fact, there were and is currently objective grounds that prompted the legislator to criminalize attacks on personal freedom. The author refers to the principles of criminalization of acts against personal freedom: legal and criminological (the possibility of influencing socially dangerous acts through criminal law measures; the procedural feasibility of prosecution; the principle of proportionality of sanctions and economy of repression); socio-economic (the significant nature of the material and moral harm caused by the crime; the advantage of positive consequences over negative ones; the availability of material resources for the implementation of the criminal law ban; ); socio-psychological (sufficient level of public legal awareness and psychology; historical traditions). In the article, the author concludes that the Kazakh legislator really had every reason to criminalize acts against personal freedom. At the same time, it is emphasized that despite the relative regularity of criminal law acts that infringe on personal freedom, the legal regulation of criminal liability for them still requires further improvement.

Author: M.S. Akishev
Year of release: 2020
Number of the journal: 3(79)
Heading: Law

Constitutional Council of the Republic of Kazakhstan and other state authorities: problematic aspects of interaction
Annotation:

In the Republic of Kazakhstan a market economy, a democratic political system and a free civil society based on ideological, social and political pluralism are developing. This contributes to the development of constitutional norms and the diversity of new legal institutions that ensure the supremacy of the Constitution. These include the constitutional Council. In 2020, it's been twenty-five years from the date of adoption of the Constitution of the Republic of Kazakhstan and the creation of the constitutional Council of the Republic of Kazakhstan, ensuring the supremacy of the Constitution throughout the territory of the Republic. The constitutional Council of the Republic of Kazakhstan is not part of any of the three branches of government and is subject only to the Constitution of the Republic of Kazakhstan and the law. The purpose of this article is a comprehensive analysis of theoretical and practical issues of interaction between the constitutional Council of the Republic of Kazakhstan and other institutions of state power. In this regard, the article contains the results of the analysis of the foundations of the constitutional system of the Republic; constitutional supervision of the prosecutor's office; the institution, functions and instruments of power of the President, mechanisms of interaction of the Constitutional Council as a constitutional supervisory body with the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan. A comprehensive study of the activities of the constitutional Council of the Republic of Kazakhstan on the constitutionalization of current legislation is one of the current theoretical and practical problems. It is determined by the scale and quality of the current legislation adopted during the period of fundamental social reforms, the need to «correct» and improve it. In this regard, a significant role is assigned to the Constitutional Council, whose activities are subject to scientific analysis and reflection. In addition, the authors studied and revealed the line of interaction of the constitutional Council and other government institutions are considered in the areas of initiation of constitutional proceedings in the Council, organisational, legal, information procedures, determine the composition of the constitutional Council, overcoming the objections of the President to the constitutional Council's decision. The institutional method used in the article made it possible to show the essence and significance of the constitutional Council in the system of state authorities

Year of release: 2020
Number of the journal: 2(78)
Heading: Law

The role and place of local self-government in modern society
Annotation:

Local self-government bodies are an integral mechanism of the foundation of a democratic state. In the modern system of public relations, one of the most important places is occupied by general economic relations, namely local self-government. Without a developed system of local self-government, legislative and real opportunities, it is very difficult to independently create market-democratic structures to solve economic, social, domestic, cultural and other issues at the local level. Local self-government bodies are a special level of government, which combines two principles: public and state. In the practice of Constitutional and administrative law, it is important to determine the place and nature of local self-government and to establish balanced relations between State authorities and self-government bodies, on the one hand, with local representative offices and structures. The purpose of the article isto study the role and place of local self-government in modern society, to develop practical recommendations on the formation and prospects for the development of local authorities in Kazakhstan. When writing an article, the following methods are used: description, analysis and synthesis, justification, logical modeling, system analysis, etc. When studying the formation of local self-government, as well as the functional management system, the method of structural and analytical analysis was used. The conclusions and recommendations obtained as a result of the conducted research can be used: in the practical activities of maslikhats and akimats of the Republic of Kazakhstan, civil servants; in the process of studying at courses in higher educational institutions, as well as for further general theoretical and applied research.

Year of release: 2022
Number of the journal: 2(86)

Specifics of management in tourism of Pavlodar region
Annotation:

Main problem: for the 2019-2021 years of the implementation of the state program, the indicator for the number of incoming visitors in the tourism sector of the region was achieved in 2019. In 2020-2021, the indicator was not reached due to the global pandemic associated with the spread of coronavirus infection by Covid-19, and therefore the attractiveness and profitability of tourism in Kazakhstan decreased. Tourism and the increasing demand for tourism services every year are becoming a source of large incomes and profits in many countries. According to the World Travel and Tourism Council (WTTC), travel and tourism is currently the largest industry in the world, taking into account the contribution to global GDP and employment. [1] The conclusions made in this paper and practical recommendations can contribute to the development of measures to improve the process of effective management and reform of the tourism industry. The purpose: to study the theoretical and practical aspects of the development of the tourism industry in the Pavlodar region. Methods: in the course of the research, the following methods were used: theoretical analysis of literature, methods of ranking, analysis, grouping and systematization of data, statistical methods. Results and their value: currently, the tourism industry of both Kazakhstan and its regions is gradually beginning to develop. The article presents the result of assessing the attractiveness of the tourism market and shows ways to expand the industry, as well as reveals the specifics of management in the tourism sector. The formulated conclusions and practical recommendations can contribute to the development of measures to improve the process of effective management and reform of the tourism industry of Pavlodar region, as well as the development of a mechanism for using tourism potential in the socio-economic development of Kazakhstan. This study is relevant, since the main task for today is the need to study the problems and challenges in the field of tourism development, which will contribute to the development of other related industries in the Republic of Kazakhstan. The development and solution of the problems of the tourism industry itself will undoubtedly lead to an increase in the opportunities of this market and the demand for services and, as a result, will affect the development of economic indicators of both regions and the whole of Kazakhstan.

Year of release: 2022
Number of the journal: 4(88)

The right to education as a component of the effective development of legal culture
Annotation:

The main thesis of the proposed research is that in modern conditions of globalization, the realization of the right of citizens to education is an important and necessary condition for the development of society and the state. The right to education provides everyone with knowledge, skills, the development of creative abilities, guarantees the effective functioning of state and public institutions, national security, maintains stability in society and contributes to the development of a democratic, social rule of law state. The purpose of the study is to develop a holistic concept of constitutional and legal provision of the right to education in the Republic of Kazakhstan, taking into account international experience and developing proposals for improving domestic legislation regulating the right to education. The methodological basis is a system of philosophical and ideological approaches, principles, general scientific and special scientific methods that provided an objective analysis of the subject of research. The article substantiates that the state is also interested in ensuring the right to education for everyone, since it is education that creates qualified labor potential, provides training for professional specialists capable of effectively managing public affairs and performing its tasks. In turn, as a rule, an increase in the educational and qualification level of a person is the basis for salary growth, which affects the increase in tax deductions to the state budget, its filling, and therefore leads to economic growth of the state and society as a whole. The effective functioning of the education system in the state contributes to reducing unemployment (pupils, students belong to the category of the employed population), ensuring the vital activity of state institutions, national security, building a social state and establishing stability in society. Special attention in this article is paid to the implementation of scientific analysis of the right to education in the Republic of Kazakhstan in the context of modern international experience. The article makes a number of new theoretical conclusions and proposals, in particular: the signs of the right to education are classified into general (inherent in all categories of human and civil rights) and special (reveal the peculiarity of the right to education in the system of constitutional rights); the concept and content of the principles of the right to education are defined, what are the fundamental principles, ideas that determine its essence and the general direction of development.

Year of release:
Number of the journal:
Heading: Law

The role and place of local self-government in modern society
Annotation:

Main problem: local self-government bodies are an integral mechanism of the foundation of a democratic state. In the modern system of public relations, one of the most important places is occupied by general economic relations, namely local self-government. Without a developed system of local self-government, legislative and real opportunities, it is very difficult to independently create market-democratic structures to solve economic, social, domestic, cultural and other issues at the local level. Local self-government bodies are a special level of government, which combines two principles: public and state. In the practice of Constitutional and administrative law, it is important to determine the place and nature of local self-government and to establish balanced relations between State authorities and self-government bodies, on the one hand, with local representative offices and structures. Purpose: to study the role and place of local self-government in modern society, to develop practical recommendations on the formation and prospects for the development of local authorities in Kazakhstan. Methods: when writing an article, the following methods are used: description, analysis and synthesis, justification, logical modeling, system analysis, etc. When studying the formation of local self-government, as well as the functional management system, the method of structural and analytical analysis was used. The results and their significance: the conclusions and recommendations obtained as a result of the conducted research can be used: in the practical activities of maslikhats and akimats of the Republic of Kazakhstan, civil servants; in the process of studying at courses in higher educational institutions, as well as for further general theoretical and applied research.

Year of release: 2023
Number of the journal: 3(91)

Constitutional Status of the Presidents of the Republic of Kazakhstan and the USA
Annotation:

The article provides a comparative legal analysis of the constitutional statuses of the Presidents of the Republic of Kazakhstan (ROK) and the United States. The study was conducted according to the relevant provisions of the Constitution of the studied countries and according to the criteria: form of placement; form of government; presidential elections and powers; censorship established for presidential candidates, etc. The peculiarities of the legal status of the institution of the presidency of these countries were noted, including the following issues: participation in the formation of the upper house of the Parliament, ministries and other government bodies; interaction with the Parliament and judicial branches of the Government; powers in the field of defense and security; international relations; lawmaking, etc. Purpose: to reveal the content of the legal status of the President of the Republic of Kazakhstan, to reveal the doctrinal, specific, normative legal status of the head of state, to analyze the features of the President of the Republic of Kazakhstan, his normative and actual status. The article evaluates the constitutional and legal status of the President of Kazakhstan in relation to the administrative and legal status, analyzes the status positions of the ‘President’ as the head of the state and the highest official performing the functions of public administration in the context of constitutional foundations. Methodology: the methodological basis of the research as well as the work is based on a set of scientific methods of phenomena cognition: comparative Jurisprudence, the method of dogmatic analysis of legal acts, etc., which made it possible to identify the problems of the constitutional and legal status of the President of the Republic of Kazakhstan, to establish the fact of combining elements of the super-presidential form of the government. The results and their significance: therefore, based on the results of a comparison between the presidential institutions of the United States and Kazakhstan, the right to address the Parliament, the participation of the Senate in the appointment, approval, election of officials proposed by the President, the right of veto, the General Command of the Armed Forces, one person cannot be a president for more than two consecutive terms.

Year of release: 2024
Number of the journal: 1(93)
Heading: Law