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Law


Counterterrorism: International Cooperation and Domestic Legislation
Annotation: The main problem addressed in the article is the limited effectiveness of human rights protection mechanisms in Kazakhstan, despite the presence of constitutional guarantees of citizens' rights and freedoms. The Constitution of the Republic of Kazakhstan provides citizens with broad rights, but there is a significant gap between legal guarantees and their actual implementation in practice. The main issues include the insufficient independence of the judiciary, restrictions on freedom of expression, limited access to justice and legal aid for citizens, as well as difficulties faced by human rights organizations. These issues hinder the full realization of citizens' rights and freedoms, creating significant barriers to the functioning of the rule of law. The goal of the article is to analyze the human rights protection mechanisms enshrined in the Constitution of the Republic of Kazakhstan and assess their impact on the protection of citizens' rights. The article aims to identify the main problems faced by citizens when protecting their rights and suggest possible solutions to improve the human rights situation in the country. To achieve the research goal, legal analysis of normative acts was used, including the Constitution of the Republic of Kazakhstan and other legislative acts regulating citizens' rights and freedoms. Judicial acts, reports of human rights organizations, and statistics related to citizens' appeals to state authorities and human rights structures were also used. The research methodology included comparative analysis and case studies, which allowed a deeper examination of the real problems in the implementation of human rights in Kazakhstan and the proposal of well-grounded solutions to address these issues. The research results showed that, despite the presence of constitutional guarantees of rights and freedoms, the real situation with human rights protection mechanisms in Kazakhstan remains problematic. The main problems include the insufficient independence of the judiciary, restrictions on freedom of expression, difficulties in accessing justice and legal aid, as well as administrative barriers for human rights organizations. These factors limit the effective realization of citizens' rights and undermine trust in the judiciary and state authorities. The task of reforming the judicial system, improving the accessibility of legal aid, and creating conditions for the free operation of human rights organizations is of critical importance for enhancing human rights protection, strengthening democracy, and the rule of law, as well as for creating a fairer and more effective human rights protection system in Kazakhstan.
Year of release: 2025
Number of the journal: 1(97)
Heading: Law

Human rights mechanisms in Kazakhstan: constitutional guarantees and their impact on citizens' rights
Annotation: The main problem addressed in the article is the limited effectiveness of human rights protection mechanisms in Kazakhstan, despite the presence of constitutional guarantees of citizens' rights and freedoms. The Constitution of the Republic of Kazakhstan provides citizens with broad rights, but there is a significant gap between legal guarantees and their actual implementation in practice. The main issues include the insufficient independence of the judiciary, restrictions on freedom of expression, limited access to justice and legal aid for citizens, as well as difficulties faced by human rights organizations. These issues hinder the full realization of citizens' rights and freedoms, creating significant barriers to the functioning of the rule of law. The goal of the article is to analyze the human rights protection mechanisms enshrined in the Constitution of the Republic of Kazakhstan and assess their impact on the protection of citizens' rights. The article aims to identify the main problems faced by citizens when protecting their rights and suggest possible solutions to improve the human rights situation in the country. To achieve the research goal, legal analysis of normative acts was used, including the Constitution of the Republic of Kazakhstan and other legislative acts regulating citizens' rights and freedoms. Judicial acts, reports of human rights organizations, and statistics related to citizens' appeals to state authorities and human rights structures were also used. The research methodology included comparative analysis and case studies, which allowed a deeper examination of the real problems in the implementation of human rights in Kazakhstan and the proposal of well-grounded solutions to address these issues. The research results showed that, despite the presence of constitutional guarantees of rights and freedoms, the real situation with human rights protection mechanisms in Kazakhstan remains problematic. The main problems include the insufficient independence of the judiciary, restrictions on freedom of expression, difficulties in accessing justice and legal aid, as well as administrative barriers for human rights organizations. These factors limit the effective realization of citizens' rights and undermine trust in the judiciary and state authorities. The task of reforming the judicial system, improving the accessibility of legal aid, and creating conditions for the free operation of human rights organizations is of critical importance for enhancing human rights protection, strengthening democracy, and the rule of law, as well as for creating a fairer and more effective human rights protection system in Kazakhstan.
Year of release: 2025
Number of the journal: 1(97)
Heading: Law

Current Issues of Employment and Labor Rights Protection in a Market Economy: Experience of Kazakhstan and Russia
Annotation: The main issue faced by the labor market of the Republic of Kazakhstan is the mismatch between the quality and professional-qualification structure of the workforce and the needs of employers. This leads to a shortage of skilled workers despite the insufficient demand for labor, as well as low labor mobility. In the context of economic transformations and changing employer requirements, it is necessary to effectively regulate labor relations and create conditions for improving workers' legal protection in order to overcome this imbalance and establish an effective system of labor rights protection. The objective of the study is to conduct a comprehensive analysis of the factors affecting the functioning of the labor market in Kazakhstan and to identify effective regulatory mechanisms for protecting workers' labor rights. It is also important to study the impact of socio-economic programs aimed at improving the quality of life of the population, maintaining employment, and increasing income on the labor market. To achieve the research objectives, methods such as theoretical analysis of scientific sources and legal acts regulating labor relations in Kazakhstan, empirical study of statistical data and practical cases, comparative analysis of Kazakhstan's labor legislation with international practices, and modeling the impact of socio-economic programs on the labor market and legal protection of workers were used. These methods enabled a comprehensive examination of labor market issues and the identification of effective ways to improve legal regulation and labor rights protection. The study results revealed the need to enhance the interaction between government, private, and educational institutions to improve labor market functioning and workers' legal protection. In particular, it is important to strengthen the system of professional training and retraining of personnel that meet market demands. Additionally, it is necessary to develop labor mobility by improving conditions for retraining and upskilling workers. Special attention is given to the development and improvement of domestic mechanisms for protecting labor rights, including improving legal regulation to increase workers' legal protection from violations such as unlawful dismissal or lack of proper working conditions. The significance of these results lies in their contribution to solving issues related to the mismatch between employers' needs and the qualifications of the workforce, improving employment levels, and enhancing social stability. This also contributes to the better social protection of workers and more equitable income distribution, which directly impacts Kazakhstan's economic stability and development.
Author: M.A. Badanina
Year of release: 2025
Number of the journal: 1(97)
Heading: Law

Interaction of Control and Supervisory Authorities and Public Oversight in Ensuring Legality in the Migration Sphere
Annotation: The current system of state control in the migration sphere is insufficiently effective. The absence of a clearly defined system for delineating powers among bodies involved in regulating migration processes, fragmentation of control mechanisms, as well as a weak legislative and regulatory framework significantly reduce the effectiveness of supervision in this area. Alongside this, the interaction between officials of control bodies and public oversight institutions remains fragmented and unregulated, hindering the formation of a fair and transparent migration policy. The purpose of this article is to analyze the activities of officials of control and supervisory bodies in the migration sphere and to identify ways to improve the effectiveness of their interaction with public oversight institutions. Special attention is given to the problem of legal regulation of the powers of these subjects and the development of recommendations for improving coordination and transparency in the migration sphere. This study applies systemic, regulatory-legal, comparative-legal, and institutional methods. Current regulatory acts, the structure of interaction between state and public institutions, as well as examples of law enforcement practice are analyzed. The research revealed key problems: unclear competencies among bodies exercising migration control; lack of sustainable interaction between state and public structures; and a weak regulatory framework governing such coordination. Proposed reforms include clarifying and legally consolidating the powers of migration control participants, creating mechanisms for institutional cooperation with public organizations, and expanding the involvement of civil society in monitoring migration processes. The significance of the results lies in the formulation of proposals aimed at creating a more transparent and fair migration policy. Improving the effectiveness of interaction between state and public institutions will not only strengthen control over migration flows but also ensure the protection of the rights of both citizens and migrants, thereby reinforcing the rule of law and trust in state bodies.
Author: M.A. Badanina
Year of release: 2025
Number of the journal: 2(98)
Heading: Law

Self-Employed Citizens in Civil Law: Features of the Legal Status
Annotation: Despite the legislative recognition of self-employed citizens, their legal status in civil law remains ambiguous. The absence of clear legal norms and insufficient regulation of the specifics of their activities create difficulties in establishing rights and obligations, protecting interests, as well as in issues related to taxation and civil liability. To identify the features of the legal status of self-employed citizens in civil law, determine problematic aspects, and propose recommendations for improving legislative regulation. The study employs comparative, historical-legal, systemic, and normative-legal approaches to analyze legislation, its development, and application in judicial practice, as well as to identify the features of the legal status of self-employed citizens in civil law. The analysis of the legal status of self-employed citizens in civil law revealed key problems: insufficient regulation of civil-law relations involving the self-employed, uncertainty in contract execution and protection of their rights, and the absence of unified law enforcement practice. Furthermore, there is insufficient legal awareness among self-employed citizens and their counterparties, leading to frequent disputes and legal uncertainty. Resolving these issues requires a comprehensive approach, including improving the normative framework, developing standard contracts and recommendations for interaction with the selfemployed, as well as raising the level of legal education among participants in civil-law relations. The significance of these results lies in their potential to enhance the legal protection of selfemployed citizens, improve the quality of civil-law transactions, and reduce the number of conflicts and court disputes. This, in turn, promotes the development of individual entrepreneurial activity, strengthens trust among market participants, and increases the effectiveness of legal regulation in the field of self-employment.
Author: P.O. Filatova
Year of release: 2025
Number of the journal: 2(98)
Heading: Law