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  • 1
    Language: English
    In: Journal of advanced research in law and economics, 2017-04-01, Vol.8 (1(23)), p.153
    Description: The objective of the present study is to work out the recommendations and suggestions aimed at further development of legal bases of social protection of families and children considering their international standards as a promising direction of legal science and the most important direction of social policy. The authors subsequently consider the forms of strengthening the international standards of rights of families and children; define the directions of improving fulfillment of the international obligations of Kazakhstan in provision of the social rights; reveal the problems of taking by the Republic of Kazakhstan (RK) of legislative, organizational, financial and economic measures in compliance with the constitutional procedures for the purpose of ensuring accepted social rights of family and children. The basic methods are the methods of description and analysis of the situations caused by social and economic peculiarities of Kazakhstan as well as the modern state of its sphere of social protection. As a result of the conducted research considering the provisions and the level of the international norms and standards the authors represent the conclusions and suggestions for improvement of the legal and organizational infrastructure for ensuring social rights of families and children in the RK.
    Subject(s): Compliance ; Disabled people ; Economic development ; Families & family life ; Human rights ; International agreements ; International law ; Legislation ; Social policy ; Social support ; Standard of living ; Studies
    ISSN: 2068-696X
    E-ISSN: 2068-696X
    Source: Central and Eastern European Online Library
    Source: HeinOnline Law Journal Library
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  • 2
    Language: English
    In: Journal of advanced research in law and economics, 2016-10-01, Vol.7 (5(19)), p.1051-1057
    Description: Formation of social statehood in Kazakhstan requires a lot of work in the form of state control mechanisms aimed at creating conditions for a dignified human life. 25 years of development of Kazakhstan as an independent state did not ensure the formation of social laws that would fully guarantee the realization of the social rights of the individual in accordance with recognized standards. Development of socially organized state in Kazakhstan requires active work of the public sector on the formation of high-quality social protection system. The article examines the state-legal basis of social welfare in the Republic of Kazakhstan, problems of formation of the Republic of Kazakhstan in social legislation and social standards. The aim of the investigation is a comprehensive study of the problems of legal regulation of the state management in the sphere of social protection with the development of concrete proposals to improve the regulatory framework of Kazakhstan in relation to the creation of conditions for the realization of social rights of the individual. The methodological basis of the research is grounded on the principles of knowledge of social and legal phenomena in the area (including ideas, concepts and theories) in their historical development, interconnection and interdependence of the theoretical and applied; general scientific approaches - systematic, integrated, personal and social-activity, historical and legal, comparative legal, social and economic; empirical methods - survey, study and generalization of experience, reviews and reports on the activities of the social services in the Republic of Kazakhstan and its territorial bodies, materials of state statistical observation. As a result of the analysis the problematic issues of governance of social protection system in the Republic of Kazakhstan were examined; state-legal mechanism of regulation of social protection of the population was studied; the problems of formation and development of norms of social rights, taking into account national peculiarities of the Republic of Kazakhstan, were identified; it was studied the mechanism of implementing the principle of assurance of social security; the features of legal regulation of social protection standards. The results can be used in the development of national legislation in the field of social security, in the form of measures to improve governance mechanisms in this area. They may be useful for the public authorities in the implementation of work while providing of social standards.
    Subject(s): Constitutional law ; Economic development ; Guarantees ; Human rights ; Legislation ; Politics ; Problems ; Public administration ; R&D ; Regulation ; Research & development ; Science education ; Social policy ; Social sciences ; Standard of living ; Studies
    ISSN: 2068-696X
    E-ISSN: 2068-696X
    Source: Central and Eastern European Online Library
    Source: HeinOnline Law Journal Library
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  • 3
    Language: English
    In: Comparative law review (Toruń, Poland), 2021-12-22, Vol.27, p.275-296
    Description: The purpose of the study is to develop proposals for the modernization of the judicial form of protection of social and labour rights and interests of the individual. We are testing the hypothesis about the priority and universality of the judicial form of protection of rights in relation to other ways of applying for the restoration of violated labour interests; we assess access to justice as a criterion for the effectiveness of the judicial form of protection. The main method is a desk study of law enforcement practice, reports related to the functioning in Kazakhstan of a judicial form of protection of the social and labour rights of an individual, also the method of analysis of documents and statistical data of courts, a survey of examples of the best foreign practice in the work of specialized courts, and an analysis of international universal standards of access to justice in social and labour disputes.
    ISSN: 0866-9449
    E-ISSN: 2391-7644
    Source: DOAJ Directory of Open Access Journals - Not for CDI Discovery
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  • 4
    Language: English
    In: Journal of advanced research in law and economics, 2017, Vol.VIII (25), p.971-979
    Description: This paper contains an attempt to study international legal framework of refugees’ status and the standards of the national legislation of Kazakhstan devoted to legal regulation of refugees’ position in an integrated manner. As a result of the study we analyzed the main stages of refugees’ problem genesis in legal aspect; comparing different approaches and points of view we revealed the data about definition of the ‘refugee’ concept and developed a new definition based on their analysis; here we also represented the analysis of the both basic and supplementary international legal sources in the sphere of protection of refugees’ rights; we conducted international legal analysis of activities of the international universal and regional bodies and organizations protecting refugees’ rights; we also revealed the main directions of the policy and the situation in Kazakhstan regarding refugees; we worked out a series of recommendations on improvement of the national legislation of Kazakhstan in the sphere of protection of refugees’ rights.It is stated that legal confirmation of the refugees’ status is usually of declarative nature, which is in its turn a direct consequence of lack of a proper attention to the mechanisms for implementation of refugees’ rights protection. It is also stated that efficiency of international legal regulation depends on the opportunities and ways of implementation of the international law standards in the national legal field. Thus, an elaborated well-adjusted mechanism for ensuring legal status of refugees should be efficiently applied towards them, their legal rights and freedoms should be observed and the measures for improvement of their position should be timely taken.
    Subject(s): Law, Constitution, Jurisprudence
    ISSN: 2068-696X
    E-ISSN: 2068-696X
    Source: Central and Eastern European Online Library
    Source: HeinOnline Law Journal Library
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  • 5
    Language: English
    In: Journal of advanced research in law and economics, 2017, Vol.VIII (25), p.722-729
    Description: The paper deals with legal basis for ensuring freedom of access to information on the operation of state administration bodies in Kazakhstan. The notion, essence and content of citizen’s constitutional right to information are analyzed. The issues of enforcement of the citizen’s right to freely obtain information on the operation of state administration bodies, the forms and method of enforcement are covered in detail.The paper provides a scientific basis for the need for defining criteria to differentiate the legal component, content, and conceptual framework used in the field of affording legal access to information; the author’s interpretation of individual terms is proposed. An analysis of legal ideas, principles, regulations, as well as provisions of the applicable legislation of Kazakhstan, which regulate public relations, ensuring freedom of access to information on the operation of state administration bodies, is carried out. The content and internal structure of the citizens’ legal claims for free access to information is revealed. The introduction of the findings and recommendations will allow increasing the democratization level of the state management and Kazakhstan society as a whole, as well as increasing efficiency of operation of many state bodies and non-governmental organizations involved in the area of citizens’ legal access to information on the operation of state bodies, will increase the quality of statutes in force.
    Subject(s): Law, Constitution, Jurisprudence
    ISSN: 2068-696X
    E-ISSN: 2068-696X
    Source: Central and Eastern European Online Library
    Source: HeinOnline Law Journal Library
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  • 6
    Language: English
    In: Journal of advanced research in law and economics, 2017, Vol.VIII (30), p.2498-2503
    Description: The main idea of the study is to substantiate legislative proposals, recommendations on the introduction in Kazakhstan of the standards of social protection systems of OECD member countries. As a result of the research, conclusions were drawn up aimed at improving the norms of the current legislation and law enforcement practice, and on modernizing measures to implement social policy in the context of the process of the progressive development of Kazakhstan as a social state. The purpose of the article is to develop recommendations, proposals focused on the further development of the legal framework of the social sphere in Kazakhstan as a perspective orientation of legal science and as the most important mechanism for implementing a number of constitutional human and citizen rights. The purpose of the study is limited to four main areas, namely the analysis of social protection systems of OECD countries in the event of the following social risks: disability, poverty, retirement age, and social security guarantees for the family and the child. The applied objective of the work is related to the justification and elaboration of a set of proposals to improve the current social legislation, proposals to increase the effectiveness of state social policy, to introduce the standards of OECD countries in the field of social protection into Kazakhstan's domestic law. Targeted users of the research results are the interested state bodies, the scientific community, students, undergraduates, doctoral students, a wide range of persons interested in the problems of legal provision of state social policy, social human rights.
    Subject(s): EU-Legislation
    ISSN: 2068-696X
    E-ISSN: 2068-696X
    Source: Central and Eastern European Online Library
    Source: HeinOnline Law Journal Library
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  • 7
    Language: English
    In: Journal of advanced research in law and economics, 2017, Vol.VIII (23), p.153-163
    Description: The objective of the present study is to work out the recommendations and suggestions aimed at further development of legal bases of social protection of families and children considering their international standards as a promising direction of legal science and the most important direction of social policy. The authors subsequently consider the forms of strengthening the international standards of rights of families and children; define the directions of improving fulfillment of the international obligations of Kazakhstan in provision of the social rights; reveal the problems of taking by the Republic of Kazakhstan (RK) of legislative, organizational, financial and economic measures in compliance with the constitutional procedures for the purpose of ensuring accepted social rights of family and children. The basic methods are the methods of description and analysis of the situations caused by social and economic peculiarities of Kazakhstan as well as the modern state of its sphere of social protection. As a result of the conducted research considering the provisions and the level of the international norms and standards the authors represent the conclusions and suggestions for improvement of the legal and organizational infrastructure for ensuring social rights of families and children in the RK.
    Subject(s): Civil Law ; Human Rights and Humanitarian Law ; Law, Constitution, Jurisprudence
    ISSN: 2068-696X
    E-ISSN: 2068-696X
    Source: Central and Eastern European Online Library
    Source: HeinOnline Law Journal Library
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  • 8
    Language: English
    In: Journal of advanced research in law and economics, 2017, Vol.VIII (29), p.2292-2297
    Description: The leading concept of the research is to prepare, implement scientific and practical recommendations, proposals aimed at improving the quality of legal regulation of wage employment in Kazakhstan. The study has two interrelated end goals: the development of a scientific and legal basis for Kazakhstan's accession to the Organization for Economic Cooperation and Development (OECD, Organization) and the unification of the national Labour legislation with universally recognized standardsfor the implementation of Labour relations in OECD countries. The aim is to theoretically substantiate the concept and content of the legal framework for ensuring human rights in the OECD countries; to generalize and develop ideas for solving the issues of improving the quality of legal regulation of the social and Labour sphere in Kazakhstan; to investigate problems and suggest ways of transforming the standards of wage Labour recognized in OECD countries into the Kazakhstani system of law. As a result of the research, conclusions and proposals are formulated aimed at improving and modernizing the norms of the Labour legislation of the Republic of Kazakhstan in the context of the development of all spheres of public administration and regulation in accordance with OECD recommendations and standards.
    Subject(s): Law, Constitution, Jurisprudence
    ISSN: 2068-696X
    E-ISSN: 2068-696X
    Source: Central and Eastern European Online Library
    Source: HeinOnline Law Journal Library
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  • 9
    Language: English
    In: Journal of advanced research in law and economics, 2016, Vol.VII (19), p.1051-1057
    Description: Formation of social statehood in Kazakhstan requires a lot of work in the form of state control mechanisms aimed at creating conditions for a dignified human life. 25 years of development of Kazakhstan as an independent state did not ensure the formation of social laws that would fully guarantee the realization of the social rights of the individual in accordance with recognized standards. Development of socially organized state in Kazakhstan requires active work of the public sector on the formation of high-quality social protection system. The article examines the state-legal basis of social welfare in the Republic of Kazakhstan, problems of formation of the Republic of Kazakhstan in social legislation and social standards.The aim of the investigation is a comprehensive study of the problems of legal regulation of the state management in the sphere of social protection with the development of concrete proposals to improve the regulatory framework of Kazakhstan in relation to the creation of conditions for the realization of social rights of the individual. The methodological basis of the research is grounded on the principles of knowledge of social and legal phenomena in the area (including ideas, concepts and theories) in their historical development, interconnection and interdependence of the theoretical and applied; general scientific approaches – systematic,integrated, personal and social-activity, historical and legal, comparative legal, social and economic; empirical methods – survey, study and generalization of experience, reviews and reports on the activities of the social services in the Republic of Kazakhstan and its territorial bodies, materials of state statistical observation. As a result of the analysis the problematic issues of governance of social protection system in the Republic of Kazakhstan were examined; state-legal mechanism of regulation of social protection of the population was studied; the problems of formation and development of norms of social rights, taking into account national peculiarities of the Republic of Kazakhstan, were identified; it was studied the mechanism of implementing the principle of assurance of social security; the features of legal regulation of social protection standards. The result scan be used in the development of national legislation in the field of social security, in the form of measures to improve governance mechanisms in this area. They may be useful for the public authorities in the implementation of work while providing of social standards.
    Subject(s): Economy
    ISSN: 2068-696X
    E-ISSN: 2068-696X
    Source: Central and Eastern European Online Library
    Source: HeinOnline Law Journal Library
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  • 10
    Language: English
    In: Journal of advanced research in law and economics, 2016, Vol.VII (18), p.835-841
    Description: The relevance of this research is stipulated by theoretical and practical problems of international law on protecting refugees and exercising refugees’ rights in the countries of Central Asia. This problem has always attracted a lot of attention from the side of international organizations. Taking into account that in many countries human rights is one of the central issue in politics, refugees' rights and legislation on the national level in this sphere should be studied in further researches. All Central Asian countries, except Uzbekistan, joined the 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees, entering into an undertaking to protect those who needs protection. Later, the countries developed the laws on the national level, committing itself to define the status of refugees. The authors analyze the issues of legal regulation of the institute of asylum in Central Asia form the point of view of human rights; characteristics of politics and practices for granting of the refugee status in Central Asia are discussed; the author offers the way to optimize the process of solving theoretical and practical problems in exercising refugees' rights; recommendations to improve legislation in Central Asian countries relating to refugees' rights are suggested.
    Subject(s): Human Rights and Humanitarian Law ; International Law ; Law, Constitution, Jurisprudence ; Social Sciences
    ISSN: 2068-696X
    E-ISSN: 2068-696X
    Source: Central and Eastern European Online Library
    Source: HeinOnline Law Journal Library
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