There is no doubt that the message of the president of Republic of Kazakhstan will be the stem in analyzing constitutional basis of protecting the rights and freedoms of Kazakhstan people.
It’s not a secret that the Constitution of our republic must accomplish the unsolved problems, otherwise that’ll influence the effectiveness of the rights and freedoms of Kazakhstan people badly. Kazakhstan’s president N.A.Nazarbayev in his message to people accents the growth of protection of rights and freedoms of Kazakhstan people.
Once someone asked Solon, the great legislator of ancient Greece: “what is the best constitution?”, for what he replied: “first tell me please for what people and for what age”. These words of wise man are of great importance nowadays when Republic of Kazakhstan and other states of CIS (Commonwealth of independent states) live in democratic and civilized society.
The Constitution of Republic of Kazakhstan – main political and legal state document, that has a juridical power and it is a main law that has a direct influence in the territory of our republic. Constitution – the highest juridical form of values, institutes, norms of constitutional system, qualitative social relationships and the basis of state and legal regulating of state authority relationships.
It must be emphasized that the Basic Law serves as a political and legal framework for the protection of citizens' rights.
Therefore the Constitution is a basis of protecting the rights and freedoms of Kazakhstan people, and just law that fits the level of legal humanist assumptions, honor human and community development. According to this the Main Law protects the rights and freedoms of citizens - highness that has an impact on the basis of constitution. The fundamental law determines in advance the level and condition of protection of rights and freedom of Kazakhstan people. It depends on the Constitution’s level of democracy and its development. These two ideas determine the basis of protection of citizens’ rights and freedom. The main rights of citizen and human take the main place in the Constitution of Republic of Kazakhstan. No constitution in the world cannot so widely discuss the rights of citizens and human. As the declaration of unity of human rights and other international law and the facts of human rights charter are written completely, the Constitution is important. Here we can see not only respect of the state for the international rules of law, but also responsibility for their observance and performance.
N.A. Nazarbayev said: “Our constitution conforms to the demands of the world’s democratic society. Its fulfillment is widely discussed. The democracy and obeying the law are inseparable.”
The problem of realizing the constitutional rights and freedoms of Kazakhstan people is a part of the general problem of constitutional and general law. Coming into being of the society as a juridical culture depends on the realizing of the rights and freedoms of citizens by themselves. The successful realization of constitutional rights and duties is an indicator of regularity and legal discipline, and of legal culture of Kazakhstan society.
Realization of constitutional rights and freedoms means not only the realization of subjective rights, but also truly understanding the goods that concerns the content of the right. Therefore, the realization of the rights of Kazakhstan people is a democratic process that includes the norms of rights and providing people with material and sacred means and protects them according to the subjective rights. The mechanical process of realization of Kazakhstan people’s constitutional law can be seen in their rights and responsibilities, characters, in basing the social goods and possibilities received in real social relationships. State and social organs, labor organizations and also the organs that protect the people’s rights and freedoms are responsible for realization of the rules.
The Constitution of Republic of Kazakhstan defines volume and character of the status of the law about the rights and freedom of Kazakhstan people [1]. In this connection the state has the right to demand from the citizens the observance of the constitutional law and norms. Obeying the law in Kazakhstan society is a way of realization of the constitutional law and norms. To develop the state legal politics it is important to provide the realization of constitutional law and freedom, and responsibility according to the Main law.
The realization of constitutional law and freedom finds a way in the dispose of legal norms which were made as a result of restriction or need in actions according to the juridical responsibilities! The substantiation of the rules of law of lawful character and performance of the constitutional rights and norms is made with the help of mutual reaction of human reason with the rules of law. The importance of substantiation of the rules of law of lawful character and performance of the constitutional rights and norms depend on the state legal politics and legal culture of citizens - because they are responsible for the character of legal sphere and for the realization of constitutional norms.
In the Constitution of Republic of Kazakhstan citizens have the right to participate in public life of the state, to discuss the state and regional decisions and laws. And also it gives the right to take part in leading the state and social life of republic.
The activity of the people in discussion of the law and state life of Kazakhstan demonstrates the existence of the Kazakhstan democracy. During 10 years Kazakhstan people took part in many discussions about problems of citizen’s rights and freedoms. For example the national discussion and acceptance of the Constitution of Republic of Kazakhstan in 1995, also elections of the Parliament deputies in 2004 and election of the President in 2005.
The activity of the people in making the law depends on the level of legal politics in the state and people’s legal culture. The attributes of Kazakhstan people’s participation in the law depend on knowledge and estimation of the right, on concept of the public attitudes, and on state legal politics and national legal culture. Therefore, legal politics in the state and national legal culture are the important demands of citizen’s participation in protection of law. And it is necessary in every possible way to use the working constitution.
In the state law there are objective norms, which call not to make “political or lawful compulsion”. The legal activity of Kazakhstan people - is a form of social activity and all attributes of the given phenomenon concern to it. The socially active person is a person aspiring to an initiative act, to performance of social norms.
The social activity of people is a job on performance of the constitutional norms. To my mind its advantages are in its social benefit and activity. It is necessary to know that to tighten up the discipline, to develop the mechanisms of realization of the constitutional rights and norms, to raise the personal legal authority are the objective demands of legal activity.
In the Constitution of Republic of Kazakhstan is shown that social-economical, political and private rights and freedom are afforded for Kazakhstan people. It becomes possible to realize the constitutional rights and freedom, to extend their content and to increase their volume that conforms to the level of social-economical and cultural development of the country. Democratic society of Kazakhstan gives the chances to make the legal country and culture, to tighten up the logistical basis of Kazakhstan society, to provide with residence, to use cultural achievements, to open the private business, to give offers to state and social organizations, to complain to the state and private organs, to have a free job and vacation, to keep health, to educate and etc.
The Constitution of Republic of Kazakhstan announced the norms of tightening up the democratic rule of citizens. In the 34 article of Constitution is written: “Each person must observe the Constitution of Republic of Kazakhstan and its rules, and must appreciate the rights and freedom of others. Citizens carry out the constitutional duties in different forms.
State politics and personal culture of Kazakhstan society give opportunities to take part in social-political and legal life of the country. By deeply understanding the rules and norms as the main elements of legal politics of the country Kazakhstan people understand their social-legal positions in the democratic life, and participate in the state and social life, determine the convenient forms of performance the constitutional norms.
Due to this we can say that the developing of constitutional rules means developing its democratic role, national politics, and respect for law, norms, and say that developments are closely connected with forming the legal culture of citizens.
The authority of the Constitution of Kazakhstan serves as a principle of decisive obligations, state bodies, public associations, and influential people.
The constitutionality of the government and influential people is an indication of the state of legal policy, the level of social permanence. The constitution of state organs has to bring up the society to keep and protect the rules and to call Kazakhstan people to appreciate, to believe and to be proud of the Main law. Moreover, the constitutionality must be maintained not only in the work of public authorities and competent employees, but also in the process of their formation.
The incompetence of the authoritative workers and deputies is an enemy of the constitution, legal politics and culture. At us concept "competence" is equated with professionalism, if it leaves for frameworks of general and special readiness. Any electrician or hairdresser cannot begin job without knowing the duties but elections to parliament, to leading the country and the acceptance of the qualitative laws occur without any preparation. Paradox!
And some misunderstandings and underestimating of politicians about the sovereignty and constitutional problems were observed and they negatively influence on development of politics and legal culture and protection of the rights and freedom of the citizens of Kazakhstan.
The irresponsible attitude to the constitution does not correspond with legal politics, culture and state. No government and no authoritative worker undertake to answer for infringement of the rights of the citizens and will not answer. So, can we say that citizen’s constitutional rights have never been violated?
Researchers have shown different violations of the rights and freedoms of the citizens of Kazakhstan, irresponsibility by public authorities. Only in the last 3 years thousands of people complained to the office of public prosecutor about discontent by acts of bodies of the control, threats on the part of law-enforcement bodies.
Nazarbayev several times said that the law-enforcement organs are responsible for protecting human’s rights and In the different meetings president always discusses the problems of reform of the legal protection, improving the work of all the legal and judicial organs, pressure on citizens PDFs, high use of post, corruption.
The most important problems in the realization of juridical rights and freedom of citizens of the last 10 years are numerous breakings of constitutional rules, absence of professionalism in state organs, of judicial authority, weakness of a civil society. In that case the absence of political and juridical opportunities in realizing the norms of Constitution became the main reason of having human rules unsolved.
For example, in 2004 2171 complaints were observed by Kazakhstan law-enforcement institute, and 274 of them were solved. Nowadays the need of participating in the civil and political rights and freedom has developed. Therefore, the renewal and democratization may be possible with the extension of political rights and freedoms. To realize the announced constitutional rights and freedom there must be the number of owners in cities and towns. Protection and exercise of constitutional rights of citizens should be materialized at liberty of every member of society and sustainable economic and social cases [2].
There appears a question: how to pass through the problems of protection of the citizens’ rights and freedom, of developing state legal politics, founding the legal culture and state? To achieve these purposes we have to: first, make the Law highly; second, make it appropriate for the Constitution of Republic of Kazakhstan; third, the number of received citizens’ rules has to have wide content; forth, the principle of dividing power has to proceed to a reality; fifth, the punishments for infringements of each fact of the constitution should be nominated; sixth, it is necessary to nominate punishments in conformity to their accepting post. It is necessary to emphasize, that for the first time in our practice the authority of the people of Kazakhstan is given in the brief form and in accordance with the basic law of the state the people carries out government by republican referendum and free voting, and for realization of government sends the representative to state bodies.
Today’s constitution has announced our people public and bears responsibility for satisfactions of needs in public spheres. At my discretion this item requires addition and deepening, because there should be openly said that political and moral - legal validity is a basis of the social state. The level between action and estimation is defined by the individual or by group. Here estimation corresponds with an estimation based on a natural - historical level, and legal validity in Kazakhstan is objective and historical. The representatives of the legal responsibility are often the progressive forces, their parties or individuals of Kazakhstan. They consider legal policy depends on the material production of Kazakh society and it would be fair if it shows levels between doing and giving, rules and regulations, violation of rights and responsibilities. That politics is considered as fair which can show socialо-material manufactures, level between action and estimation, between the right and obligation. To these attributes the legal politics of Kazakhstan is considered fair, as it was historically proved, and it distributes progressive structure of the public relations of the citizens, directed on the right, and on their public partnership. According to the legal politics in the Constitution of RK the long time job concerns the fulfillment of the politics about protection of the Kazakhstan citizens’ rights and freedom and also the codification of the Law, to make the convenient system of searching the lawful information. There we can proud of having the program of compulsory education according to the Constitution of RK in Pavlodar. This program includes the training at schools of justice, branches of internal businesses, establishment of telephones for an advice in departments, committees and other measures. In our opinion this practice should be used on all sides of republic. It will raise juridical model of the citizens and will help to protect their rights. Our country is still updating a society. The constitution requires economic and political updating of a society. Old legal modes, structures, principles in law- enforcement bodies are still pulling us back. Therefore there is a need of order in realization of legal reform, in organization of a mode of law-enforcement bodies and legal education of the citizens, in other words the order for the decision of a problem of legal culture in realization of legal reform, in organization of a mode of law- enforcement bodies. For this purpose it is necessary to alter protection of the rights both freedom and legal culture in the constitution. It is necessary to alter all Kazakhstan legal mode and to update on the basis of the human, his/her advantages, needs.
The market relations prove that not having a constant and fair mode it’s impossible to create economic and political reforms. Only fair legal system can ensure protection of the rights and freedom of the citizens. In 4 congresses of the judges N.A. Nazarbayev said: «if there is no protection of the rights there is no freedom and democracy".
In this connection it is necessary to note, that the politics of protection of the rights and freedom of the citizens should be acceptable. To define an acceptability of this politics it is necessary to understand its working mechanisms. The right influences reason, feeling, emotion of the man and enables to occurrence of the certain parties. The results of this politics can be seen in industrial and public branches, in the certain actions of the citizens. The efficiency of politics of protection of the rights and freedom of the citizens of Kazakhstan - is an efficiency of influence on the person and influences of the person to the environment. Therefore it is necessary to have a constitutional law. Because that is necessary for not violations of the rights, and its preservations. Summing up it is possible to say that the Main law - the Constitution of Republic of Kazakhstan, is a basis of protection both development of the rights and freedom of the citizens. The constitutional supervision without doubts will affect public practice, and it’ll become the basic mechanism of protection of rights and freedom of the citizens.
- Конституция Республики Казахстан. – Астана, – С.7-15.
- Sozialphilosophische, politische und rechtliche Aspekte der Modernisierung – Berlin, 2012. –S.135-139.