Abstract. The author focuses on the international legal personality of the Republic of Kazakhstan after gaining its state independence because after the collapse of the Soviet Union to the newly independent State was a problem of ensuring internal and external security. The solution of this problem has been recognized as a major strategic priority, and for the Republic it was necessary to define its national interests in modern international legal relations.
The author came to the conclusion that the right of initiative of the Republic of Kazakhstan in ensuring international peace and security, as well as to consolidate the policy of neutrality will be the signing of a special international agreement which should be maintained its respect for international guarantees from the nuclear powers and defined rules of behavior as a neutral state in international relations.
After gaining the independence the Republic of Kazakhstan and the recognition of its authority stemming from its international legal personality, to the newly independent State was a problem of security. The solution to this problem has been recognized as a major strategic priority and the Republic in this respect it was necessary to define its national interests in modern international legal relations. Kazakhstan in this situation had to: be based on the security system, created by the former Soviet Union, which are less responsible political and legal requirements of the time; use the existing international experience or to develop entirely new approaches dictated by the specifics of its geopolitical position. Today, obviously, we can say that itself was chosen a third way with the other two elements. This suggests that Kazakhstan sees itself not only an integral part of a comprehensive system of international security, but also is designed as part of this system, as a sovereign state, to implement a set of political, economic, social and other needs of their own not to the detriment of other states.
The central issue of the problem of the initiative in ensuring peace and security in Kazakhstan is to create an appropriate legal framework. In this sense, the development and adoption of a special legal framework and the participation of the Republic in international agreements and should be adjusted individually or in combination appropriate security, both internal and external aspects of its security. It is possible to observe a certain imbalance in addressing legal safety issues in the two above-mentioned levels. If the first national legislation eliminated successfully, the second, from the point of view of international law require a conceptual review. The main task in the process of eliminating external threats to the national security of is to deal with the next set of problems of military-political: to strengthen collective security systems, operating under the United Nations and the CIS; determining, based on the principle of expediency, the main directions of Kazakhstan’s cooperation with the OSCE and NATO; the development of foreign policy initiative to establish a pan-Asian security (CICA); consolidation in the form of a solid legal guarantees of security from the nuclear powers in the context of the prospects for the functioning of international monitoring mechanisms in the field of disarmament; security in areas of the state border delimitation in the way of their contractual and legal relations with the neighboring countries of the CIS; international legal regulation of the status of Kazakhstan as a neutral state. Thus, the solution to all the above mentioned problems related to peace and security is the primary condition for the preservation of statehood and sustainable development of Kazakhstan [1]. The purpose of this paper is to explore and summarize laws, relevant international instruments and materials, as well as doctrine, to analyze the legal aspects of international initiatives of Kazakhstan in ensuring peace and security and to develop on the basis of recommendations for their improvement. The overall objective is specified, and achieved a number of tasks, the most important of which are:
- The nature and importance of peace and security as an integrated scientific category;
- International determination to ensure peace and security of the Republic of Kazakhstan;
- Participation of Kazakhstan in the organizational-legal forms of collective international
International peace and security is a collection of settled international law measures aimed at the peaceful settlement of international disputes, the establishment of systems of collective security, the prevention of war, the suppression of acts of aggression, arms reduction, narrowing of the material base and spatial scope of warfare, confidence building measures and the establishment of effective international control over the activities of states in the military sphere.
International security system consists of a kind of components that provide a safe and stable development of international relations. It provides:
- Collective measures involve broad international cooperation.
- Preventive diplomacy, whose mission is to prevent emerging threats to peace and the peaceful settlement of international disputes.
International Relations have a set of tools for ensuring international security:
- collective security (universal and regional);
- the means of peaceful settlement of disputes;
- measures to reduce international tension, halt the arms race and disarmament;
- g) measures to prevent acts of aggression, breaches of the peace and threats to peace;
- non-alignment and neutrality;
- confidence-building measures between States and others [2].
Among these means of ensuring international security, a special place is given: Collective security - means a system of joint actions of the world, or a specific geographic area to be taken for the prevention and removal of threats to peace, the suppression of acts of aggression.
The system of collective security legally executed agreement, which, along with the specific obligations of the participants secured three positions:
- not to resort to force and the threat of force;
- to settle disputes by peaceful means;
- cooperate actively in order to eliminate any risk of the world, improving the international situation.
The modern system of peacekeeping began in the mid-twentieth century, the creation of special conditions after the Second World War, the two opposing military-political blocs and the bipolar world. During this period the world order based on the logic of “balance of power” between the superpowers and their allies, and the UN is an additional field of the global military-political and ideological confrontation. Peacekeeping operations were not included in the UN Charter. The functions performed by peacekeepers during the “Cold War”, were limited to the context of relations between the opposing world systems and reduced mainly to prevent the development of regional conflicts that could harm the interests of the superpowers and turn into a direct conflict between them. Peacekeeping was realized then by the classical canons of mediation, requires a mandatory consensus opposing sides on the outer part of the United Nations in the conflict resolution process, the separation of warheads opponents peacekeepers monitoring the implementation of the parties to the conflict conditions of the ceasefire agreement, the use of force by peacekeepers was limited to self-defense [2, p. 4].
Today, after the “Cold War” and the collapse of the bipolar system of international relations theory and practice of peacekeeping undergo significant transformation, which results in an increased interest in the study of this problem. She picked the desire of the international community to find a way out of this situation, which turned out to be the institution for conflict resolution in the new system of international relations where, on the one hand, significantly increased the need for peacekeeping operations, and on the other, - the capacity of the UN in this area has been very and very limited.
The main body of the UN - the Security Council increasingly appears as a negotiation platform on which, due to imbalance of international relations, faces difficulties in finding constructive solutions. All the cooler becomes the attitude of the international community in the UN peacekeeping operations, particularly where they do not promise immediate strategic and fruits are associated with the uncertainty of the prospects of the settlement, costly and irretrievable loss of life [3]. For example, in Sudan (Darfur), the mandate of the United Nations called for the formation of the 26,000th peacekeeping contingent. Attract the same in 2008 was only 9 thousand peacekeepers.
In the context of broad and capacious problem of creating an effective system of peacekeeping, it is necessary to consider the problem of creating an effective system of international security, both at the global and regional level.
From this diverse assembly problems have turned aside and Kazakhstan. “Almost two decades, every day we are creating a new country together. The country which is open and prosperous. The country which is improving the welfare of people of Kazakhstan year after year. The country which is politically stable and ensures the safety of its citizens. The country that will never be a source of external threat. The development strategy of Kazakhstan, which has taken for decades, the experience of its implementation in the real achievements of the country gave us confidence in convincing the correctness of the chosen path” said Nursultan Nazarbayev.
After gaining independence, the Republic of Kazakhstan for the recognition of all the powers to the newly independent State was a problem of national security, including the maintenance of a stable situation in the Central Asian region. The solution to this problem has been recognized as a major strategic priority, and the Republic in this respect it was necessary to define its national interests in modern international legal relations. In such a situation, Kazakhstan had to choose what path to go: to rely on the security system created by the former Soviet Union that are less responsible political and legal demands of the time; use the existing international experience, or to develop entirely new approaches are dictated by the specifics of its geopolitical position [4]. Today, obviously, we can say that was chosen a third way with the other two elements. This suggests that Kazakhstan sees itself not only an integral part of a comprehensive system of international security, but also is designed as part of this system, as a sovereign state, to implement a set of political, economic, social and other needs not to the detriment of other states.
By all accounts, the most appropriate forum for dialogue on security is the OSCE, which presents the Euro-Atlantic and Eurasian parties that are involved in the activities of the Organization in all three dimensions. The initiative of Kazakhstan’s joining the OSCE came from Western countries, whose representatives in the working relationship in the first years of independence of our state strongly promoted the idea. The main motive was the desire for Kazakhstan to solve the most urgent problems of security and cooperation with the CIS countries that have faced since the collapse of the Soviet Union. The entry into the Organization was also driven by a desire to actively participate in European processes, allows to develop and implement the principles of the Helsinki Final Act of 1975 and other OSCE documents. These goals led the strategic objective to achieve the presidency of the OSCE, was announced at the meeting of the Permanent Council of the Organization in early February 2003.On the basis of the OSCE, negotiations can be carried out as well as communicating with other entities. Thus Astana considers it necessary to active involvement in the discussion of the proposed new architecture of security of other security structures (NATO, CSTO, CIS, EU, OSCE PA). One of the important aspects of the problem of national security of Kazakhstan and the maintenance of peace in the region is to create an appropriate legal framework. In this sense, the development and adoption of a special legal framework, and the participation of the Republic in international agreements should be adjusted individually or in combination with appropriate security, both internal and external aspects of its national security. It is possible to observe a certain imbalance in solving the legal problems of national security in the two above-mentioned levels. If the first national legislation successfully, the second from the point of view of international law require a conceptual review. In order to strengthen security in the Central Asian region, Kazakhstan is also expanding constructive cooperation with Russia, China, the United States, the European Union and NATO, and others. The instability of the new system of international relations is determined not veiled academic interest in peacemaking, to develop practical recommendations for policy makers and international organizations to resolve conflicts and bring peace to areas of instability. In the context of a unipolar world and the beginning of the global crisis, the international community is faced with the inadequacy of the system of global governance and the uncertainty of the prospects of its evolution in the context of globalization. The old mechanisms and technologies to maintain peace and security were not quite adequate in terms of tectonic changes affecting the major spheres of life support of humanity [5-6]. With an increasing number of conflicts and civilian casualties in parallel increases and interest of scientists to the problems of peacekeeping and security.
In the context of solving the problem of nuclear disarmament Kazakhstan as a legal successor of the former Soviet Union and as a state with international legal status of a non-nuclear state, should be: to take a legal position on the conclusion of an international treaty prohibiting the use or threat of use of nuclear weapons; participate in international diplomatic efforts to join the so-called “near-threshold” states in the treaty banning nuclear weapons tests, developing and strengthening at the same time their national seismic stations in a global monitoring network; continue to fully support the proposal that guarantees the security of non-nuclear states should have a legally binding international treaty; take the initiative to support the non-proliferation regime with reference to the specific forms or applications inspections by the UN; not passive to take part in the initiative on the establishment of a zone free from nuclear weapons in Central Asia, and actively develop their own position on elimination of the negative factors hindering the establishment of such a zone and ways to resolve them; to join the international treaty banning the deployment of nuclear weapons on the seabed and ocean floor and subsoil thereof.
With regard to other types of weapons of mass destruction, Kazakhstan should develop national legislation to implement provisions of the Convention on the Prohibition of Chemical Weapons; accede to international treaties banning biological weapons, certain conventional weapons, on Early Notification of a Nuclear Accident and the physical protection of nuclear material from the simultaneous formulation of its own position on further measures for their prohibition and strengthen the existing framework of their control mechanisms; Kazakhstan today, together with other neighboring states - participants of the CIS taken confidence-building measures in the area of state borders [7].
The system of these measures require a fair settlement of taking place issues on territorial and border issues, to which the state must come into compliance with its international legal obligations, using all peaceful means of settling disputes and spreading the status and mode of boundaries normative content of the principles of territorial integrity states and the inviolability of borders, geopolitical position of Kazakhstan makes it possible to conclude that, of all forms of neutrality of its national interests corresponds to the “positive neutrality” or a policy of non-alignment, which does not exclude the possibility of participating in the activities of the organizations of collective security and the fulfillment of legal actions in order to ensure their security.
After analyzing all options for legal registration of non-alignment with respect to Kazakhstan, should be considered a good consolidation of such a policy in a special international agreement, which should include international guarantees for the respect of its nuclear powers and defines the standards of conduct of both neutral states in international relations.
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