Approved
by the Decree of the President
of the
Republic of Kazakhstan,
dated 24
August 2009,
No. 858
The
Conceptual Framework of Legal Policy of the Republic of Kazakhstan
for the
period 2010-2020
1. Introduction
The Conceptual
Framework of the Legal Policy of the Republic of
Kazakhstan which was adopted in the year 2002 determined the main directions of
the development of legal system of the country for the period up to the year
2010. During the last few years a number of very important Acts have been passed
which are now promoting the growth of State and social institutions and are
helping in sustainable socio-economic advancement of Kazakhstan.
Realization of this conceptual framework has led to significant improvement in
the main branches of national law (constitutional, administrative, civil,
banking, taxation, financial, customs, environmental, criminal,
criminal-procedural, and correctional (criminal-executive) laws).
The new
Codes that have been adopted are: in the year 2003 - Forest Code, Land Code,
Customs Code, and Water Code; in the year 2007 - Labour Code, Environment Code;
in the year – 2008 - and Budget Code and Tax Code.
The
Government has taken measures that have taken the process of legislation to a
qualitatively new level. These measures include: perspective planning of the
work involving drafting of Bills;
involvement of legal, anticorruption, criminological and other expertise
for preparing the drafts of future enactments; full financial support for the
Acts that have been adopted.
However,
due to fundamental changes taking place in the world economy and politics, the
processes of globalization, as also the internal dynamics of country’s
development it is not possible to settle down at what we have already achieved.
With the aim of adapting our national law to the new challenges of present times
it is necessary to improve further the legislative and law-enforcement process.
The first
decade of the 21st century heralds a new stage of Constitution
building in Kazakhstan. On 21st May
2007 the «Act on carrying out modifications and additions in the Constitution of
the Republic Kazakhstan» was passed. It paved the way for innovations which were
fundamentally important for the country. While doing so the basic parameters of
the Kazakhstan model of State system were maintained which have stood the test
of time.
While
carrying out Constitutional reforms within the limits of this model the system
of relations of different organs of power was modernized leading to increased
role and influence of the Houses of Parliament which now bear more
responsibility for the state of affairs in the country.
Thanks to the
all-around development of institutions of civil society, harmonization of
relations between the Government and the society, the constitutional
prohibitions and restrictions have been removed for promoting more active
interaction between the Government and public institutions, the system of local
self-government has been modernized, and now it is in total consonance with the
internal conditions and requirements of our country.
At the constitutional
level a new stage of judicial-legal reforms for strengthening the independence
of courts in pronouncing judgments has set in. The scope of capital punishment
has been curtailed, and now it is limited exclusively to terrorist crimes
involving loss of human life, and some grave crimes committed during wartime.
This implies almost total abolition of capital punishment so far as Kazakhstan
is concerned. The system of judicial custody has been introduced, and the
Constitutional prohibition of conducting investigation by the Office of Public
Prosecutor and the court has been removed.
These reforms are
directed towards further democratization of the institutions of the Government
and the society. All the above-mentioned systemic which are Constitutionally
recognized decisions are bound to be reflected in the current legislation of the
Republic of Kazakhstan.
In order to make the
legislation activity more effective it is necessary to go ahead with the
systematization of the current
legislation, further consolidation across various branches of legislation; its
emancipation from outdated and duplicate norms, filling up of gaps in legal
regulations, removal of internal contradictions in the existing laws;
minimization of referral norms in the Acts, and increased adoption of directly
applicable laws on such matters where the Constitution allows
passing of the relevant Acts.
It is necessary to
give special attention to prognostic-analytical side of law-making activity
which has to be based on constant monitoring of tendencies of the development of
branches of the law and legal systems, as also on the analysis of practice of
the application of standard legal Acts.
In this way it will be
possible to create a system that would be modern in its content and methods of
regulation vividly reflecting all the stages of legislation and law-enforcement
activity with regard to each Act - its preparation, adoption, application,
carrying out amendments and additions, recognition of annulment of certain Act
or preparation of a new Act.
By means
of such procedures and mechanisms the legislative activity of the State organs
becomes optimized and systematized. In this matter while monitoring the laws a
wide application of sociological methods may be helpful in taking into account
public opinion maximally during implementation of the legal policy.
Evaluation
of standard legal Acts will done as per international standards which will
ensure that the interests of the citizens, society and the State are being taken
into consideration more comprehensively, and at the same time efficacy,
profitability and rationality of laws will also be ensured.
It is important to
have statutory support for all kinds of legal expertise with regard to the
drafts of Bills by determining their criteria, purpose, as also the stages
through which they have to pass. It is
through this kind of approach towards the expertise that a real consideration of
financial-economic and socio-political consequences of the adoption of normative
legal Acts can be ensured during the law-making process.
There is also a need
to consult legal experts while preparing the drafts of international agreements
of the Republic of Kazakhstan.
Thus, by evolving a
system of legal expertise it will be possible to solve the problem of
preparation of drafts of Bills according to the present needs and also in
accordance with the perspective development of the society and the State.
Presently 17 branches
of legislation have been identified which require legal Codes for their
regulation.
However, codification
is not the only instrument for systematization of legislation. It is necessary
to use other instruments also, such as: consolidation which means unification of
the norms of law to regulate certain relations within one single Act.
In this connection it
might prove to be useful to introduce and give proper legal shape to the concept
of “consolidated" or "comprehensive" law which will be regulating complex type
of legal relations.
As for the
codification, this highest form of systematization of law has to be used in a
balanced and a very limited manner, and mainly in those branches of law which
have already taken shape, in those spheres of homogeneous social relations where
regulation by law may not be fully effective without such codification.
Adoption of any code
has to be preceded by huge legislative and law-enforcement practices, thorough
monitoring of such practices, their analysis and evaluation on a systemic basis.
The branch of law that has to be codified must become “mature enough” for such
codification.
Every society has got
a complex system of socially significant interests. Such interests are through
mechanisms of official and informal lobbying within the legislative process. As
such, the phenomenon of lobbying needs to be given a legal shape, and,
accordingly, it should regulate the relations connected with the preparation,
discussion and passing of Bills by the Parliament.
It is necessary that
legislative activity should involve widely and on regular basis public
representatives, representatives of the non-governmental organizations (NGOs)
and associations representing interests of private sector.
It is necessary to
constantly improve and raise the level of technical side of law because the
quality of normative legal Acts and on the whole the level of work culture while
dealing with documents in the Government machinery is dependent upon this
technical side.
Perfection of the
mechanisms of legal regulation is, to a great extent, connected with wide use of
information technology in the law-making and law-enforcement process.
In this connection in
order to set up the basic components of the infrastructure
of "e-government”, to prepare and use effectively a databank of standard legal
Acts it would be desirable to have a Reference Bank of Standard Legal Acts in
digital format as an optimum measure. Simultaneously, it also necessary that to
include in the legislation provision for electronic version of the standard
legal Acts which will be a serious step in the direction of digitization of
national laws.
Some more steps are
required to be taken to improve the existing practice of legislation.
The contents and
quality of the laws which are suited to the transformations taking in the
country, can be ensured through effective functioning of institutions of the
Government, and through constructive and dynamic interaction of the Legislature
and the Executive.
Thus, what we need is
a uniform legal policy based on modern tendencies of the growth of society, on
the accumulated experience and scientifically based fundamental ideas about the
short-term and long-term perspectives of the Kazakhstan State and the society.
2. The main directions of the evolution of national law
It is necessary to
implement further the legal ideas and principles enshrined in the Constitution
which should get reflected in the legislative, organizational and other types of
measures being taken by the Government.
The Governmental and
the social service institutions should concentrate their efforts on realizing
the creative potential of the Fundamental Law of the country which exists in the
Constitution throughout.
Improvement of
legislation and law-enforcement activity has to necessarily follow the principle
of supremacy of the Constitution, and the Acts of lower level ought to conform
to the norms of the Acts of higher level.
There is a need of
such systemic measures which would ensure rule of law in the country and
stability of the legal system, as also gradual development of the national law
as per the existing Constitution. A comprehensive approach to the legal policy
will help in modernizing the entire legal base in the context of the overall
strategy of development of the country, including the formation of a
qualitatively new model of the governance based on the principles of
performance, transparency and accountability, which will ensure protection of
rights and freedom of citizens, interests of the society and the State.
2.1. The constitutional
law is the foundation of the national legal system. Its gradual development
is based on the principles and norms of the existing Constitution of Kazakhstan
which was adopted as a result of the constitutional reform of the year 2007.
The ideas and
principles as laid down in the Fundamental Law of the country, determine the
basic directions and mechanisms of the development of national legal system,
including the Constitutional law, in a long-term perspective. In other words,
the most important task is to fully realize the principles and norms of the
Constitution, and in the first place, in activities of the Government bodies and
the functionaries of the Government, thus ensuring direct application of the
Constitution, as also realization of its
potential through the current legislation and enforcement of law.
Observance and
realization of fundamental principles concerning the activities of the Republic,
as laid down in our Constitution (these are: social harmony and political
stability, economic development for the welfare of all the peoples, patriotism,
and deciding the most important questions of the State life in a democratic
manner), will ensure steady socio-economic and politico-legal growth of the
country.
The fundamental basis
of the constitutional set-up of the Republic of Kazakhstan, sovereignty and
unitary character of the State will be strengthened by making the constitutional
legislation and practice of its application more perfect.
The prospects of the
development of constitutional law are connected with making the existing
constitutional laws more perfect which are the determining factor of the state
structure, the unity of the State authority, they influence the mechanisms of
functioning of its various branches and their interaction with each other under
the strategic guidance, control and arbitration by the President of the Republic
of Kazakhstan who has been elected by the public.
One of the important
mechanism of ensuring constitutional rule, exact interpretation of the
principles and norms of the Constitution, formation of the guidelines of the
national law and law-enforcement practice is to make the functioning of the
Constitution Council more effective and to apply fully its normative provisions
in the legal functioning of the State.
In order to further
establish the rule of law in the country it is necessary, on the one hand, to
achieve realization of the guarantee of Constitutional rights to the maximum
possible extent, and, on the other hand, unconditional and full implementation
of constitutional duties by all the Government bodies, by the officials,
citizens and organizations.
For ensuring human
rights and freedoms in accordance with our Constitution it is necessary to
create such conditions that would guarantee equality of rights and freedoms
irrespective of birth, social, official or property status, sex, race,
nationality, language, religion, beliefs, place of residence or other any
criteria.
In the given context
the role of legal mechanisms in the preservation and strengthening of the
inter-ethnic harmony, maintenance of unity of the multinational peoples of
Kazakhstan is going to increase.
Kazakhstan is a
secular state characterized by religious peace and harmony where the rights of
believers and non-believers are equally respected and observed.
The State does not interfere in religious
activities, on the other hand, it has to interact with all the religions and
faiths and has to protect the rights of citizens with regard to freedom of
religion for which there should be an in-built effective state policy.
There is need of
further perfection, observance and uniform application of the legislation on
freedom of worship with regard to regulating the missionary activity,
distribution of religious products, and registration of religious organizations.
In modern conditions
the factor of gender equality in the state and public life is going to play an
increased role so that equal rights and equal opportunities for women and men
are ensured.
Consistent and
sustainable development of Kazakhstan as a dynamic and modern state with the
high standards of the quality of life is possible only by activating the human
potential, growth of enterprising spirit of citizens, strengthening of
institutions of civil society.
In this connection it
is necessary to create such legal instruments that may provide additional
encouragement for the growth of institutions of civil society and opportunities
for realization of citizens’ initiatives.
The status of
non-governmental organizations (NGOs) also needs to be defined more clearly, and
the mechanisms of their legal regulation should take into consideration their
special character. The social organizations may also be provided support by the
Government.
Questions relating to
dissemination of information also require legal regulation. On the whole, this
activity and the mechanism of its legal regulation should be such that there is
guarantee of freedom of speech, freedom of receiving and dissemination of
information by any means unless prohibited by law and, at the same time,
constitutional rights of inviolability of private life, personal and family
confidentiality, confidentiality of correspondence, telephonic conversations and
other communications should be observed, along with the observance of legal
requirements pertaining to State secrets.
Growth of citizens’
initiatives is closely connected with the questions of local self-governance.
This institution which stands somewhere between the Government and the civil
society also needs to be strengthened. In particular, considering the experience
gained in this area it may be necessary to distinguish, on the one hand, the
functions of the Government and the local self-government, and, on the other
hand, the organs of local self-government should be widely involved in the
realization of those functions of the State which have local significance.
In this respect, in
order to develop an effective system of public administration
and self-governance
further distinction should be made with regard to the activities, functions and
responsibilities at different levels of the Government.
2.2.
Development of
governance in Kazakhstan is closely related with the legal aspect of
administrative reforms which aims to create an effective and compact system of
government machinery, to induct new technology in administration, and to improve
the administrative procedures. All this pertains to regulating the
administrative law or public administration and its main task is to ensuring
effective functioning of Government machinery at all its levels. In this
connection in the sphere of public administration the respective regulations
should:
make a rational and
clear-cut distinction of the powers and functions of various organs of power;
avoid, in view of
market economy, unnecessary regulation by the Government, including various
types of control and inspection;
regulate conditions
and the manner of implementation of their respective functions by the Executive;
ensure and encoutrage
interaction between the Government and the citizens and social organizations.
At the same time,
under the present conditions when the role of Government in the regulation of
economy is increasing it has become necessary to talk about widening the
possibilities of Administrative Law and extending its regulating potential to
new social relations.
The administrative
law, as far as possible, has to take a different course rather than following
the traditional approach in relations between the Governmnet, the citizens and
non-governmental organizations which was earlier based on one-sided principle of
authority. Even though it is not possible to totally reject the principle of
“authority and subordination”, there is enough scope to expand the application
of the principles of collaborative partnership, functional-client relations, and
purely protective type of principles.
In this connection it
is necessary to continue the work on simplification of procedures of
registration, permit and license, avoidance of unnecessary interference of
Government in the activities of commercial and non-commercial organizations.
It is necessary to
improve the system of citizens approaching the Government bodies and officials
as a form of their participation in the work of the Government and as a method
of protecting their rights and freedoms. At the same it is also required that
the range of services being provided by the Government should be expanded
through e-governance.
At the same time it is
also necessary to regulate the relations with regard to the citizens approaching
the non-governmental organizations on matters concerning protection of their
rights and lawful interests. Such regulations should mention a time-frame of
examination, fixing of responsibility of the organizations and their staff for
examining the applications of the users of their services.
In this way, the
modern administrative law covers not only the relations between the State and
the Government. The administrative law also takes into its orbit the relations
of Governmental institutions with the citizens and organizations while providing
public services, i.e. government services. In this matter the legal nature of
Government services differs from the usual functions of the Government, as it
was noted in the corresponding decision of the Constitution Council.
In this way a new
institution of administrative law is emerging for regulating the system of
providing services of the Government to the citizens and social organizations. A
proper legal basis is required for ensuring the functioning of such an
institution.
For full-fledged
introduction of standards of providing Government services there is need to have
adequate administrative-legal regulations. It is also necessary to widen the
scope of Government services, to introduce of effective external control in
their execution using the latest technology.
Development of the
administrative law needs to be looked upon not only as the traditional vertical
relations between the authority and the subordinate but also through the prism
of social interests which often have dissimilar directions.
The administrative law
is helpful in implementation of the rights of the citizens and organizations as
guaranteed by the State in so far as ensuring and protecting these rights is in
the public interest of the Government.
In this matter the
subjects of the administrative law (various organs and officials of the
Government, organs of local self-government) are the carriers of public interest
whose task is to protect and realize the rights and lawful interests of the
citizens and organizations.
In other words,
protection and realization of the rights and lawful interests of the citizens
and organizations which have been raised to the rank of public interest can be
considered as the modern contents of the rights protection function of the
administrative law.
In modern conditions
marked by the multiple complications of social life a sort of mixed relations
are also emerging as a result of which it is becoming necessary to decide the
questions relating to the limits of application of administrative law, its
relations with other branches of law, and in the first place, relation of the
administrative law with civil rights in the case of emergence of mixed type of
(administrative-civil) legal relations.
Control and inspection
of Government bodies being, on the one hand, functions of public
administration, and, on the other hand, being the methods of ensuring legality,
continue to remain highly relevant questions of administrative law.
The Constitution
Council had decided the question of the powers of control and inspection by
Government bodies in its resolution relating to this question. It was stated
that in our country there are no Constitutional limitations in assigning to the
Government bodies the authority of control and inspection within the limits of
their competence. That is to say besides Public Prosecutor other Government
bodies can also be entrusted with the authority to inspect.
In this way, along
with inspection by Public Prosecutor’s office it is also authorized that the
Government officials may conduct administrative inspection of unsubordinated
subjects, i.e. citizens and organizations, in order to ensure observance of
legalities in those spheres of activity which are regulated by administrative
law and also using measures of administrative compulsion as provided for in the
law.
All this means that
the purpose of administrative inspection is to ensure that the provisions of
administrative law are being observed properly, without harming the rights and
legal interest of the citizens and organizations.
Future directions of
making the Government control and inspection more perfect are connected with:
optimization of the
system of control and inspection departments;
streamlining and
reducing the range of control and inspection powers not only with respect to
entrepreneurs but also with respect to the other subjects of law;
raising the level of
legal regulation of administrative-inspection activity.
Relations in the
sphere of Government service also come under the regulations of administrative law.
The following priorities are being proposed in respect of administrative law
pertaining to Government service:
more clear-cut
distinction between political and administrative Government service;
formation of new
institutions of human resource management and modernization of the existing ones
serving the requirements of Government service;
introduction of new
methods of selection for Government service on the basis of professional and
personal qualities of candidates;
application of new
principles of payment for services and motivation;
induction of modern
systems for result-oriented assessment of the work of Government employees.
An important component
of the administrative law is the law of administrative dereliction which
requires updating of legislation on administrative violations and such law
should be based on the principle that the Constitutional norms of human rights
and freedoms and also those of citizens are recognized as being directly in
force, and they should determine the essence, contents and application of such
laws.
The legislation on
administrative violations should, as far as possible, be directed towards
restoration of infringed law, and forewarning of legal conflicts in the society
through administrative-legal measures. In this regard while formulating
administrative-legal sanctions (punishment) it would be necessary to rigorously
follow the principle of their commensurability to the degree of social danger
and the nature of violation of law.
It is necessary to
clearly distinguish the powers of courts and non-judicial departments in dealing
with cases of violation of administrative law. In this regard the idea of
extending the powers of courts for giving administrative punishment continues to
be relevant, as also the idea of the adversarial principle in the administrative
judicial procedures.
With regard to the
administrative dereliction law the questions of a more clear-cut distinction of
various legal relations which are protected by the laws of administrative
dereliction continue to be highly relevant, and accordingly there is need to
make a clear distinction between administrative-legal and criminal-legal
punishment.
The other direction is
the development administrative-procedural law culminating in Code of
Administrative Procedure. In this matter also there is need to clearly define
the regulations of administrative-procedural legislation. In this context the
questions of legislative regulation of giving permission in the concrete cases
of administrative lapses is fully relevant.
In the context of
evolving administrative-procedural law it may also be necessary to consider the
question of administrative justice concerned with deciding controversial issues
which come up in connection with official matters involving the Government and
common citizens or organizations. That is, there is need to consider the
question of procedural isolation and legitimization of deciding the conflicts of
official nature.
Thus, the
administrative legal procedure should take the shape of a full-fledged form of
justice just like the criminal and civil legal procedure.
2.3.
Next comes the tax
legislation which also needs to be improved.
Well-evolved and
clear-cut tax laws are an important precondition for the creation of a
favourable investment climate for attracting domestic and foreign investments.
In this connection the tax legislation should be directly connected with the
industrial-innovative strategy of the country – it should promote development of
non-raw material sectors and bring new technologies to the country.
The common global
trend is to reduce the tax burden. While improving the tax legislation it would
be advisable to make use of the advanced experience of other countries which is
based on the following commonly accepted principles of taxation:
number of taxes should
be, as far as possible, minimum;
expenditure to be
incurred on tax-collection should also be minimum;
the taxes should not
come in the way of competition;
the taxes should
correspond to the structural policy of the Government in the economic sphere;
the taxes should be
aimed at proper distribution of income;
the taxation system
should avoid double taxation.
It would be advisable
to consider the question of introducing the system of consolidated taxation
under which one or a number of taxes are paid by the parent company on behalf of
a group of interrelated enterprises, and in such cases the group of interrelated
enterprises is taken as a single tax-payer for the given tax.
It is necessary to
continue the work on simplifying tax liability, reforming certain types of
taxes, and motivating certain categories of tax-payers to clear their taxes.
Customs legislation ought to become more
and more simple and the customs procedures ought to be harmonized so that
anomalies in the customs rules and procedures are removed that may, otherwise,
come in the way of developing international trade and exchange; removal of such
anomalies will promote international cooperation.
It is necessary to
persist with improving and increasing the effectiveness of customs rules and
procedures in order to remove unnecessary administrative barriers; it is also
necessary to ensure predictability, consistency and transparency in the
application of customs rules and procedures; the concerned parties should be
provided with all the necessary information; there is need to adopt such modern
methods of customs administration, as control based on risk management and
auditing; maximum use of information technology should be made; it would be
desirable to introduce international customs standards.
One of the important
tasks of national law is to ensure modernization of the system of financial
control by the Government because such control exercised by the Government
is an efficacious instrument which can ensure the effectiveness of the process
of management of assets of the Government, and, in the first place, the
financial resources. In this respect it is necessary to strengthen the legal and
also procedural bases of the functioning of the activities of Government
departments concerned with financial control.
An effective
Government policy in the sphere of natural monopolies and regulated markets,
to a great extent, depends upon the regulatory and legal framework which
should be aimed at stimulating the financial-economic activities of the
regulated subjects of natural monopolies, creation of suitable conditions for
increasing capital investments in the assets of such subjects and to motivate
them to increase the productivity and reduce the expenditure and improving the
quality of their services.
It is also necessary
to improve the legal basis which determines the very foundations of
Government regulations and control of those
activities which come under monopoly of the State, as also the very basis of
healthy competition with the protection and support of the Government.
2.4. The civil law
of Kazakhstan has passed through several stages. The present Civil Code,
being the largest codified act of Kazakhstan, has absorbed the ideas of modern
civil law. This Code has laid down the basic principles of regulating
commodity-money relations: equality of the types of property and its
inviolability, freedom of agreement, equality of the subjects of civil
circulation. On the basis of the Civil Code the basic set of laws for creating
conditions of market economy was formulated.
In the present stage of evolution of Civil Law the
problems of correlating public-legal and private-legal methods of regulating
social relations have come to occupy foremost place, and as an offshoot of this
- the limits of Government interference in private entrepreneur activities.
It would be necessary to optimize corelation between
the civil law and other branches of law taking into consideration public-legal
and private-legal interests; in this regard it should be made clear that any
such relation that may affect national security will come under the sphere of
public-legal relations, and it shall not be regulated by means of any legal
agreement.
It is necessary to go ahead with the work on
expansion of applying the principle of discretion which gives the opportunity to
those who are participating in a case to use their material and procedural
rights as per their discretion. However, the principle of discretion should not
be made applicable to such civil legal relations that may have a bearing on
public interests.
There is a need to consider the question of defining
in terms the concepts of “refusal from one’s right’ and “refusal from using
one’s right” and the consequences of both these kinds of refusals. This becomes
important for deciding the questions of civil legal personality.
A very relevant problem concerns the legal
significance of activities agreed to between the participants of commercial
relations that may affect either public interests or interests of any third
party which is not participating directly in such activities.
It is very important to define the concept of
affiliated deals, and it should be kept in mind that such deals should not have
been prohibited by the law but in some cases as per the prescribed law they can
be scrutinized preliminarily. Establishment of the fact of affiliation should
serve as the basis to recognize the deal as not valid on the request of the
person whose legitimate interests have been violated by such a deal.
It is necessary to examine the status of joint stock
companies taking into consideration their legal nature and the complexity of the
questions to be decided, including also in the context of so-called “public
corporations”. The possibility of using the organizational-legal form of joint
stock companies as non-commercial organizations has to be decided at the
conceptual level.
It is also to be considered in how all sorts of
securities which are in civil circulation can be included in the Civil Code.
The practice of applying civil legal norms has been
found to be insufficient for determining composite losses caused by violation of
civil laws. In this connection it would be appropriate to device a system for
determination of real losses.
The practice of treating deals as invalid needs to be
made more perfect.
It is also necessary to conceptualize the
applicability of bilateral restitution in the case a deal becomes invalid, if
the party acquiring the goods under the deal is innocent and from whom the said
good cannot be acquired under conditions foreseen by the law.
Thus it is necessary to define clearly the concept of
deals, their composition and consequences for non-fulfillment of deals.
The civil law should also ensure proper balancing of
interests of those owners of property who have lost the right of ownership as a
result of unjustified actions of third party and of those who have acquired the
property honestly.
As shown by practice, it also necessary to legally
widen the types of proprietary rights and include there the concept of
servitude.
It is also necessary to examine the question of
widening the criteria of emergence of proprietary rights. In this regard not
only the composition of proprietary rights but also the norms of using various
kinds of such rights also need to be specified.
It is also necessary to further sort out, as per
international requirements, the questions of participation of Government in the
matters of civil-legal relations and waiving of immunity in the sphere of
private-legal relations while maintaining the immunity of the Government in
performing public duties.
In order to encourage the spirit of entrepreneurship
it would be proper to consider inclusion of agents amongst the subjects of the
civil law and to regulate the questions relating to agent agreements which are
widely practiced in property transactions.
Measures for improving the general and specific norms
of the Civil Code about the duties are also required to be taken.
Serious attention has to be paid to modify the
standard legal acts concerning the intellectual property rights in accordance
with international standards in this area, at the same time keeping in mind our
national interests.
Legal regularization of the procedure of bankruptcy,
in particular bankruptcy of individual entrepreneurs also needs to be improved.
2.5. Financial laws
should ensure a favourable climate for development and functioning of the
financial market of Kazakhstan, protection of the rights of users of financial
services; they should help to create equal opportunities for the activities of
financial organizations, and support honest competition in the financial market.
Taking into consideration the tendencies of the
growth of world economy as well as national economy the financial legislation
should give priority to improvement of supervision process, based on monitoring
of financial stability of banks, assessment of potential risks, formation of a
flexible regulatory procedure, prompt response to difficult issues of banking
operations, and bringing the system of supervision of financial organizations
closer to world standards.
Legal regularization
of the market of securities should be directed towards further development
of competitiveness of the national market of securities, creation of favourable
conditions for its participants, expansion of the base of issuers and lineup of
financial instruments, development of investors’ base, and protection of the
interests of investors.
In order to encourage collective investment and at
the same providing protection of rights and lawful interests of the
share-holders and shares of investment funds it becomes necessary to improve the
legislation regulating the activities of investment funds.
The other important aspect of the growth of the
market of securities and providing protection to the rights and lawful interests
of the investors is the creation of a well-organized market of securities that
would function in a stable and transparent manner.
It is desirable to create through legislation
favourable conditions for the functioning and development of national finance
market, for protection of the rights of the users of financial services, and
promote honest competition in the financial market.
A modern system of compulsory and voluntary insurance
has been introduced in Kazakhstan, and now there exists a
full-fledged market of insurance services. However, in view of the global context of development of insurance
services there is a need to have proper laws for which the systems of insurance
in other countries as also the national law-enforcement practices have to be
taken into account. While deciding the legal questions of the system of
insurance in the context of active development of electronic commerce there is
also the need to develop Internet-Insurance for which proper legislation will be
required.
An important instrument of market economy is
the valuation activity
which also requires to be
constantly regulated through proper laws. In this connection a wide range of
organizational-legal measures are required to be taken which have to be directed
towards:
fixing Government standards of valuation;
bringing the valuation activity at par with
international standards;
improving the Government system of regulating and
self-regulating the valuation activity.
2.6.
The Constitution of Kazakhstan clearly states the basic social laws and
principles for building up a social welfare State. In this connection one of the
basic tasks of the law is further formulation of operative mechanisms for
ensuring social rights and implementation of a modern social welfare
policy.
The social rights policy of the Government, being
complex and multifarious, is directed towards solving a whole range of socially
significant problems. These include, especially, legal regulations of education
and health, providing employment and social protection to citizens, protection
of environment, and prevention of extraordinary situations.
In the present conditions of market economy, labour
market and the problems of providing employment to citizens the question of
employer-employee relations has become very much relevant. Therefore, the labour
law requires to be updated regularly on the basis of the experiences of its
implementation and regular analysis, and also taking into consideration
international experience in this area.
In this regard differentiation of labour and social
welfare laws has to be further worked out depending on the nature of labour
activity and working conditions. The questions of expanding the sphere of
application of the instruments of social partnership have also to be further
worked out.
Legislation pertaining to social sphere has to be
flexible in such a way that it takes into account the dynamics of the priorities
of the social welfare policy of the Government, expansion of the list and
criteria of social welfare programmes, and creation of new forms of
participation of citizens for deciding where to direct the resources for social
welfare. The level of social protection and social benefits will have to be
reviewed from time to time depending upon the financial position of the
Government for which proper legislation is a constant requirement.
Some of the future directions for developing social
legislation are: utilization of the available and creation of new secure
financial instruments which could be used for floating of pension shares;
improvement of the system of social protection of certain categories of
citizens, including such persons for whom social payments are the only source of
survival.
In our country where in some regions the ecological
situation is very grave and complex it is most necessary to develop and improve
further
legislation for protection of nature, and such legislation should be in harmony with international obligations
and standards.
In order to make the nature protection activity more
effective it is necessary to clearly distinguish, on the one hand, the
mechanisms of legal regulation of the use of natural resources, and, on the
other hand, protection of natural resources.
The nature protection legislation should motivate
rational use of natural resources and observance of ecological norms,
development of ecologically clean products, and ecologically safe conduct of
citizens.
There is a need to update and consolidate numerous
Acts meant to regulate relations under extraordinary situations connected with
nature and technology, civil defence, fire and industrial safety; this will help
to raise the quality and level of legal regulations in these areas of social
relations.
2.7. The civil
procedure law
is meant to ensure accessibility of justice, maximum realization of
rights of the participants of civil procedure of the court, timely protection
and restoration of infringed rights and liberties of individuals, interests of
the society and the State.
To achieve these
objectives the civil procedure law needs modifications in the following
directions:
1) determining the ways and means of ensuring
accessibility of
justice that will give opportunity to the citizens to exercise realization of
their right to defend in the court;
2) giving legal shape
to the principles of justice, impartiality, extending the application of
principles of contentiousness, as also restoration of the principle of
continuity of judicial examination in civil cases;
3) deciding the
jurisdiction of cases to be put under specialized courts on the basis of moving
from the exclusively subjective principle of determining jurisdiction to the
subjective subject-matter jurisdiction, that is taking into consideration
categories of subjects involved in the orbit of the case, and also depending
upon the character of legal relations;
4) expanding further
the simplified procedure of civil justice which may include extending the sphere
of applying mandatory procedure, and also simplification of legal procedures in
the cases coming under the jurisdiction of specialized courts;
5) optimizing the
stages of preparing a case for judicial examination in order to ensure faster
hearing and decision of civil cases;
6) extending the possibilities of realization of its powers by the court
of appeal with regard to taking a new decision on a case (in essence,
re-examination of the case) with the purpose of accelerating final settlement of
the case and ensuring realization of the right to lodge a complaint against
judicial acts;
7) excluding the possibility of unnecessary formalities in juridical
proceedings in civil cases which may also include the types, structure and
contents of judicial decisions;
8) specifying various ways and means of reaching a compromise between the
parties of individual legal conflicts (mediation, intermediation etc.) through
settlement in court or out of court settlement, including the obligation of
discussing the possibility of using conciliatory measures at the time of
preparing the case for judicial examination, and also developing extrajudicial
forms of defending the civil rights.
2.8.
The most important link in the legal policy of
the State is
the criminal policy which is being improved through comprehensive and interrelated
modifications of criminal, criminal-procedural and criminal executive law, and
also through law enforcement.
Assessing the present state of criminal law
we can state that it is gradually developing in right
direction. The existing Criminal Code is a sufficiently effective instrument for
fight against criminality and criminal-legal protection of the rights and
liberties of citizens, the interests of the State and the society.
Further development of the criminal law should take
place with the considering of two vectors of criminal policy. Humanitarian
approach should be adopted, mainly, in respect of those persons who have
committed a small or medium type of crime for the first time, and also socially
vulnerable groups of people, like: pregnant and lonely women who have to look
after minor children, minors, and persons of very advanced age. On the other
hand, it is necessary to strictly follow the criminal policy with regard to
those persons who are guilty of serious and particularly serious crimes and who
try to hide themselves from the criminal prosecution, and also in cases of
repetition of offences.
The most important direction of development of
criminal law is determination of possibilities of phased reduction of the sphere
of application of criminal repression by widening the conditions of exemption
from criminal punishment, in the first place, with regard to those persons who
do not pose a big social danger (minors, persons who have committed negligent
crime, other persons in whose cases there exist attenuating circumstances).
It is also important to make the criminal law in
conformity with international treaties which have been ratified by Kazakhstan.
In particular, what is meant is not only decriminalization, but also the
opposite process of criminalization of certain kinds of infringement of laws,
and also introducing criminal responsibility of legal entities for certain kinds
of crimes which may include ecological and economic crimes and corruption.
Thus, the criminal policy of the Government should
have the following directions:
further decriminalization of law violations which do
not pose big social danger by shifting them to the category of administrative
lapses, increasing the administrative responsibility for committing such lapses,
and also reexamination of the degree of graveness of certain kinds of crimes by
attenuating punishment for them, i.e. depenalization;
increasing the criminal responsibility for crimes
committed against minors, encroaching upon their rights and legal interests, for
crimes committed as a member of an organized criminal group or criminal
community, and repeated crimes;
widening the scope of application of criminal
punishments other than confinement, including exemption from certain kinds of
punishment in the form of confinement or reduction of maximum period of
confinement;
imposition of
fine as a kind of effective measure of criminal punishment and
possibility of extending its application;
establishment of commensurability of punishments as
per the articles of the Criminal Code which have been treated as belonging to
the same category of gravity, and their correspondence to the principle of
justice of punishment;
introducing measures of Governmental coercion as an
alternative to criminal punishment;
continuing with gradual reduction of capital
punishment;
improving the institution of condoning criminal
responsibility, condoning the punishment, and conditional premature release from
imprisonment.
Further improvement of criminal law is concerned with
qualitative refinement of laws – the law which limits the Constitutional rights
and liberties should correspond with the requirements of legal exactness and
forewarning of consequences, i.e. its norms should be formulated with sufficient
degree of clarity, and they should be based upon such clear-cut criteria that it
should be possible to distinguish with full certainty the good conduct from
unlawful conduct that would exclude the possibility of arbitrary interpretation
of the provisions of law.
2.9.
An effective
criminal policy of the State is impossible without the optimal model of
criminal justice. Therefore, while talking about the prospects of
development of the laws of criminal procedure it would be appropriate to
emphasize that the present Criminal Procedure Code of Kazakhstan has basically
brought the system of criminal justice at par with the main features of a modern
democratic and law-governed State. The main objective behind law-making is to
formulate laws of criminal procedure based on the recognition of Constitutional
norms about the rights and liberties of man and citizens as being directly in
force which determine the meaning, contents and application of laws and also
ensure justice.
That is why development of the laws of criminal
procedure have to give priority to consistent realization of the fundamental
principles of criminal legal proceedings which require protection of human
rights and liberties.
For this purpose optimum legal mechanisms have to be
worked out that would ensure effective application of laws of criminal procedure
and laws of operational-detection activity in order to expose the crimes faster
and fully, to expose and fix the criminal responsibility of the persons
committing crimes, to undertake proper judicial examination and proper
application of the criminal law.
The legally prescribed procedure in criminal cases
must strictly ensure protection of the accused from baseless allegations and
condemnation, illegal abridgement of human rights and liberties, immediate and
full rehabilitation of the accused in case of illegal allegations or
condemnation; it should also help to strengthen lawfulness and order,
forewarning of crimes, and inculcation of respectful attitude towards the law.
An important task is strict observance of laws, human
rights and liberties while carrying out search operations. In this matter there
is need to strengthen the system of guarantee of human rights and liberties, to
ensure inviolability of personal life, fixing responsibility for unlawful use of
any means and methods while carrying out search operations.
It is necessary to take steps for further developing
the adversarial principle of the parties of prosecution and defence in the
criminal procedure.
Thus, improvement of the law of criminal procedure
should take the following main directions:
simplification and improvement of the efficacy of the
criminal process, including simplification
of the procedure of pre-trial investigations;
legal regulation of pre-investigation checking and
fixing of its limits;
creation of conditions for expanding the application
of measures of restraint, as an alternative to arrest, including bail;
gradual introduction of new institutions of
restorative justice based on reconciliation of the parties and compensation of
the harm caused;
possibility of expanding the categories of criminal
cases for which criminal pursuit and prosecution in the court could be carried
out in private manner or private-public manner;
gradual expansion of the categories of criminal cases
which can be examined by the court with the participation of the jury;
further improvement of the mechanisms of providing
qualified legal help in criminal cases not only to the accused and suspects but
also to sufferers and witnesses.
2.10.
The following set
of measures are required in the
correctional sphere, i.e. criminal-executive sphere.
In order to minimize involvement of citizens in
criminal judicial matters and for economy of measures of criminal repression it
is necessary to create suitable conditions for wider application of
criminal-legal measures which are not connected with isolation from society. In
this respect in the legislation and courts it is required to develop such
approaches in which the choice of the kind and measure of criminal-legal impact
would, primarily, be based on the data about the most plausible effectiveness
with respect to concrete persons.
At the same time for more active application of
measures by the courts in which confinement is replaced by some other
alternative it is necessary to make the execution of such alternatives more
effective for which institutional development of a specialized body responsible
for executing such measures is required.
Considering the fact that confinement continues to be
the main form of punishment, it is, at the same time, necessary to enhance the
educative component of confinement in which, as of now, the component of penal
confinement predominates. In particular, it is necessary to further develop the
contents, forms and methods of corrective-educative treatment of the convicts on
the basis of the principle of individualization of execution of punishment.
It is also very much relevant
to deal with the problems of keeping the confined convicts occupied by involving
them in socially useful work and/or teaching them, resocializing them, which may
also include anti-narcotic and anti-alcoholic education or other forms of social
activity.
Besides retaining and
ensuring very high standards of discipline and order in the correctional
institutions, it is also necessary to intensify measures for inclusion of
psychological and educative contents during the period of punishment; the status
of the correctional staff also needs to be raised, and they should be provided
social and legal protection.
Along with this it is
equally important to provide security to the persons in the place of
confinement, observance of their rights and legal interests. In this sphere it
would be most appropriate to gradually shift to chamber system under
which during day-time the convict has the opportunity to move around and
communicate with other prisoners within the boundaries of confinement and during
night he/she would be isolated in a separate cell.
Maintenance of balance
between the interests of the society and the State concerning the punishment of
the guilty and observance of their rights and legal interests during the service
of punishment is possible through the established mechanisms of social control,
and special attention has to be paid for developing these mechanisms.
It is equally
important to raise the level of medical facilities for the persons undergoing
confinement, in particular the system of prevention of ailments of those persons
who are serving criminal punishment.
Proper measures are
required for formulating a well-directed policy of the State for resocialization
of the citizens who have been released from confinement as full-fledged members
of the society.
On the whole the
system of executing criminal punishments has to be developed in the direction of
bringing it closer to the commonly recognized international standards.
3. The main directions of the development of law
enforcement and judicial systems and human rights institutions
3.1.
After the independence
of Kazakhstan a human rights system has been developed in the country which is
functioning very effectively in consonance with the requirements of a democratic
and law-governed State.
The human rights
activity of the State needs to be developed and improved further. In this
connection the main priorities should be: fight against criminality, ensuring
rule of law and social security, protection of human rights and liberties,
ensuring inevitability of the Government’s response to any violation of law,
quick and full detection of crimes, exposure and fixing of criminal
responsibility on the persons committing the crimes, prevention of offences, and
interaction with common citizens to fight against criminality.
In order to solve
these problems it is necessary not only to strengthen the law and order
machinery, to improve the ways and methods of their functioning, it is equally
important to ensure stability of personnel policy, to raise the qualification
standards and discipline of the staff of law enforcement bodies.
The nucleus of the law
enforcement machinery is the Office of the Public Prosecutor.
It is necessary to
improve the supervisory function of the Public Prosecutor’s Office which is its
main function.
The procedural system
of various branches of the Prosecutor’s Office needs to be improved.
It involves increasing the role and responsibilities of the Public
Prosecutor at the pre-trial stage which may include investigation of those
criminal cases by the Prosecutor’s office where the crimes pose a serious social
threat and are of a complex nature, and this should be treated as a part of the
functions of criminal prosecution being carried out by the Prosecutor’s office.
The effectiveness of
coordinating function of the branches of Prosecutor’s office with regard to law
enforcement activity needs to be enhanced for which legal regulations may also
be required.
The main functions of
various departments of internal matters are maintenance of general law
and order and providing security, fight against crimes towards individuals,
property and other common types of crimes. Security and tranquility of the
citizens, the state of criminality and the level of crime-related situation of
the country depend upon the efficiency of the departments of internal affairs,
and in this connection improvement of these departments should be concentrated
in the direction of ensuring quick and adequate response to any criminal
manifestations and prevention of law violations.
The organs of
financial policing (Economic Offences Wing)
meant for fight
against economic offences and corruption-related offences have fully justified
their role.
Under conditions of
market economy the organs of financial policing have to continuously go on
improving the ways and methods of their work so that they are in a position to
deal effectively with economic offences and corruption which go on taking place
in modern conditions. The financial police have to withstand against economic
offences and corruption in a systematic manner, find out and remove the reasons
and conditions leading to corruption. One of the main tasks of financial police
is also to ensure safety of business and avoidance of unnecessary interference
in business activities.
It is necessary to
optimize the structure and functions of law enforcement department with the
purpose of setting up of more effective organizational and managerial mechanisms
and for effective distribution of functions; in this connection the question of
relieving the law enforcement machinery from other unnecessary functions becomes
very much relevant. Therefore, while carrying out administrative reforms in the
law enforcement department it would be imperative to take into account the
specific nature of its functions so that the measures taken should not lead to
lowering of its law enforcement potential and weakening of its capabilities to
counter criminality.
There should be common
standards of rules and service regulations for the staff of the law enforcement
department and special qualifications should be prescribed, like the
qualifications prescribed for administrative posts in the Government;
recruitment to the law enforcement department should be done on the basis of
competitive examinations.
While it is necessary
to gradually ‘demilitarize’ the law enforcement machinery to some extent, it
would be desirable to retain the practice of giving military ranks and special
ranks to those law enforcement personnel who are directly performing the basic
duties and functions assigned to this department.
In order to ensure
efficiency of law enforcement personnel it is necessary to set very clear
criteria for assessment of their work, and such assessment should not be merely
quantitative, it should have some parameters of quality too.
It is necessary to
work constantly for improving the efficiency and for better organization of the
activities of investigation machinery, and also to take steps to upgrade the
procedural status of the investigator.
The system of giving
powers to and performance review of area inspectors of Police, taking into
consideration opinion of the locality to the maximum possible extent, needs to
be improved.
It is also necessary
to continue the work for timely introduction and proper implementation of legal
norms concerning national security which also includes forewarning and
controlling the spread of terrorism, ethnic and religious extremism, illegal
migration, drugs addiction, drugs trafficking, human trade, cyber crimes,
illegal manufacture and circulation of fire arms, international crimes involving
corruption, including crimes related to illegal transfer of money.
A very important task
of the law is to determine the fundamental basis of national system of
protection of information, the main threats in this area, and mechanisms for
implementation of a uniform policy of the Government with regard to information
security.
3.2. The
judicial system
of Kazakhstan, on the whole,
fulfills the requirements of ensuring effective judicial protection of human
rights and liberties which are protected by the laws pertaining to the interests
of organizations and the State.
Development of the judicial-legal system of
Kazakhstan will be based on continuity and phasing, and it is assumed that it
will take the following directions:
The main vector of its development is
specialization of courts and judges, including development of juvenile courts,
creation of specialized courts for examination of criminal cases; setting up of
tax and other specialized courts is also possible in future. The juvenile courts
should become the central link for the system of juvenile justice which is being
created in Kazakhstan.
Based on the presently functioning
administrative courts there is need to create in future a system of
administrative justice which should examine public-legal disputes concerning
case referrals about administrative lapses coming under the jurisdiction of
general courts.
As a result of improvement of the judicial
system duplication of functions under various judicial authorities will be ruled
out.
Prospects of the development of judicial system
are also connected with the possibility of stage-wise expansion of the limits of
judicial control in pre-trial procedures.
A system of arbitration courts and tribunals
will also be developed.
The society is interested in complete,
objective and fair revelation of the activities of the judicial authority. For
this purpose it becomes necessary to raise the level of transparency of the
judicial system, in particular by providing more widely the information about
the activities of the courts to general public.
Use of modern methods for providing judicial
information is going to be helpful in implementing the principle of
competitiveness in legal proceedings. A planned way of giving information about
the judicial system will ensure that there exists a real information-based
support for dispensation of justice, reduction of time period for examination of
cases, and more effective implementation of court decisions.
Measures are required
for further improvement of the system of selection of judges, and qualifications
for the post of judges have to be made more strict because only professionalism
and high moral qualities of judges are the basis of a qualitatively superior
judiciary. Strict control is also required on the part of the community of
judges so that judges observe the conditions of the code of judicial ethics, and
they should react adequately and immediately against any violation of this code.
For strengthening the
guarantees of freedom of judges the most important question is full realization
of the requirements of the Constitution regarding financing of judges and
providing them residences which “should ensure the possibility of complete and
independent dispensation of justice” whereby it is presumed that the level of
social protection of judges has to be raised gradually, and the courts have be
provided with all the office and technical facilities within the financial
limits of the Government.
At the same time,
anyone found guilty of interfering with administration of justice, and showing
disrespect to the court should bear full responsibility as prescribed in the
law.
The concluding stage
of judicial procedure is the implementation of court orders, and steps have to
taken for their strict implementation. In this connection introduction of the
institution of private bailiffs along with bailiffs of the Governmental can be
considered as a significant measure in the direction of enhancing the efficacy
of judicial procedure. Within the limits of the mixed model of execution of
judicial decisions only the Government bailiffs should have the power to
forcefully recover penalty for the Government and also from the Government.
It is necessary that
the court orders should be strictly executed which also includes increased
responsibility for evading execution of the court decisions, wider application
of restrictive measures against debtors, and increased judicial control in
enforcement proceedings.
3.3.
Building up of a
law-governed State in Kazakhstan requires that the specialized institutions
concerned with the protection of human rights and liberties of citizens
should be made more perfect.
An important mechanism
for protection of human rights and liberties is the institution of Human Rights
Authority. Creation of this Governmental human rights institution was a serious
step in the direction of democratization of Kazakhstan. Experience shows that
there is need to enhance the effectiveness of the activities of this
institution.
Leading role in the
protection of human rights and liberties is played by advocates because they are
the nucleus of providing legal help to the citizens.
Exercise by citizens
of their Constitutional right to get qualified legal help serves as a condition
and guarantee of access to justice. The mechanisms of implementation of this
right need to be made more perfect.
Introduction of trial
by jury, transfer of sanction of arrest to the courts had a positive influence
on the role of advocates. However, procedural rights of the advocate as an
active participant of the criminal process require effective legal mechanisms
for their realization.
The system
of rendering legal help itself needs to be improved. In the first place it is
necessary to improve the system of providing help to persons having low income.
It is also
necessary to decide the problem of disproportionate availability of the services
of advocates in urban and rural areas.
The system
of payment to the advocates rendering legal help free of charge also needs some
improvement. It would be desirable to make this system consolidated and
transparent so that budget allocations earmarked for this purpose could be
utilized more effectively.
Taking
into consideration the experience of those countries where the institution of
compulsory insurance of the responsibility of advocates exists, it would be
worthwhile to examine the possibility of introducing similar system in our
country too.
Another
important task pertains to improvement of the activities of notaries. It is
necessary to define through legislation the role of notaries as a part of legal
infrastructure which is providing additional stability and legal security in
civil transactions, proper protection of the rights and legal interests of
citizens and organizations. The national model of notarial profession should
ensure availability of notarial assistance throughout the country.
4. Legal support of foreign policy and foreign trade
activities
International legal aspect of the legal policy of the Government in the
present period of globalization is becoming more and more important. In this
connection one of the major directions of this policy is providing
legal
support to the foreign policy and foreign trade activities.
Such
activity which is aimed at protecting long-term national interests in the sphere
of foreign policy and ensuring mutually beneficial bilateral and multilateral
international cooperation requires adequate legal regulations of international
significance.
It is
necessary to continue work on making the national legislation conform to the
accepted international obligations and international standards. While doing so,
it is necessary to be primarily guided by internal requirements and priorities
of national development.
For achieving the
goals of foreign policy a well-balanced approach is needed for concluding
international agreements and participation in international organizations, and
this has to be preceded by proper analysis of forecasting socio-economic,
politico-legal and other consequences of signing such agreements for the
country.
Consultations with
institutions and organizations of international law will prove to be useful in
order to look after the interests of Kazakhstan internationally, as also for
building up a secure and stable Central Asia and making this region more
attractive and significant.
5. Legal
education and legal publicity
An essential part of
the legal policy is legal regulation of research and educational activities
because these are an important precondition for industrial-innovative growth of
the country and for uplifting its intellectual potential.
On the other hand,
legal education and legal publicity, thereby meaning legal culture,
form an essential component of research and educational activities. In this
connection it is desirable to make the citizens legally conscious, and also
develop legal awareness amongst Government employees. It is also desirable that
publicity of law amongst masses should be made more broad-based in terms of its
volume as well as quality through mass media, including Internet resources. It
is also necessary to study more actively current problems of legislation and law
enforcement, especially in those branches of law which are most concerned with
the day-to-day life of the citizens.
One of the questions
which is closely connected with organizational-legal measures concerns the legal
education. The society as well as the Government needs qualified legal persons
of a new type who should be patriotic-minded and are able to look after
protection of human rights of the citizens, interests of the society and the
Government. This type of approach can serve as the basis of our legal education.
It would be advisable
to take the path of consolidation of the opportunities provided by the
Government for solving the problem of preparing qualified legal personnel with
different specializations as required in modern conditions. Such an approach
will avoid wastage of Government resources, and will also improve the quality of
trained legal personnel.
6. Conclusion
Implementation of the guidelines laid down in the Conceptual Framework of
Legal Policy will help to realize the basic ideas and principles of the
Constitution of Kazakhstan in the context of the new stage of building up of
Kazakhstan as a law-governed State.
Successful implementation of this Concept and accordingly the stability of
the national law and functioning of legal regulations depend upon constructive
interaction of all the branches of State power, the quality of decisions taken
by the Government bodies and responsible attitude of Government officials.
Comprehensive development of the legislation of Kazakhstan and its
successful implementation in accordance with the main directions of the legal
policy of the country as enshrined in the Constitution will help to further
strengthen the rule of law, observance of human rights and liberties, ensure
sustainable socio-economic growth of the country, and strengthening of
Kazakhstan Statehood.
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