Oryntay Madina

2nd year student

Specialty: "International law"

International Relations Faculty

Al-Farabi Kazakh National University

Scientific adviser:

Candidate of Law, associate professor Tussupova A.Zh.

TOPICAL ISSUES OF THE LEGAL STATUS OF FOREIGNERS IN THE REPUBLIC OF KAZAKHSTAN

The legislation of the Republic of Kazakhstan on the legal status of foreign citizens based on the Constitution of Kazakhstan, as well as the Law "On the Legal status of foreigners" from 19.06.1995, which defines the basic rights and duties of foreign citizens, the order of their entry into the Republic of Kazakhstan, stay, movement and departure from the territory of the Republic of Kazakhstan.

Foreign citizens in the RK are persons who are not citizens of the Republic of Kazakhstan and have proof of the citizenship of another state.

The legal status of foreign citizens is the set of rights and obligations of foreign citizens and stateless persons, established by national legislation and international agreements of the host country. Thus, it represents the beginning of the principles on which the legal personality of foreigners and stateless persons based.

There are 3 types of the legal regime of foreigners: National regime; Special regime; beneficial regime.

 Foreigners in the Republic of Kazakhstan shall have all rights and freedoms, and also bear all the responsibilities, established by the Constitution, laws and international treaties of the Republic of Kazakhstan, except in cases provided by the laws and international treaties of the Republic of Kazakhstan.
      Foreigners in the Republic of Kazakhstan shall be equal before the law, regardless of their origin, social and property status, race and ethnicity, gender, education, language, attitude to religion, type and nature of occupation.
      Using of foreigners of their rights and freedoms shall not be detrimental to the interests of the Republic of Kazakhstan, the rights and legitimate interests of its citizens and others, and shall be inseparable from the performance of their duties, established by the legislation of the Republic of Kazakhstan.

The Republic of Kazakhstan shall grant political asylum to individuals and their families seeking asylum and protection from persecution or a real threat of persecution in the country of citizenship and / or residence, for socio-political activities, race, and nationality or for religious beliefs, as well as in cases violations of human rights stipulated by international law. The decision to grant political asylum or not to grant political asylum in the Republic of Kazakhstan made by the President of the Republic of Kazakhstan.

The topical issue is illegal migrants in Kazakhstan. They are persons who left their territory from other countries and thus violate the rights of entry or residence regulations in the country; an important form of violation of the rules of stay in Kazakhstan is illegal (illegal) employment.

The Republic of Kazakhstan is one of the key intermediates of transnational channels of illegal migration, which is due to: The geographical position directly in the path to Europe; The discovery in recent years of new international aviation and trains.

There is also a tendency of growth of illegal labor migration in Kazakhstan so-called "seasonal workers". Every year, according to various estimates, in Kazakhstan for work come from 300 thousand to 500 thousand migrant workers - mostly citizens of neighboring Central Asian states.

So, in recent years, one of the most difficult problems is the fight against illegal migration. Uncontrollability has a negative impact on the domestic labor market; leading to massive violations of the rights of migrants creates social tensions in the places of their accumulation, a negative impact on the criminal situation in the country. Illegal movements are a direct threat to international stability and national security. The criminal organizations behind the trafficking and the so-called human smuggling, while they are engaged in drug trafficking, forgery, money laundering. The increase in this phenomenon is alarming, especially because it is closely connected with illegal operations and different types of crime.

So far, the country has no system of interdepartmental control over the stay of foreigners in the country. Often in the media appear publications that the state is not sufficiently finance the border troops, does not control the employment of foreigners in the country, their movement, not following the deportation at the end of the term of visa.

From my point of view, to solve these problems, the government need to ensure the improvement of the legislation of Kazakhstan on regulation of entry and subsequent stay in the country of foreign citizens and stateless persons, in particular, for the purpose of employment, strengthening the responsibility for the organization of illegal migration.