Право/8. Конституционное право

Associate Professor, Department of Theory and History of State and Law, constitutional law, Candidate of Law Saktaganova I.S.,

magistrate of law Saktaganova G.S.

Eurasian National University of L. Gumilyov

Promotion of citizens and human rights is an essential element in the development of democracy in Kazakhstan

The most important values defined in Article 1 of the Constitution of the Republic of Kazakhstan are: an individual, his life, rights and freedoms. This rule is not just a principle; it’s one of the main directions of the government. However, human and civil rights are not recognized equally in all areas and in the concept of society the idea of human rights and freedoms are understood too late. Therefore, based on the Constitution of the Republic of Kazakhstan the discussion of human rights and freedoms of citizens has become an important issue.

The most important political and legal document of our country is the Constitution of the Republic. In the first paragraph of the first article of the Constitution says: “The Republic of Kazakhstan proclaims itself a democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedoms” [1,4]. Recognition values such as life, rights and freedoms of human and citizens like the most important values shows that the state is constantly taking care of the person and doing everything possible for a prosperous life, the preservation of his health, protection interference in his life. Currently in the developing Kazakhstan can be seen that human rights and freedoms are constantly expanded and deepened as a result of the constant struggle in society. This trend, in turn, shows the development of democracy in Kazakhstan.

According to the Kazakh scientist- lawyer, academician G.S.Sapargaliev: "Democracy of Kazakhstan is not only the highest political and legal status of the people, it is also manifested by the legal position of individual and citizen. A wide range of democratic rights and freedoms which have been approved in the Constitution, give citizens such legal opportunities as freedom of speech and honor, participation in the management of government bodies, the establishment of public organizations and other rights "[2, 5]. This means that providing human rights and freedoms, including political rights and freedoms shows that it is an important element in the development of democracy in Kazakhstan.

According to the theory of Russian scientist A.Radischev the authority belongs to the people, but it should be handed over to the head of state and controlled by the people. According to the theory of the contract, the state appeared as a result of the agreement, its members are people, they transfer some of their freedoms and the power to the state [1,14]. We know that the main idea of the theory is the control and participation of people to political power of the state and out of the fact that the state was transferred to the head of state according to the agreement of the people, the state should protect the rights and freedoms of individuals defined in the Constitution. The participation of citizens in the management of state helps to expansion the democratic country. For the purpose of foundation a democratic country, our state guarantees the rights and freedoms of citizens.

By decree of the President of the Republic of Kazakhstan created a special commission on protection the rights and freedoms of human and citizen, which have been approved in the Constitution. About this one: "The Commission on Human Rights under the President of the Republic of Kazakhstan was established by the Decree of President Nursultan Nazarbayev February 12, 1994. Main goal is to increase public mechanisms of support and protection of human rights "[8, 14]. There is such information. According to these data, we can know the role, place of rights and freedoms of human and citizen in the Constitution.

In our opinion, the rights and freedoms of human and citizen is the state built on the basis of an agreement on the theory of the Russian scientist A. Radischev, recognition freedoms, rights of human and citizen by nature, also providing, protection by each state, the possibility of achieving values and benefits in socio-political, economic and moral spheres on the basis of freedom through the Constitution. We have considered this definition referring to the theory of A. Radischev, and paragraph 2 Article 12 part 2 of the Constitution the Republic of Kazakhstan: "Human rights and freedoms belong to everyone from birth, are recognized as absolute and inalienable, and define the content and application of laws and other normative legal acts" [1, 8].

We say that human rights are given to them from birth. Yes, in fact, people have natural rights, have appeared from birth, but we can not consider the political rights of human and citizen as the rights which appear by nature  , because the political right depends on the citizenship rights, not every citizenship is given to the person by nature. In the concept of "citizenship" has the political meaning of the relationship between the citizen and the state. The citizenship is a constant political and legal relationship of people with this state. From this definition we can see that citizens permanently compose in political communication with their state, that is, it means closely related human rights and freedoms to the management of affairs of the state and democracy. The intervention of citizens in the case of management of the state extends the possibilities of the democratic state. Our country guarantees the rights and freedoms of citizens in order to form democratic state.

In the message of the President of Kazakhstan December 14, 2012 was written that in the elections in 2013 mayors who would be work with citizens by the direct way and solve problems in the areas would be provided with elections [3,23]. The challenge in this letter is an obvious phenomenon of the permanent development of legislation by evolutionary way and addition, improvement of legal rights and freedoms of citizens determined in paragraph 2 of Article 33 of the Constitution of the Republic of Kazakhstan. There were made some conclusions during the service. In determining the essence of the Constitution, the Constitution is not just a legal act; it is the basic position and guarantee of permanence of the developing state with political and economic growth, and defined cultural and social direction. In considering the Constitution and analyzing the theory of the Russian scientist A. Radishchev is proposed the definition to the rights and freedoms of individuals and citizens.

The rights of citizens to participate in the case, publicly managed base the system of political rights and freedoms. This, in its turn, the principle of relationship between the democratic state with its citizens. Authoring system based on employed Constitution of Kazakhstan on political rights of citizens is encouraged to recognize the right of citizens to participate in the affairs administered by the state as "pure" political rights of citizens. Its proof is a new change in the political rights of citizens in the message of the President of the Republic of Kazakhstan in December 14, 2012.

The future development of the political rights of citizens of the Republic of Kazakhstan is shown in the content of those rights concerning the content of the constitutional reforms in democratic directions in the country. The main conclusion made during the review of the Constitution is their permanent development by evolution, bright future of the development of political rights.

The list of used literature:

1. The Constitution of the Republic of Kazakhstan, Astana: “Elorda” press, 2014, p. 56

2. The opinion of the Kazakh scientist- lawyer, academician G.S.Sapargaliev/ Dulatov G. S. The political rights and freedoms of citizens Of the Republic of Kazakhstan, auto abstract, the preparatory dissertation to get the degree of Candidate of Legal Sciences. 12.00.02-Almaty, 2010.- p. 24

3. D.A.Bulgakova The theory of the state and law, (the textbook)- Almaty: the law literature, 2013, p. 106

4. The scientific- legal magazine of fair trial 6, 12 November- December, p. 63