Saktaganova Indira Sovetovna,

Associate Professor, Department of Theory and History of State and Law, constitutional law, Candidate of Law Eurasian National University of L.N. Gumilyov, Astana, Kazakhstan

Karibayeva Gulnaz,

Kazakhstan, L.N.Gumilyov Eurasian National

University,Associate professor,

Kassymbayev Ali,

Student of theDepartment of State and Law Sciences

Law studiesEurasian Institute for Humanities

Saktaganova Alina Daniyarovna,

The 2nd year student of the specialty political science of the Eurasian national universityNamed after L.N. Gumilev, Astana, Kazakhstan

THE MODERN CONDITION OF SOCIAL PROVISION RIGHT SYSTEM IN THE REPUBLIC OF KAZAKHSTAN

The Republic of Kazakhstan - the first of the Commonwealth of Independent States, which has carried out a reform of the pension provision. The essence of the reform was that implemented gradual transition from the distribution system of social security based on solidarity between generations, to a funded pension system, which provides individual pension savings in pension funds. [1]

Since the inception of the accumulative pension system in our country, pension funds have developed in constant rivalry, in competition. In the initial stage, this led to a positive result: weak funds have left the market, while others, united and strengthening its position, soybeans continued activity in the pension market. Today, apparently, during the fierce competition pension funds fades into the background, giving way to constructive cooperation.

However, despite the significant and positive results of reforming the accumulative pension system, many of its problems are still unresolved. Among them are lack of accumulated funds of pensioners to ensure normal conditions of life in the aftermath of the labor period, unresolved gender issues (different life expectancy, wage inequality and, consequently, in the amount of pensions for men and women), the problem of the production disability, and others. But this state provides for measures to improve the pension problems [2].

Today one of the main institutional investors in the Republic of Kazakhstan accumulative pension funds face has problems in providing a sufficient volume of a decent level of pensions in old age. Since there is a need to improve the management of pension assets, which would be a factor, not only the growth in the volume of savings of the population, but also stimulate economic growth.

Since April 1, 2009, to accumulate pension savings only in any one personal account in one of the accumulative pension funds (APF) introduced a system of automatic transfers of pension savings. The second stage of optimization of payments in the accumulation system issocalled system of automatic translation of savings into effect from 1 July, 2009. If the investor had several accounts in different funds, but now all his savings are combined on a single pension account. Thus, provided the legal norm "one contributor is one fund".

From 1 January 2012 the Law "On pension security" approved and put into effect on the rate of implementation of several investment portfolios - aggressive, moderate and conservative, to involve investors in investment decisions, which will enable the investor to diversify their savings. That is, it goes to a new level when the investor based on his personal preferences, he will be able to choose their investment portfolio. Also in the long term transition to a service through the electronic card when the cardholder, i.e. the investor, the fund will be able to make choices, which he wants to entrust their savings and simultaneous translation savings through the electronic system maintenance.

Thus, Kazakhstan passed the stage of formation of the pension system and entitles the basis for the preliminary results, and determine the prospects for further possible ways of development of Kazakhstan's model.

Summing up the last period of reforming the pension system, it can be argued that the pension system has an increasingly positive impact on the social sphere, but also plays a significant role in the functioning of the economy of the republic. Currently, Kazakhstan's model of pension provision is the best in the former Soviet Union [3].

The social development of the state, regardless of realizable model of economic development measured by the standard of living of pensioners. In various countries, the problem of social security is solved at the state level, which is directly and direct obligation to retirees. Consistently implemented in Kazakhstan, social and economic reforms over the years led to some positive developments. Today in the republic the current pension system will raise the standard of living of pensioners.

Fundamental changes in the world economy and politics, the processes of globalization and the internal dynamics of development of the Republic of Kazakhstan does not allow to stop there. In order to ensure compliance with national law, new challenges need to further improve the rule-making and enforcement of the state.

In recent years, social policy develops adequate economic achievements of the republic. In this area, a number of laws, according to which social policy is to provide, on the one hand, the growth of living standards, and on the other - the reform of the existing system of social guarantees: including the Law "On Housing Relations", "On Pension Security in the Republic of Kazakhstan "," On obligatory social insurance ", the Code of the Republic of Kazakhstan" On people's health and the health care system "and others. [4].

In a market economy there is a problem of every citizen living wage. This issue is directly linked to the wage established minimum wage. The citizens' right to remuneration for work without any discrimination means, above all, setting as a starting index the minimum wage, mandatory for all employers. One of the activities of the welfare state is to provide employment, create jobs. The Republic of Kazakhstan is committed to the creation of such conditions. For example, adopted Law of the Republic of Kazakhstan "On Employment" develops constitutional provision on social protection from unemployment, regulates the implementation of measures aimed at ensuring the employment of citizens experiencing difficulties in finding work [5].

One of the main areas of social policy in Kazakhstan is guaranteed by the state to provide the means of life for citizens, deprived (fully or partially) the ability or opportunity to work and earn income from labor. Also assisted the family in connection with the birth and upbringing of children. The Constitution of the Republic of Kazakhstan guarantees its citizens the right to social security. Social security system in Kazakhstan is material support and services to citizens in the case of a certain age, illness, disability, loss of breadwinner, and other grounds.

Reform of the pension legislation was aimed at changing the very public nature of the entire structure of pension schemes, to encourage private citizens to participate in the accumulation of funds in the event of old age, as well as employers, to expand the forms of social insurance, which lead to the introduction and registration of ownership of individual retirement accounts, and the formation of new concepts such as periods of insurance, pension funds and others.

Thus, we consider it necessary to note that the Human Rights define the scope of freedom of the individual, his autonomy and self-determination, to organize and coordinate public relations and relations delineate the boundaries of state activity, preventing unjustified intrusion of the state into the sphere of personal freedom, putting obstacles absolute power and arbitrariness of state structures define the parameters of the relationship between man and the state, the latter responsible for its activity to the individual and society, providing stability and sustainable development of society, its normal activities on the basis of proven historical experience of legal forms of human interaction.

LITERATURE:

1. "Accumulative pension system of Kazakhstan." The securities market of Kazakhstan, 2010, number 12.

2. Official Website ENPF - www.enpf.kz.

3. Law of the Republic of Kazakhstan "On pensions in the Republic of Kazakhstan" (rev. And ext., As of 03.31.2014 was), Art. 1, p. 12 // [ER]. Access:online.zakon.kz

4. Law "On Compulsory Social Insurance" dated 25.04.2003. № 405-2, http: // base.zakon.kz

5. Law "On Employment" from 23.01.2001. № 149-2, base.zakon.kz