Academic journal article Asian Social Science

The Role of the Constitutional Council of the Republic of Kazakhstan on Human Rights

Academic journal article Asian Social Science

The Role of the Constitutional Council of the Republic of Kazakhstan on Human Rights

Article excerpt


Solving the problem of the human rights is not only referred to enlarging of range of human being and citizen rights and freedoms, but also set in the Constitution of the Kazakhstan, or strengthening their guarantees. In fact the problem concerns considerable renovation of the whole concept of human being, citizen rights, duties and the practice of their constitutional realization. It is extremely important in the course of such process to take into account both intergovernmental and international aspects of the problem stipulated by the character of the researched problem.

One of the important legal guarantees in securing human, citizen rights and freedoms in the Republic of Kazakhstan is the Constitutional Council, set up in accordance with the new Constitution and which is an independent state entity to provide acting regime of constitutional legitimacy. In order to carry out its main task the Constitutional Council must defend and secure human, citizen rights and freedoms, set in the Constitution, thus proving constitutional legitimacy regime.

First in its history the newly adopted legislation gives enforcement powers to the Constitution of the Republic of Kazakhstan. It is the very positive fact. Such function is stipulated by the juridical nature of the Constitutional Council and effective constitutional supervision on human rights and freedoms are not possible without it.

The Constitutional Council activity linked with consideration of laws passed by the Parliament in terms of their compliance with the Constitution is very important to secure human, citizen rights and freedoms. It is the Constitutional Council power to consider how laws adopted by the Parliament comply with the Constitution from above mentioned position.

Keywords: kinds and functions of the constitutional control, protection of the rights of citizens, the decision and the decision of the constitutional council of Republic Kazakhstan

1. Introduction

Special place in the constitutional values occupy human rights and freedoms. The constitutions of many countries fix them as the highest values, establish the obligation of the State to respect and protect them. Body of constitutional control of the Republic of Kazakhstan, ensuring supremacy of the Constitution throughout the country is - the Constitutional Council. Constitutional Council of the Republic of Kazakhstan for its normative acts creates applicable laws and regulations, and promotes coordinated interaction on constitutional branches of government; strengthen the rule of law and the constitutional protection of constitutionally guaranteed rights and freedoms of man and citizen.

President of the Constitutional Council of the Republic of Kazakhstan Rogov I. I. argues that a special role in the protection of human rights carries the Constitutional Council. Within the framework of the constitutional control it is an effective guarantor of the country's legislation functioning and, ultimately, and enforcement within the content of the constitutional provisions. In a globalized world where every phenomenon gets through worldwide communication assessment and analysis of virtually anywhere in the world, before the totality of national and international law enforcement systems, including constitutional justice, a number of new tasks. Protection of migrants' rights, the definition of the relation of rights and freedoms of residents and non-residents in the economic and financial sphere, the responsibility of transnational organizations to workers - citizens activities, environmental rights - Here is a list of issues which are faced with increasing speed national human rights protection system . Phenomenon of a different order serves the global fight against terrorism, drug trafficking, environmental pollution, etc., which requires certain restrictions previously 'untouchable' rights and freedoms (Rogov, 2011).

In this regard, at the forefront of events is often exactly Constitutional Control, which has to solve: how radically new or updated public relations in its legal regulations meet constitutional requirements. …

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