 |
|
Subject: the base of a legal status of the individual and the citizen in the Republic of Kazakhstan
Plan:
- General issues of the citizenship. The notion of the citizenship according to the legal system of the Republic of Kazakhstan. Its acquisition and loss.
- The system of constitutional rights, freedoms and responsibilities of the individual and the citizen.
- Legal status of foreign citizens in the Republic of Kazakhstan
Keywords: citizenship, legal status.
Article 1. The Constitution of the Republic of Kazakhstan stipulates that the highest values of Kazakhstan society is the individual and its life, rights and freedoms. This constitutional statement expresses the idea of the priority of human’s rights and freedoms over the interests of the state. The state is supposed to respect an individual, protect his rights and freedoms.
Constitution of the Republic of Kazakhstan codifies the most significant rights and freedoms of the individual. For the first time the Constitution of Kazakhstan in the article 12 paragraph 4 declares that human rights and freedoms shall belong to everyone}' by virtue of birth, be recognized as absolute and inalienable. The constitutional rights and freedoms belong to every human and citizen and form the core a legal status of the individual.
It is generally recognized that the constitutional rights and freedoms should be classified according to the character of relationships appearing between individuals and the state and also between people. Thus they can be divided into personal, social and economic and political.
A person has personal rights and freedoms independently from his citizenship. These rights and freedoms are connected with the life, dignity and other essential human right. They are: the right to life (art.15), the right to personal life (art.16) and the right to move freely (art.21), the right for the inviolacy of a person’s dignity (art.17), the right for inviolability of a private life (art.18), the right to be recognized as a subject of the law and protect his rights and freedoms (art.13), the right to get competent legal assistance.
Social and economic rights define the position of the individual like a member of a civil society. They are: the right to property (art. 26 p.6), the right to freedom of labor (art.24), the right to rest (art. 24 p.4), right to social security (art.28 p.1), the right to care and upbringing of children (art.27), the right to protection of health (art.29), the right to education.
Range of political rights and freedoms defines the legal position of citizens in the system of social relations in the implementation of the government. And the citizens of the Republic of Kazakhstan are endowed with a large amount of political rights and freedoms than foreigners and stateless persons residing in the territory of the Republic of Kazakhstan. The most important rights and freedoms in this area is the right to participate in the elections and the national referendum (art. 33 p. 2), the right to participate in the government of the state’s affairs (art. 33 p. 1), the right to serve in a public office (art. 33 p. 4).
Moreover there are such rights as: the right to freedom of expression and creativity, the right to freedom of associations, the right to peaceful assembly, rallies, demonstration.
The legal status of the person and the citizen cannot exist without basic responsibilities that are set forth in the Constitution. And the responsibilities are defined for all people within the territory of Kazakhstan (to observe the Constitution and the law of the Republic of Kazakhstan; to respect rights, freedoms, honor and dignity of others, to respect national symbols and to pay taxes) and only for the citizens of Kazakhstan (to defend the Republic of Kazakhstan, to perform military service, to care for the protection of historical and cultural heritage, and preserve monuments of history and culture and to preserve nature)
Citizenship of the Republic of Kazakhstan
The legal status of the individual cannot be separated from the citizenship. The citizenship is defined as a stable political and legal relationship of a person with the state, expressing the scope of their rights and responsibilities. The citizenship - is a legal status but not the actual one.
The citizenship is given on some grounds. The law “On Citizenship of the Republic of Kazakhstan” dated 20.12.1991 with amendments and additions dated October 3, 1995 stipulate the following:
1. The acquisition of citizenship by birth on the principle of “the law and the blood” - if one parent is a citizen of the Republic of Kazakhstan and in case there are no disagreements the child acquires the citizenship of the Republic of Kazakhstan.
On the principle of “The right of soil” - if the child was born in the territory of the Republic of Kazakhstan at stateless parents (stateless persons), or if his parents had not been identified, he acquires the citizenship of the Republic of Kazakhstan.
2. Conferment of citizenship of Kazakhstan is carried out at the request of a citizen of another country or a stateless person. Some conditions are necessary to receive the citizenship of the Republic of Kazakhstan. The decision of the conferment of citizenship made by the President of the Republic is required. In addition, citizenship is acquired on the grounds and in the manner provided for interstate agreements of the Republic of Kazakhstan and on other grounds provided by the Law of citizenship of the Republic of Kazakhstan.
Termination of the citizenship should be provided by the law of the Republic of Kazakhstan in the result of the withdrawal or loss of citizenship of the Republic of Kazakhstan. Renunciation of citizenship is voluntary and is carried out at the request of the person. Loss of citizenship comes as a result of cases provided by the law.
Lecture 6