This article consecrates topical issues of executive power, which points to one of the most acute problems of world society. The executive branch is recognized as one of the three branches of the unified state power by the current constitutional doctrine and practice of the Republic of Kazakhstan - a unitary state with a presidential form of government. The process of management constant development has a direct impact on the system of executive power and the structure of individual executive bodies, generates the demand for an in-depth analysis of this influence, its consideration in the creation and functioning of an integral, rational, effective state mechanism. In order to create a modern complex theoretical vision for the scientific legal foundations of a strong and effective executive branch operating in the public system of the Republic of Kazakhstan, which is established as a democratic, legal, social and secular state, the highest value of which is a human, his rights and freedoms, in this study are considered the theoretical concepts, practical aspects of the concept and executive power place as a full-fledged element of the state - the object of the constitutional, administrative and legal sanctions; system, structure, legal and organizational forms of executive bodiesactivity; as well as the main problems of legislative regulation, further construction and functioning of the executive power in Kazakhstan.Recommendations and proposals have been developed to improve a number of legal measures for the executive power enhancement. The analysis of the main historical studies that explain the nature of executive power in foreign countries and in Kazakhstan and its main role in the development of the state and law is carried out.
The article explores the role of the judiciary in the mechanism of the division of powers in Kazakhstan. The authors studied issues of ensuring judiciary’s independency: discrepancy of norms in the current legislation, related to the questions of the judges’ independency; the dependency of the judiciary on executive and legislative powers in the questions of financing. The article examines the necessity of raising the level of judges’ legal culture. The authors have proposed specific recommendations for the improvements of judiciary’s development in Kazakhstan.
Modern globalization processes cause the transformation of the substantive aspect of human rights, which requires their scientific substantiation. The article is devoted to the theoretical and methodological analysis of cultural human rights, as well as the problems of their realization in the modern world under the influence of socio-economic, political and spiritual modifications. As a result of the study, the axiological importance of implementation of person’s cultural rights has been proved and the interrelation with other, no less important, human rights has been shown; factors of an objective and subjective nature that impede the protection and realization of cultural human rights are established. The comparative legal analysis of constitutional propositions, national laws and international legal acts in the sphere of recognition and realization of cultural rights made it possible to reveal the reform trends in their legal regulation in the democratic states of the world. Given the lack of a unified doctrinal paradigm of understanding cultural rights, the adoption of a universal strategic international legal act aimed at promoting the realization of cultural human rights in the modern world – the ‘International Action Plan for Developing an Effective Mechanism for the Implementation of Cultural Human Rights in the age of Globalization’ was proposed at the international level.
The relevance of the study is caused by the paramount importance of the legal responsibility institution, without which one cannot imagine the existence of the legal state. Threading all the spheres of public life, the legal category of responsibility is a significant element of the mechanism for their regulation and plays an important role in the provision of order and safety. The objective of the paper is in the cognition of the complicated and multi-faceted phenomenon of legal responsibility and in the definition of its position in the legislative system of the Republic of Kazakhstan. In this regard, this paper is aimed at the revealing of the main approaches towards the understanding of the responsibility in law, the study of the kinds of legal responsibility and their legal sources. The leading approach in the study is the analysis that allows integrally considering the accumulated theoretical experience in the issues of legal responsibility, as well as revealing the drawbacks in the documentation of the responsibility in the applicable legislation. The paper presents modern concepts of legal responsibility, reveals the existing definitions of its concept, and considers the system of legal responsibility and its basic elements (kinds) with the definition of its legal framework for each element of the responsibility. The materials of the paper may be helpful to the scientists in their research of the problems of legal responsibility in all the legal branches, university teachers and students in the educational process when studying and teaching the legal disciplines.
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