On the Issue of the Concept and Status of Minors in Constitutional Law and Current Problems of the Implementation of the Rights and Freedoms of Minors

  • Gulzhan ABIKENOVA The Karaganda State University of the name of academician E.A.Buketov, Faculty of Economy, Karaganda, Kazakhstan
  • Yerkin KUBEYEV The Karaganda State University of the name of academician E.A.Buketov, Faculty of Economy, Karaganda, Kazakhstan
  • Altai BOZHKARAULY The Karaganda State University of the name of academician E.A.Buketov, Faculty of Economy, Karaganda, Kazakhstan
  • Marat ABDIKEEV The Karaganda State University of the name of academician E.A.Buketov, Faculty of Economy, Karaganda, Kazakhstan
  • Dinara RUSTEMBEKOVA The Karaganda State University of the name of academician E.A.Buketov, Faculty of Economy, Karaganda, Kazakhstan
DOI: https://doi.org/10.14505/jarle.v9%203(33).02

Abstract

An indicator of the acquisition by the Republic of Kazakhstan of the status of a legal democratic state is the real-value attitude of the state to a person, his rights and freedoms, taking into account the specifics of their various categories and groups, including minors. On the one hand, the future of any state is objectively associated with minors; on the other hand, they are defenseless due to complete or partial physical, mental, social immaturity. Therefore, the problems of childhood, the protections of the rights of minors are in the spectrum of priority both for our state and for other countries of the world community. The Constitution of the Republic of Kazakhstan enshrines the legal status of a person and a citizen of the Republic of Kazakhstan, recognizes and guarantees the inalienability of fundamental rights and freedoms imposes the duty of the state to support family, motherhood, fatherhood and childhood. At the same time, in modern Kazakhstan there is a contradiction between the constitutional nature of the system for protecting the rights of minors and its actual functioning. As a result, there arises the need of society to create an effective mechanism for the implementation of constitutional guarantees of the rights and legal interests of minors.


 

References

[1] Avtonomov, A. 2017. International standards in the field of administration of justice. Moscow. 332.
[2] Bevan, N. 2017. Law Relating to Children. Moscow. 335.
[3] Campbell, T. 2012. The rights of minor. 998.
[4] Cappelare, G., Grandjean, A. 2018. Introduction to the concept of international standards in the field of juvenile justice. Collection of international standards and norms of the United Nations in the field of juvenile justice. Moscow. 258.
[5] Civil Code of the Republic of Kazakhstan. 1994. (with amendments and additions as of August 1, 2017). http://online.zakon.kz/Document/?doc_id=1006061.
[6] Civil Code of the Republic of Kazakhstan. 1994. http://online.zakon.kz/Document/?doc_id=1006061.
[7] Clarke H. 2016. Law Relating to Children and Young Persons. London. 456.
[8] Code of the Republic of Kazakhstan. 2011. On Marriage (Matrimony) and the Family. http://adilet.zan.kz/rus/docs/K1100000518/info.
[9] Code of the Republic of Kazakhstan. 2011. On Marriage (Matrimony) and Family. http: //adilet.zan.kz/rus/docs/K1100000518/info.
[10] Convention for the Protection of Human Rights and Fundamental Freedoms. 1950.
[11] Convention on the Rights of the Child. 1989. http://www.ombudsman.kz/children/prava/docs/detail.php?ID=2230.
[12] Convention on the Rights of the Child. 1989. http://www.ombudsman.kz/children/prava/docs/detail.php?ID=2230.
[13] Cretney, S., and Masson, J. 2013. Principles of Family Law. 7th Edn. London. 148.
[14] Dahl, V. 2010. Explanatory Dictionary of Living Russian. http://slovardalja.net/.
[15] Declaration of the Rights of the Child. 1959.
[16] Flekkoy, M. 2016. The children's ombudsman as an implementation of children's rights. Transnational Law and Contemporary Problems. 75.
[17] Freeman, M. 2015.The Best Interests of the Child? The Best Interests Of The Child. International Journal of Law, Policy and the Family, 11(3): 388-399.
[18] International Covenant on Civil and Political Rights (of December 16, 1966)
[19] International Covenant on Economic, Social and Cultural Rights. 1966.
[20] Law of the Republic of Kazakhstan. 2002. On the Rights of the Child in the Republic of Kazakhstan. http://adilet.zan.kz/rus/docs / Z020000345.
[21] Law of the Republic of Kazakhstan. 2002. On the Rights of the Child in the Republic of Kazakhstan’ (as amended up to April 9, 2016). http://adilet.zan.kz/rus/docs / Z020000345.
[22] Official website of the Statistics Committee of the Ministry of National Economy of the Republic of Kazakhstan. http: // www.stat.kz.
[23] The Constitution of the Republic of Kazakhstan. 1995. http://www.akorda.kz/ru/official_documents/constitution.
[24] The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the ‘Beijing Rules’). 1985. http://online.zakon.kz/Document/?doc_id = 1020993.
[25] United Nations Standard Minimum Rules for the Administration of Juvenile Justice. 1985. Beijing Rules. http://online.zakon.kz/Document/?doc_id = 1020993.
[26] Universal Declaration of Human Rights. 1948.
[27] Vitruk, N. 2018. The general theory of the legal status of the individual. Moscow. 448.
[28] Voevodin, L. 2017. The legal status of the individual in Russia. Moscow. 304.
[29] World Declaration on the Survival, Protection and Development of Children. 1990.
Published
2018-06-30
How to Cite
ABIKENOVA, Gulzhan et al. On the Issue of the Concept and Status of Minors in Constitutional Law and Current Problems of the Implementation of the Rights and Freedoms of Minors. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 3(33), p. 805-818, june 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/2517>. Date accessed: 19 apr. 2024. doi: https://doi.org/10.14505/jarle.v9 3(33).02.
Citation Formats
Issue
Vol 9 No 3(33) (2018): JARLE, Volume IX, Issue 3(33), Summer 2018
Section
Articles

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