Constitutional and legal status of minors in the Republic of Kazakhstan
Keywords:
guarantee of the rights of minors, the realization of the constitutional rights and freedoms of juveniles, the interpretation of the terms «minor» and «child», a minor's constitutional rights and freedoms of minors, the Ombudsman, the general and special guaranteisAbstract
This article sets the task of examining the real value attitude of the state towards a person, his rights and freedoms, taking into account the specifics of their various categories and groups, a special place among which is occupied by minors. 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 obligation of the state to support the family, motherhood, fatherhood and childhood. At the same time, in modern Kazakhstan there is a contradiction between the constitutional essence of the system for protecting the rights of minors and its actual functioning. The purpose of the work is to highlight the problems of interpretation of the constitutional status of minors. The lack of due attention on the part of the state to the problem of children may well be qualified as non-compliance by the Republic of Kazakhstan of certain provisions of international legal acts. First of all, it concerns the legal support of the status of minors, as well as the activities of authorized bodies that guarantee the implementation of the rights and freedoms of minors. The work says that declarativeness of juvenile legislation takes place, low degree of effectiveness of legal protection of children. Particular attention is drawn to the problems of determining the legal status of a minor and guarantees of the realization of his rights and obligations. The authors came to the conclusion that the effective implementation of guarantees of the rights and freedoms of minors ensures not only the progressive development of any society, the normal process of socialization of the future generation, but also is the key to the successful implementation for Kazakhstan of the task of creating a healthy new generation