On the Concept of Legal Policy of the Republic of Kazakhstan for the period 2010 to 2020

On the Concept of Legal Policy of the Republic of Kazakhstan for the period 2010 to 2020

 

Decree of the President of the Republic of Kazakhstan dated 24 August 2009 № 858

 

Shall be published in the Meeting

of the acts of the President and the Government

of the Republic of Kazakhstan and the National press

 

      In accordance with paragraph 1 of Article 40 of the Constitution of the Republic of Kazakhstan, in order to further define the main areas of legal policy I decree:

      1 To approve the Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020 (hereinafter - the Concept).

      2 To state that this concept is the basis for the development of programs in the field of legal policy, long-term and annual plans laws of the Government of the Republic of Kazakhstan, drafts of normative legal acts of the Republic.

      3 The central and local government bodies of the Republic of Kazakhstan during the development and implementation of their strategic plans need to manage the provisions of the Concept.

      4 The enforcement of this Decree shall be on the Administration of the President of the Republic of Kazakhstan.

      5 This Decree shall come into force from the date of signing.

 

      President of the Republic of Kazakhstan                                                            Nursultan Nazarbayev

 

 

 

 

Approved by the

 Decree of the President of the Republic of Kazakhstan

August 24, 2009 № 858

 

  

Concept of Legal Policy of the Republic of Kazakhstan the period from 2010 to 2020

 

 1 Introduction

      Footnote. Section 1, as amended by Presidential Decree of 16.01.2014 № 731.

 

      Concept of Legal Policy of the Republic of Kazakhstan, adopted in 2002, defines the main directions of development of the legal system of the country up to 2010. Over the years, a number of important laws have been implemented that promote the progressive development of the state and public institutions for the sustainable socio-economic development of Kazakhstan.

      The main results of the implementation of the Concept was a significant update of the main branches of national law (constitutional, administrative, civil, banking, tax, financial, customs, environmental, criminal, criminal procedure, criminal law enforcement).

      New codified acts were developed and adopted: in 2003 - Forest, Land, Customs, Water Codes; in 2007 - Labor, Environmental Codes; in 2008 - Budget, Tax Codes.

      Measures were taken by the State, which allowed to bring legislative process to a new level, including: long-term planning of legislative activities; introduction of scientific (legal, anti-corruption, and other criminological) examination of draft regulations; full financial support of the adopted laws.

      The first decade of the 21st century has been marked with a new stage in constitutional development of Kazakhstan. In May 21, 2007 the Law "On amendments and additions to the Constitution of the Republic of Kazakhstan" was adopted, which proclaimed novels fundamentally important for the country. At the same time basic parameters of Kazakh state model have been preserved that had stood the test of time.

      In this model, during the constitutional reform modernization of the system of power relations was carried out, to enhance the role and influence of Chambers of Parliament, which now bear more responsibility for the state of affairs in the republic.

      Due to the exchange rate at the full development of civil society institutions, harmonization of relations between state and society, constitutional prohibitions and restrictions on the more active cooperation between government and public institutions were removed, system of local government was modernized, which today fully meets the internal conditions and needs of our country.

      At the constitutional level, a momentum of a new stage in the judicial and legal reforms was given, aimed at strengthening the independence of the judiciary in the administration of justice. Scope of application of the death penalty is reduced and confined exclusively to terrorist crimes involving loss of life, and especially grave crimes committed in wartime, in the context of Kazakhstan is the actual abolition of the death penalty. Permission for judicial authorization of arrest, excluded the possibility of a constitutional ban on conducting the prosecution and the court investigation.

      The reform thus aimed at further democratization of state institutions and society was conducted. All of these system solutions which received constitutional recognition need to find a further embodiment of the current legislation of the Republic of Kazakhstan.

      However, fundamental changes in the world economy and politics, globalization, and the internal dynamics of the country do not allow complacency. In order to ensure compliance of national law with new challenges, improve its competitiveness it is needed to further improve the rule-making and enforcement of the state, finally to be freed from the legal tenets that do not meet the prospects for the 21st century.

      The determination of the Kazakhstan's ambitious goal – joining in 2050 the 30 most developed countries of the world places high demands on the national legal system, which should be conducted effectively to ensure the country's policy to improve the quality of human life, society and nation-building.

      Therefore, the Kazakh legal system should be able to compete in matters of convenience and reliability with the laws protecting the rights of the developed world. In the context of general globalization and growth in the global competition, many countries are faced with the need to modernize the legal systems and their closest approach to the needs of the people and the interests of investors. It is known that the competitive legal system draws under its jurisdiction more business and investment contributes to the implementation of bold and innovative ideas, the fruits of which are then used throughout the world, bringing dividends to country in which these ideas are implemented.

      Therefore, at the present stage of the successful implementation of priority national projects, the solution of pressing social and significant problems directly caused by a balanced legal policy, which requires maximum pragmatism that takes into account not only their own experience and practice, but, if necessary, borrow our national interest from institutions of others even if not traditionally legal systems peculiar to us that have proven to be effective in practice. Such borrowing with processes occurring in the world of convergence of different legal systems may be useful for the modernization of the national law.

      Previously a long way in the modernization of Kazakhstan law had been done. To further enhance the competitiveness of the domestic legal system it should continue to work on the systematization of the current legislation, the further consolidation by industry legislation; release it from the obsolete and redundant provisions fill gaps in the legal regulation, elimination of internal contradictions in the existing law; minimization of reference rules in the laws and practices of the expansion of the adoption of laws of direct action within the range of issues on which according to the Constitution may be adopted by legislative acts.

      Particular attention should be paid to forecasting and analytical support of law-making, which will be based on continuous monitoring of trends in the development of areas of law and legal systems, the analysis of the practice of normative legal acts.

      This will create a control system modern in content and methods to reflect all stages of rulemaking and enforcement activities for each act - its development, adoption, use, modification and additions, invalidation or development of a new instrument.

      Through such procedures and mechanisms activities of the state bodies is being optimized and becomes standard-setting. In this wide application of sociological methods in the legal monitoring, it will allow to take into account public opinion in the course of legal policy.

      International standards will be introduced for assessing regulations, which will take fuller account of the interests of citizens, society and the state, to ensure effectiveness, efficiency and rationality of the law.

     It is important a regulatory consolidation of all kinds of scientific examinations of draft regulations by determining their criteria, objectives and stages of their conduct. Such approach would allow for examination in the law-making process to provide a full accounting of financial, economic, social and political implications of the regulations.

      There is a need to introduce scientific expertise on drafts of international treaties of the Republic of Kazakhstan also. R950000468

      Thus, the development of scientific expertise will help to solve the problem of preparation of draft laws and regulations to meet current state and prospects of development of society and the state.

      Currently, on the level of the law 17 areas of legislation were defined, regulation of which should be done by the codes.

      However, codification is not the only tool of systematization of legislation. It is necessary to use other tools, such as consolidation, representing the union of the law governing in a single legislative act a certain relationship.

      In this regard, the introduction and legislative strengthening of the concept of "consolidated" or "comprehensive" law are promising, the subject to regulation of which would be the legal relationship having a complex matter.

      As for codification, the highest form of this systematization of law should be used carefully and fairly limited, and mainly to the existing areas of the law, in the areas of homogeneous social relations, where codification cannot be achieved without effective regulation.

      Adoption of any code should be preceded by a large standard-setting and enforcement practice, its careful monitoring, analysis and evaluation, put on a systemic basis. Branch of the law should be "mature" to the level of codification.

      Laid down in the Constitution of the foundations of economic freedom and formed on the basis of the Basic Law of the legal space gave a powerful impetus to the development of the creative initiative of people and become a factor of modernization in all spheres of public life.

      Economic growth and business development led to the formation of the country's legislation, which became the legal foundation of the system of economic reforms, dynamic, but non-uniform in nature.

      However, at the present time, there is need to address the multiplicity and cumbersome in the legislative regulation of business activity, as well as facilitating the maximum application availability and business laws in the economic sphere.

      Specified dictates the need for a central act - code around which would be built a system, which regulates the business.

      In any society, there is a complex system of socially significant interests. The implementation of such interests is carried out, including through formal and informal mechanisms for lobbying in the legislative process. In this regard, to the phenomenon of lobbying, it is necessary to give a legal framework and thus regulate relations connected with the promotion of development, discussion and adoption of the draft Law.

      Should be widely and routinely involve rulemaking members of the public, non-governmental organizations and associations representing the interests of private enterprise.

      It is necessary to constantly improve and increase the level of legal technique, which determines the quality of regulations and the overall level of culture to work with documents in the state apparatus.

      Prospects for improving legal frameworks are largely due to the widespread introduction of information technologies in the law-making and enforcement process.

      In this regard, in order to create the basic infrastructure components of "electronic government", the formation and the effective management of the data bank of normative legal acts is optimal functioning of the Reference Bank normative legal acts in electronic format. At the same time must be added to the legislation provisions for an electronic form of normative legal act, which would be a major step in the informatization of the national law.

      Further measures are needed to improve the current practice of rulemaking.

      The content and quality of the laws, adequate reforms implemented in the country, will be achieved through the effective functioning of government institutions, to ensure a constructive and dynamic interaction between the legislative and executive branches of government.

      Thus, we need a uniform legal policy based on the current trends in society, experience and science-based, fundamental concepts of short and long term prospects of Kazakhstan's state and society.

 

   2 Main directions of development of the national law

 

     Further implementation of legal ideas and principles of the Constitution of the Republic of Kazakhstan is needed, which should be embodied in the legislative, institutional and other measures of the state.

       Efforts of the state and public institutions should focus on implementation of the creative potential of the Basic Law, which is contained in all of the constitutional establishments.

      In the process of improving the legislation and the course of enforcement it is needed to adhere strictly to the principles of supremacy of the Constitution and the relevant provisions of acts of lower-level acts of a higher level.

      Systemic measures to ensure the legality of the regime in the country and the stability of the legal system and the progressive development of national law under the current Constitution are needed. An integrated approach to legal policy will modernize the entire legal framework in the context of the overall development strategy of the state, including building a qualitatively new model of public administration on the principles of efficiency, transparency and accountability, ensuring the protection of the rights and freedoms of citizens, the interests of society and the state.

 

      2.1. Foundation of the national legal system is a constitutional right. Its progressive development based on the principles and norms of the current Constitution of Kazakhstan, which is largely updated in the constitutional reform of 2007. Z070000254

      Ideas and principles enshrined in the Basic Law of the country in the long term determine the main directions and mechanisms of development of the national legal system, including constitutional law. The most important task is a full-blooded implementation of the principles and norms of the Constitution in the first place, in the activities of the government and its officials, ensuring at the same time the direct effect of the Constitution, and the realization of its potential in terms of the current legislation and enforcement.

      Compliance and implementation of the fundamental principles of the republic, enshrined in the Constitution of our country (it is public concord and political stability, economic development for the benefit of all the people, Kazakhstan patriotism and resolution of the most important issues of state by democratic methods) will allow to ensure sustainable socio-economic and political and legal development.

      Foundations of the constitutional order of the Republic of Kazakhstan, the sovereignty and the unitary state will be strengthened through improvement of constitutional law and practice.

      Prospects for the development of constitutional law related to the improvement of the existing constitutional laws defining the structure of the state, the unity of state power, mechanisms of its branches and their interactions with each other under the policy guidance, control and arbitration by the popularly elected President of the Republic of Kazakhstan.

      One of the important mechanisms for the mode of constitutional legality, the accurate interpretation of the principles and norms of the Constitution, the formation of development targets of the national law and practice to improve the efficiency of the Constitutional Council and exhaustive practical implementation of its regulatory decisions in the legal policy of the state.

      During the further approval of the country the rule of law is important, on the one hand, to achieve the greatest possible assurance of the constitutional rights and freedoms of man and citizen, and on the other, unconditional and comprehensive implementation of constitutional duties by all state bodies, officials, citizens and organizations.

      To ensure the rights and freedoms of man and citizen it is important to create conditions that guarantee the equality of rights and freedoms without distinction of origin, social, property status, sex, race, nationality, language, attitude to religion, convictions, place of residence or other any circumstances as required by our Constitution.

      In this context, the role of legal mechanisms in the preservation and strengthening of inter-ethnic harmony, ensuring the unity of the multinational people of Kazakhstan will increase.

      Kazakhstan is a secular state, in which there is a peace and inter-faith harmony, respect and observe of the rights of both believers and citizens with atheistic views. The state does not interfere in the sphere of religious activity, but should provide an interaction with confessions and protect the right of citizens to freedom of religion, which is to be built an effective public policy in this area.

      Further improvement, compliance and uniform application of the law on freedom of religion in the regulation of missionary activity, the distribution of religious products, registration of religious associations is needed.

      In modern conditions, a growing role will also play a factor in gender equality in political and public life, equal rights and equal opportunities for women and men.

      Consistent and sustainable development of Kazakhstan as a dynamic, modern state with high standards of quality of life is possible only on the basis of activation of human development, growth entrepreneurial citizens, strengthening of civil society institutions.

      In this regard, it is needed legal instruments that give an additional impetus to the development of civil society and the possibility of realization of civil initiatives.

      The status of non-governmental organizations should be improved, regulatory mechanisms need to be tailored for non-governmental organizations as well as public support to NGOs.

      The legal and regulatory of information issues must also be improved. In general, the activity and the mechanisms of legal regulation should be aimed at guaranteeing freedom of speech, freedom to receive and disseminate information by any means not prohibited by law, subject to the constitutional rights to privacy, personal and family secrets, the confidentiality of correspondence, telephone conversations and other communications, as well as compliance with the law on state secrets.

      Development of civil initiatives is closely linked to issues of local self-government. This institution, located at the intersection of state and civil society, also demands the strengthening and development. In particular, in light of experience to carry out not only the distinction between the functions of public administration and local self-government, but also widely attract local governments to participate in the implementation of state functions that have local significance.

      The results of the development of local self-government should be an increase of the role and activity of the population in matters of local importance.

      At the same time, in order to build an effective system of state administration and self-government this work should be carried out simultaneously with a further separation of activities, roles and responsibilities between different levels of government.

      Such work must be accompanied by adjustment status of the local representative and executive bodies in terms of rational distribution of state and local governmental beginning. From this perspective, the law on the administrative-territorial system is necessary to clearly define the role and purpose of each of the administrative-territorial units that serve as the basis for a proper definition of the role and purpose of each organ of state power and local self-government. It will also more accurately reflect the status of the various features of the legislation of the administrative-territorial units, including single-industry towns, and the activities of government institutions to ensure adequate standards of living.

      Footnote. Subsection 2.1, as amended by Presidential Decree of 16.01.2014 № 731.

      2.2. Development of the system of public administration in Kazakhstan is inextricably linked with the legal provision of administrative reform aimed at establishing an efficient and compact the state apparatus, the introduction of new management techniques, improvement of administrative procedures. And this is a sphere of regulation of this area of ​​law as administrative, the most important task, ensuring the effective functioning of the state apparatus at all levels of government. In this regard, in the field of public administration administrative law should be directed to:

      ensuring the rational and clear division of competence between state bodies;

      prevention in a market economy, excessive government regulation, including the control and supervisory functions;

      regulation of the conditions and procedures for the implementation of state functions by the executive branch of government;

      provision and organization of interaction between government and citizens and organizations.

      However, in the present circumstances, when the role of government regulation of the economy, we should talk about empowerment of administrative law and the dissemination of its regulatory capacity on the new social relations.

      With the further development of administrative law, if possible, should move away from the existing traditional approaches in relations between the state, citizens and non-governmental organizations, based on the one-sided power principles. From the principles of "power and subordination" in full impossible to refuse, but should expand the scope of the partnership-promoting, functional and client, especially conservative principles.

      In this regard, it is necessary to continue to improve the registration, licensing procedures, the creation of barriers to illegal government intervention in the activities of commercial and non-profit organizations.

      It should improve the mechanisms for citizens' appeals to state bodies and officials of the state as a form of participation in public administration and a method of protecting their rights and freedoms, including the broadening of the range of services provided by the state through the "e-government".

      Further modernization of basic infrastructure components of "electronic government" can be carried out through the implementation of elements of the "e-justice", successfully operating in Western European countries. This will gradually move to paperless handling of citizens and legal persons in public authorities and courts.

      At the same time it is necessary to regulate the relations connected with citizens in non-governmental organizations for the protection of their rights and legitimate interests, including compliance with the timing of the review, the liability of organizations and their officials for considering complaints of consumers of their services.

      Thus, in the present conditions administrative law covers not only the scope of state-power relations. In the orbit of administrative law are public institutions and relationships with individuals and organizations in the provision of public, i.e. public services. In this case, the legal nature of public services is different from the normal state functions, as noted in the decision of the Constitutional Council.

      In fact there is a new Institute of Administrative Law, which regulates relations in the sphere of public services to citizens and organizations. To ensure the functioning of this institution an appropriate legal framework is needed.

      Adequate administrative and legal regulation will require full implementation of standards for public services. Necessary to expand the roster of public services, the introduction of effective external control over their execution using the latest technology. Provision of a certain public services on the principle of "one window" requires the formation of an appropriate legal framework governing the activities of CSCs.

      Development of administrative law should be considered not only through traditional vertical relations of power and subordination, but also through the lens of social interests, and often divergent.

      With the help of administrative law, state-guaranteed rights of citizens and organizations are implemented, because security and protection of these rights is the public interest of the state.

      At the same the subjects of administrative law (organs and officials of the state, local governments) are carriers of the public interest, a task of which  a protection and realization of human rights and legal interests of citizens and organizations.

      In other words, protecting and fulfilling the rights and legitimate interests of citizens and organizations, elevated to the rank of the public interest is a modern content remedial function of administrative law.

      In modern conditions, due to the increasing complexity of multiple social life, there are often mixed relationships, hence the need to address issues outside of the administrative law and its relationship to other branches of law, and especially administrative law with civil law in the event of mixed (administrative and civil) relations.

      Control and supervision of public authorities being functions of government, on the one hand, and the ways to ensure the rule of law, on the other hand, the question remains of administrative law.

      The relevant decision of the Constitutional Council had resolved the question of the relations between control and supervisory powers of state bodies. It was confirmed that in our country there is no constitutional limitations to empower public bodies, within their competence, control and supervisory powers. That is, the supervisory authority may be imposed on the other, except for the prosecutor's office, the public authorities.

      Thus, along with the Procurator's Office is entitled to administrative supervision by the authorized officials of the executive in relation to insubordination of subjects - individuals and organizations in order to ensure compliance with the law in the areas governed by administrative law, using as stipulated by law of administrative coercive measures.

That is the task of administrative supervision, with strict observance of the rights and legitimate interests of citizens and organizations to ensure compliance with the administrative law regime.

      Promising ways of improving control and supervision related to:

      optimization of regulatory bodies;

      streamlining and reducing the scope of supervisory authority, not only in regard to entrepreneurs, but also other entities;

      increased levels of legal regulation of administrative and supervisory activities.

       Subject to regulation by the administrative law are also relations in the public service. The priority directions of its development are assumed as:

      a clearer separation of political and administrative civil service;

      the formation of new and modernization of existing human resources management institutions in the public service;

      introduction of new methods of selection for the civil service on the basis of their professional and personal characteristics;

      the introduction of new principles of remuneration and motivation;

      introduction of modern systems of evaluation of public employees, focused on the end of result.

       An important part of administrative law is an administrative tort law, the prospects of which are associated with the updating of legislation on administrative offenses, which should focus on the recognition of constitutional provisions on the rights and freedoms of man and citizen directly applicable, the meaning, content and application of laws.

      Legislation on administrative offenses shall be as directed to a remedy, prevention and legal conflicts in society, administrative and legal measures. In this case, the formation of the administrative and legal sanctions should be strictly adhered to the principle of proportionality, their degree of social danger and offense.

      Should develop a clear concept of the division of powers between the court and non-judicial authorities to consider cases on administrative offenses. In this case, the updated legislation on administrative offenses should be simple and effective to use, and aimed at primarily non-judicial protection against encroachments on the rights and legitimate interests.

      For administrative and tort law are topical issues more clear definition of legal, protected administrative tort law and accordingly a clear distinction between administrative law and criminal law sanctions.

       Another important area is the development of administrative and procedural law, the apex of which would be the adoption of the Administrative Procedure Code. It should be very clear on the subject of regulation of the administrative procedure. In this context, questions remain relevant legislation regulating the manner of dealing with particular cases of administrative offenses.

      Also in the context of the administrative procedure law should consider the question of administrative justice, resolving disputes about the law, arising from public legal relations between the state and the citizen (organization). That is to be considered the question of procedural separation and legitimation order to resolve conflicts public law.

      Thus, the administrative proceedings should become a full-fledged form of administration of justice, along with criminal and civil litigation.

      Footnote. Subsection 2.2, as amended by Presidential Decree of 16.01.2014 № 731.

2.3. Tax legislation requires further improvement.

      Developed, clear tax laws is one of the most important conditions conducive to the formation of a favorable investment climate, attract domestic and foreign investment. In this regard, the tax law should be directly related to industrial and innovation strategy of the country: it should help the development of non-oil sectors and to introduce new technologies in the country.

      Global trend is to reduce the tax burden. While improving the tax laws should be used advanced foreign experience, which is based on the following generally accepted principles of building a system of taxation:

      taxes should be as low as possible;

      should be minimal and the cost of their collection;

      taxes should not hinder competition;

      taxes must comply with the structural policy of the state in the economic sphere;

      taxes should be aimed at a fair distribution of income;

      tax system should eliminate double taxation.

      Consideration should be given the possibility of introduction of the institution of the consolidated tax when one or more of the taxes paid by the "mother" company on behalf of a group of related companies, and such a group of related companies ia treated as one taxpayer for this tax.

      Further work is needed to simplify tax reporting, reforming certain types of taxes, providing tax incentives for certain categories of taxpayers.

      Customs legislation should be developed in the direction of simplification and harmonization of customs procedures in order to eliminate differences in customs rules and procedures, which may hinder the development of international trade and exchange, and promote international cooperation.

      Need to continually improve and enhance the effectiveness of customs rules and procedures in order to reduce unnecessary administrative barriers; provide predictability, consistency and transparency in the application of customs rules and procedures; interested parties should be provided with all necessary information; requires the use of modern methods of customs administration, such as controls on the basis of risk management and audit methods; maximum use of information technology; implementation of international customs standards.

       One of the important tasks of national law is to ensure the modernization of public financial control, as it is the control activities of the State in the field of finance is one of the most effective tools to ensure the efficiency of the management of state assets, and first of all financial resources. It is necessary to strengthen legal, including procedural bases of functioning of state financial control bodies.

       Effective public policies in the sphere of natural monopolies and regulated markets is largely dependent on the state of the regulatory framework, which should be aimed at promoting financial and economic activities of regulated entities of natural monopolies, creating conditions for increasing capital (investment) investment in the assets of such entities, motivate them to increase productivity and reduce costs, improve service quality.

      It is also necessary to improve the legal framework defining the basis for state regulation and control over the activities classified as a state monopoly, and the basics of state protection and support fair competition.

      2.3.1. Strategic importance for national development and growth of the national economy has a wealth of natural resources of our country. In this regard, the legislation on subsoil and attracting investment in this area should not only be attractive to domestic and foreign investors, but also the most responsive to global demands careful and rational relationship to the resources available.

      Although Kazakhstan is rich in mineral resources, this benefit should be used to provide more modern development opportunities, and to meet the needs of future generations.

    Investments in the development of so-called "green economy" must be attractive, and incentives should be provided for this purpose in the current law, thereby forming a legal culture based on resource values.

      Thus, legislation in this field should reflect the requirements to:

      high-tech approach to the development of fields;

      compliance with the highest environmental standards in the implementation of investment projects;

      greater involvement of national staff in all areas and at all stages of the implementation of investment projects;

      mining by foreign investors, as a rule, subject to the transfer of technology and the creation of new industries in Kazakhstan;

      transparency of the process of issuing permits for subsoil use.

      Footnote. Concept supplement section 2.3.1 in accordance with the Presidential Decree of 16.01.2014 № 731.

2.4. Civil Law of Kazakhstan passed several stages of its development. The current Civil Code, codified as the largest act of the Republic, laid down the basic principles for the regulation of commodity-money relations: the equality of ownership and its inviolability, freedom of contract, equality of civil turnover.

       At the present stage of development of private law in the first place put forward the problem of correlation of public and private law methods of regulation of social relations, and as a derivative of the limits of government intervention in private sector activities.

       Necessary to optimize the relationship between the civil law and other branches of law, taking into account of public and private legal interests. In this case, we consider that a public law relationship cannot be regulated by contract-legal methods. Especially it concerns the sphere of national security and public safety.

It is needed to continue to expand discretionary private law, which means the opportunity for persons involved in its sole discretion to dispose of their substantive and procedural rights to the extent that it is not prohibited by law. In this case, application of the principle of optionality should not apply to civil relations that affect the public interest.

      It is important to decide on the general concept of affiliated transactions, while emphasizing that they are not prohibited, but in the cases specified by law are subject to prior review. The finding of affiliation should be the basis for the possible invalidation of the transaction at the request of the person whose legitimate interests are violated such a bargain.

      Require the consideration of the status of the joint-stock companies in accordance with their legal nature and complexity of the issues involved, including in the context of the so-called "public corporations". It should be conceptually decided on the possibility of using the legal form of the company as a non-profit organization.

      Consideration should also be fixed in the Civil Code of the entire spectrum of the securities involved in the civil turnover.

      The practice of applying civil law shows a lack of settlement of certain damages caused by a violation of civil rights. In this context, is to establish the actual procedure for determining the actual damage and loss of profits.

     Improvement of invalidation of transactions Institute is necessary.

     We should develop a legislative incentives for voluntary insurance transactions involving citizens, the subsequent recognition of the illegal seizure risk which contains the subject of the transaction at one of the parties.

Thus, it is necessary to clarify the concept of transactions, their composition and the consequences of default transactions.

      Experience shows the need for legislative expand the types of property rights, in this case to include the notion of servitude.

      It is also necessary to consider extending the grounds for the emergence of property rights. In this case, it is needed to be clarified not only the composition of property rights, but also the mode of use of individual species.

      In order to stimulate entrepreneurial activity it is necessary to consider the introduction of agents in the number of civil rights and regulation of questions of the agency agreement is widely used in property turnover contractual Institute.

      Measures should be taken to improve the general and special provisions of the Civil Code of Commitment.

      This involves paying careful attention to bringing regulatory legal acts defining intellectual property rights, in line with international standards in this area, but taking into account the national interests.

      In the field of copyright, the most important task is to improve the protection of specific copyright. In particular, requires a deep study of the state of protection of copyright works, placed on the Internet.

      An improvement of the legal protection of technical solutions is required - inventions utility models and industrial designs. It is necessary to legally refuse protection for an invention (innovation patent) issued without verification of technical solutions for the global criterion of novelty.

      In order to attract advanced technologies and high-tech investments to further strengthen the protection of the rights of foreign patent owners and investors, as well as a broad awareness of the business community about the nature of modern Kazakh patent system.

      Problematic side of the law on protection of intellectual property is the lack of laws on the protection of undisclosed information and trade secrets (know-how), and the secret inventions and trade names. This gap should be filled.

      The matter of ownership of intellectual property created at the expense of the state budget is also needed a decision. Currently, these objects belong to the developer, among whom there are private individuals. It is necessary to resolve the issue of the public authority that owns the intellectual property rights.

The regulation of bankruptcy procedures are also need an improvement, especially bankruptcy entrepreneurs.

      Footnote. Section 2.4 as amended by Presidential Decree of 16.01.2014 № 731.

2.4.1. Issues of business law development

       Civil Code, now serving as the core for all private, including business law, is not able to reflect the diversity of the basic relationships in the modern economy, and even more so, to regulate public-law relationship in the field of entrepreneurship.

       One consequence of this, is a sharp increase in recent years of specialized laws governing business activities.

       For example, some sectors of the economy, falling under the Civil Code, are mainly regulated by special acts, and not always by the laws and regulations.

       In addition, current law does not take into account the diversity of legal entities. In particular, the solution of the problem of efficiency and compactness of government in the economic sphere leads to the regulation of the legal status of entities vested with public functions. Such entities exist in Kazakhstan's legal reality.

       In this connection, regardless of the decision by legal entities of public and private law, it is advisable to take appropriate measures, aimed at clarifying the legal status of legal entities with state participation, issues management and control of legal persons with state participation in the authorized capital.

       Business legislation is ripe for renovation. It needs a new quality of legislation governing this area.

       Entrepreneurial Code must become the guarantor of balance between public and private interests in the exercise of business activities by establishing at the normative level of mandatory rules of conduct (prescriptions).

       Requires clarification and unification of the terminology contained in the legislation regulating business, with fixing code in enterprise unified terminology for the field of public relations.

       In fact, this code should be a major legal obstacle to the growth of administrative barriers in the business, which also reflects the very best that there is in domestic and foreign regulatory practices of entrepreneurship.

       In the context of improving the business environment, you must create an environment in which the legal culture of business and business ethics would have developed by businessmen.

       Thus, currently costs the pragmatic problem of determining the common basic principles for the organization, regulation and operation of the business in the Republic of Kazakhstan.

 Footnote. Concept is supplemented with the section 2.4.1 in accordance with the Presidential Decree of 16.01.2014 № 731.

       2.5. Financial legislation should provide a favorable environment for the development and functioning of the domestic financial market, protecting the rights of consumers of financial services and to promote a level playing field for the activities of financial institutions, to maintain fair competition in the financial market.

       However, given the trends in the development of both the world and domestic economy, the priorities of the financial legislation should be linked with the improvement of the supervisory process, based on the monitoring of the financial stability of banks, assessing the potential risks of creating a flexible regulatory regime, responsiveness to the problematic issues in the banking, as close as possible the system of oversight of financial institutions to international standards.

       Legal regulation of the securities market will be focused on further developing and improving the competitiveness of the national securities market, creating favorable conditions for its members, issuers and broaden the base line of financial instruments, the development of the investor base and protecting the interests of investors.

       In order to facilitate the development of collective investment schemes, while ensuring protection of the rights and legitimate interests of the holders of units and shares of investment funds, should improve legislation governing the activities of investment funds.

       Another important aspect of the development of the securities market and protect the legitimate rights and interests of investors is to create a stable and transparent functioning of organized securities market.

       The legislation is intended to ensure favorable conditions for the functioning and development of the domestic financial market, protecting the rights of consumers of financial services and to promote fair competition in the financial market.

       In the country there is a modern system of compulsory and voluntary insurance, which has developed a complete insurance market. Meanwhile, the global context of the development of this market requires an appropriate legal response at the national level, taking into account the existing systems in the world of insurance and domestic law enforcement. As part of the legal issues of security in the face of strong development of electronic commerce, there is a need to develop the online security and regulatory regulation.

        An important tool of the market economy is the estimated activity, regulation, which also requires constant attention and improvement. In this context, requires a set of organizational and legal measures aimed at:

       the establishment of national standards of assessment;

     estimation of activity in line with international standards;

       improving the state system of regulation and self-evaluation.

2.6. In the Constitution of Kazakhstan the fundamental social rights and principles of the welfare state are enshrined. In this regard, one of the main tasks of the right is a further creating efficient mechanisms for social rights and the implementation of modern social policy.

       Social and legal policy of the state, which bears a comprehensive, multidisciplinary, aimed at addressing the whole spectrum of social problems. These include, in particular, the legal regulation of education and health services, employment and social protection of the population, the environment and non-emergency situations.

       In a market economy, the availability of labor market and employment problems and questions of labor relations. In this regard, it is necessary to the continuous improvement of labor legislation on the basis of a systematic analysis of its practical application and for an international experience in this field.

       In this study questions require further differentiation of labor and social legislation, depending on the nature of work and working conditions, as well as expansion of the scope and instruments of social partnership. Legal regulations are necessary applicable to the participation of persons with disabilities in employment, implemented by a team of national companies, national development institutions and other legal entities, shareholder is the state. At the same time, there should be specific safety requirements and working conditions for such persons, taking into account the state of their health.

       Special attention of the state, its agencies and officials should be directed to the creation of effective organizational and legal regulators of social attitudes of citizens.

       Every public servant should understand that in the workplace the state is a power, by virtue of which the most carefully and with interest to treat every opinion of citizens, prevent or remove any conflicts that arise, wherever and for what reason they will not arise.

       Legislation in the social sphere should be mobile based on the dynamics of social policy priorities, and expanding the list of reasons provided by the state social benefits, the creation of new forms of citizen participation in identifying sources of funds allocated to social security. Level of social protection and social security will be systematically adjusted depending on the growth of the financial capacity of the state, which implies a continuous legislative process in this area.

One of the promising areas of social legislation are: the use of existing and creation of new, safe financial instruments used in the placement of pension assets; improving the system of social protection of certain categories of citizens, including those for which social benefits are the only source of livelihood.

      For our country, in some regions where there is a complicated ecological situation, it is very important to develop and further improve the environmental legislation, including in the context of its harmonization with international commitments and standards.

      In order to improve environmental performance should be a clear distinction between the mechanisms of legal regulation of the use of natural resources and protection.

      Environmental legislation should encourage the rational use of natural resources and compliance with environmental standards, the development of cleaner production and environmentally sound behavior of citizens.

      In need of improvement and consolidation of numerous regulations governing relations in the field of natural and man-made disasters, civil defense, fire and safety, which will improve the quality and level of legal regulation in these areas of public relations.

      Footnote. Subsection 2.6, as amended  2.7. Civil Law of the procedure is intended to provide access to justice, the maximum realization of the rights of parties to civil proceedings, timely protection and restoration of violated rights and freedoms of the individual and the interests of society and the state.

      Norms of the civil procedural law in pursuit of these objectives should take fully into account the changes caused by the rapid development of the economy and the need to resolve legal disputes, legal literacy of citizens.

      Modern realities require the introduction of a new system of consumer protection, strengthen the protection of property rights and contractual obligations, which also provide for the correction of individual elements of the proceedings and the introduction of accelerated action proceedings.

      The introduction of accelerated action proceedings is not possible without upgrading the existing judicial system.

      New Code of Civil Procedure should provide flexibility of civil proceedings by setting differentiated terms for consideration of civil cases with a possible reduction in the number of courts in certain cases.

      Measures to improve the civil procedural law could be directed to:

      1) the maximum de-bureaucratization of the order of civil cases, including with regard to entrepreneurs;

      2) determining the jurisdiction of cases to specialized courts on the basis of the transition from the principle of subject solely to the determination of jurisdiction of the subject-substantive principle, that is, taking into account the categories of actors involved in the orbit of the proceedings, and depending on the nature of the relationship; by Presidential Decree of 16.01.2014 № 731.

3) further expansion of the simplified procedure of civil proceedings, including by expanding the scope of the writ proceedings, as well as simplifying the proceedings in cases which are under specialized courts;

      4) optimize the preparation of the case for trial in order to ensure a quick review and resolution of civil cases;

      5) empowering realization appellate court has authority to take a new decision on the case (revision of the merits) in order to expedite the final resolution of the case and to ensure realization of the right to appeal against judicial acts;

      6) securing a variety of ways and means of reaching a compromise between the parties to private law conflict (mediation, mediation, etc.) as in the court and out of court, including the obligation to discuss the possibility of using measures of conciliation procedures in preparing the case for trial, and the development of extra-judicial forms of protection of civil rights;

      7) regulation of the procedure for conducting the electronic proceedings and the use of information technology in the operation of the courts. It is an optimization of information exchange between courts and other state bodies without the need for recovery of information from the parties in the case, the possibility of a series of remote proceedings via video, television and video conferencing;

      8) to ensure maximum discipline of justice by providing the ability to limit their procedural rights and material interests in impeding the rapid and qualitative examination of the case, the concealment of evidence, evading participation in court.

      It is also possible the consideration of criminal prosecution in civil proceedings for obvious crimes for contempt of court.

      Footnote. Subsection 2.7 in the wording of the Decree of the President of the Republic of Kazakhstan from 16.01.2014 № 731.

2.8. The most important link is the legal policy of the state criminal policy, the improvement of which is carried out by a complex, interconnected correction criminal, criminal procedure and criminal law enforcement, as well as law enforcement.

       Assessing the current state of the criminal law, it can be stated that in general, its progressive development is ensured. The Criminal Code is a very efficient tool to combat crime and the criminal-law protection of the rights and freedoms of the individual and the interests of the state and society.

      Further development of the criminal law, as before, should take into account the dual-track criminal policy. Humanization should deal primarily with first-time small and moderate criminal offenders, as well as vulnerable groups - pregnant women and single women with dependent minor children, minors, the elder people. However, you must continue to pursue a tough criminal policy against the perpetrators of grave and especially grave crimes, hiding from criminal prosecution, as well as recidivism.

      The most important direction of development of the criminal law is to determine the possibility of a phased reduction of the scope of the criminal repression by extending the terms of exemption from criminal punishment, especially in relation to persons who do not pose a great danger to society (minors, persons who have committed crimes of negligence, to other persons - in the presence of mitigating circumstances).

      Important as well is to bring the criminal law into line with international treaties ratified by Kazakhstan. This, in particular, is not only about decriminalization, but the reverse process of criminalization of certain types of offenses, as well as the introduction of criminal liability of legal persons for certain categories of criminal acts, including environmental, economic and corruption offenses.

      New approaches are needed in the definition of criteria for the classification and categorization of criminal offenses. As it is done in some countries, the Criminal Code could be based on a classification of criminal offenses: crimes relevant categories and criminal offenses. Conviction for a criminal offense should not result in a criminal record.

Thus, the criminal policy of the state should be directed to:

      an introduction to the criminal law of the category "criminal offense";

      further decriminalize do not pose a major public threat offenses in the economic sphere, with transfer to an administrative infringement, as well as re-evaluation of the severity of certain criminal offenses by transferring crimes to criminal offenses or leniency (decriminalization);

      strengthening the criminal liability for crimes that infringe on minors, their rights and legitimate interests of terrorist, extremist and corruption offenses, for offenses committed in an organized criminal group or a criminal association;

      extension of the application of criminal penalties not involving deprivation of liberty, including the exclusion of certain sanctions penalties of imprisonment or a reduction in the maximum terms of imprisonment;

      determination of penalty as one of the most effective types of criminal penalties and the possibility of expanding its use;

      establishing the proportionality of punishment in the sanctions of the Criminal Code, related to the same category of severity, and their compliance with the principle of fairness of punishment;

      introduction of alternative measures to criminal penalties of state coercion;

      continuation of the policy of gradual reduction of the use of the death penalty;

      Improving the institutions of exemption from criminal liability or a sentence, parole from serving a sentence.

      Further improvement of the criminal law is related to improving the quality of law - a law that restricts the constitutional rights and freedoms must comply with legal certainty and predictability of the consequences, that is, its rules must be formulated with sufficient precision and based on clear criteria to unequivocally distinguish legitimate from unlawful behavior, eliminating the possibility of arbitrary interpretation of the law.

      Footnote. Subsection 2.8, as amended by Presidential Decree of 16.01.2014 № 731.

2.9. Effectiveness of the criminal policy of the state is not possible without an optimal model of criminal justice. Therefore, when speaking about the prospects of criminal procedural law, it must be emphasized that the current Criminal Procedure Code of the Republic basically led the criminal justice system in line with the characteristics of a modern democratic and legal state. The main aim of the legislator was to form the criminal procedure law, based on the recognition of the constitutional provisions on the rights and freedoms of man and citizen directly applicable, the meaning, content and application of the law and ensure justice.

      Therefore, the priority development of the criminal procedure law is further consistent implementation of the fundamental principles of criminal justice, to protect human rights and freedoms.

      This requires the development of optimal legal mechanisms for the effective application of the criminal procedural law and the law on the operational-search activity, for the rapid and full disclosure of crimes, expose and bring to justice those who have committed them, a fair trial and a proper application of the criminal law.

      The legal procedure in criminal cases should be strictly provide protection against unjustified accusations and condemnation of the illegal restrictions on rights and freedoms of man and citizen, in the case of illegal prosecution or conviction of an innocent - immediate and complete his rehabilitation, as well as to strengthen the rule of law, the prevention of crimes, the formation of respect for the law.

      An important task is the strict observance of the rule of law, human rights and freedoms in the implementation of the operational-search activity. In this regard, it is necessary to strengthen the safeguards system of the rights and freedoms of citizens, to ensure privacy, responsible for the unlawful use of means and methods of operational-search activity.

      In this context, the need to develop evidence-based approaches to the legal definition of the concept of privacy.

      Measures should be taken to further develop the adversarial principle prosecution and defense in criminal proceedings.

      Thus, the main trends of the law of criminal procedure are as follows:

      legislative regulations concerning criminal proceedings in respect of criminal offenses with elements of protocol form;

      simplifying and improving the effectiveness of the criminal process, including the facilitation of pre-trial proceedings;

      legislative exclusion of pre-investigation;

      creating the conditions for increased use of preventive measures alternative to arrest, including collateral;

      the gradual introduction of new institutions of restorative justice based on reconciliation of the parties and the compensation for the damage caused;

      legislative development institute procedural agreement;

      further improvement of the mechanisms for the provision of qualified legal assistance in criminal matters is not only the defendants and suspects, but also to victims, witnesses.

      Footnote. Subsection 2.9, as amended by Presidential Decree of 16.01.2014 № 731.

2.10. In the penal sphere it is necessary to adopt the following set of measures.

      In order to minimize the involvement of citizens in the field of criminal justice, criminal repression saving measures necessary to create conditions for a wider application of criminal law measures that are not related to isolation from society. In this case, the law and jurisprudence should develop approaches in which the choice of the type and measures under criminal law would be based primarily on accounting data on the most likely its effectiveness in relation to a particular individual.

      At the same time for more active use of the courts of alternative measures to deprivation of liberty, it is necessary to improve the efficiency of their execution, which requires institutional development of a specialized body responsible for the implementation of such measures.

      Given that the deprivation of liberty is still the main type of criminal punishment, it is necessary to take measures to increase the educational component of imprisonment, which continues to dominate the component of punishment. In particular, it is necessary to further develop the content, forms and methods of correctional educational impact on convicted on the basis of the principle of individualization of punishment.

The solution to the problems of employment of persons sentenced to imprisonment by engaging them in socially useful work and / or training, social programs, re-socialization, including anti-drug, anti-alcohol content, or other forms of social activity is relevant.

      Along with preserving and providing high standards of discipline and order in the penal system, it is necessary to strengthen measures to ensure the psychological and pedagogical process execution (serving) of criminal penalties, to improve the status and maintenance of social and legal protection of the correctional system.

      Along with this, for prisons it is essential to ensure the safety of individuals, the rights and legitimate interests of the persons who are serving this type of punishment. Among the most promising directions in this area needs a gradual transition to the content of the order of the chamber in which the convicted person, referring to the day the possibility of movement and interpersonal communication within the institution during the night would have been isolated in a separate room.

      Maintain the balance between the interests of society and the state to punish those responsible and respect for their rights and legitimate interests of the sentence contribute to the established mechanisms of social control, the development of which should be paid attention to.

      It is also important to improve the quality of medical care for people who are in places of detention, particularly of disease prevention for persons serving a criminal sentence.

      Requires systematic measures aimed at ensuring targeted state policy in the sphere of re-socialization of citizens who are released from prison, as full members of society.

      In general, the system of execution of criminal penalties should continue to move towards a recognized international standards.

 

 

3 The main directions of development of law enforcement and judicial systems and human rights institutions

      3.1. Since independence, Kazakhstan has developed generally effective functioning of law enforcement system that meets the needs of a democratic and legal state.

      At the same time, the state law enforcement requires further development and improvement. In this regard, the main priorities in this activity should be: fight against crime, law enforcement and public safety, protection of the rights and freedoms of citizens, the inevitability of the reaction of the state for any offense, strict adherence to the principle of "zero tolerance" to the offenses, fast and full disclosure of crimes, expose and bring to justice those who committed them, prevention of crime, the interaction with the citizens in the fight against crime.

      To solve these problems it is necessary not only to strengthen the law enforcement agencies, and to improve the forms and methods of their work, but also to ensure the stability of personnel policy, to raise the requirements for qualification and discipline of law enforcement officers.

      As part of the next phase of modernization of the national legal system, there is a need to reform the criminal law, criminal procedure, criminal enforcement and administrative and tort law through the development and adoption of new editions of codes that will serve the interests of the protection of constitutional rights and freedoms of citizens and bring our law enforcement system to levels that enable to adequately respond to contemporary challenges.

      Fundamentally new look of criminal justice requires a commitment to that law enforcement and judicial systems, the whole state apparatus.

      Over the past two decades, despite the measures taken, the changes in the law-enforcement largely consisted of modernization measures in the framework of the Soviet paradigm.

      With the introduction of the same new criminal law and especially the criminal procedure law system occur fundamental changes in the law enforcement system.

      Adaptation to the new conditions and the ability to work effectively in the legislative field, where human rights are overriding require primarily improve the Prosecutor's Office, which is the core of the law enforcement system of the country.

It is necessary to increase the effectiveness of the supervisory activity of the prosecution as its main function.

      Further improvement of the procedural bases of activity of the prosecution is in need. Within this framework, it is necessary to enhance the role and responsibility of the public prosecutor in pre-trial proceedings, including investigations by prosecutors of criminal cases on crimes that pose a serious danger to the public and complexity, as an integral part of the function of criminal prosecution, carried out by the prosecutor's office.

      It is needed to continue to improve the effectiveness of the coordinating function of the prosecution in relation to law enforcement, including through appropriate legal regulation of this function.

       The main tasks of the Interior are to protect the public order and public security, the fight against crimes against the person, property, and other common crimes. The effectiveness of the internal affairs bodies depend on the security and tranquility of citizens, the state of crime and the level of crime in the country, and therefore the process of improving the law-enforcement bodies should be focused on ensuring the rapid and adequate response to the criminal manifestations and prevention of crime.

      Financial police, carrying out tasks assigned to them for Combating Economic Crimes and Corruption, fully justified its purpose.

      However, in a market economy, the financial police must constantly improve the forms and methods of work, to be able to effectively counter the economic and corruption criminality constantly mimic today. Financial police must be on a systematic basis to resist economic and corruption offenses, to identify and remove the causes and conditions that contribute to corruption. One of the main tasks of the financial police is to ensure the safety of the business, with the exception of unwarranted interference in its activities.

      It is necessary to optimize the structure and functions of law enforcement agencies in order to establish a more effective organizational and administrative arrangements and the efficient allocation of the corresponding functions, and therefore the relevance still have questions about the release of law enforcement officers from non-core functions. At the same time during the administrative reform in law enforcement need to be considered peculiarities and specifics of their activities to the measures taken have not resulted reduce their law enforcement capacity, reduce opportunities in combating crime.

      For law enforcement officers are required to uniform legal standards and norms of service, including special qualifications similar to the qualification requirements for categories administrative positions, you need a competitive procedure for recruitment to the police.

      At the same time a policy should phase a demilitarization of certain law enforcement agencies maintaining military and special ranks for military and law enforcement agencies, directly performing basic tasks and functions assigned to these bodies.

In order to ensure effective law enforcement, it is necessary to establish clear criteria for their evaluation, it is not only in quantitative terms, but also in terms of quality evaluation parameters. The main indicator of law enforcement should be the level of trust in the citizens.

     It is necessary to constantly work on improving the efficiency and organization of the activities of the investigative unit, including taking measures to improve the procedural status of the investigator.

      Law enforcement agencies need new management technologies. Individual measures in this direction could be the approval of mandatory standards for the provision of public services, the implementation of "e-government" and service technology (video conferencing, digital signatures, local area networks and other means of electronic / digital communications) in their activities, in particular, for their Procedure interaction associated with the authorization of the measures of state enforcement and investigative activities, conduct interviews and more.

      It is needed to improve the order of empowerment and certification of police inspectors, in which fully take into account the views of the population.

      It should also continue to work on the timely introduction and proper application of the law to ensure national security, including prevention and control of the spread of terrorism, ethnic and religious extremism, illegal migration, drug abuse and trafficking, human trafficking, computer crime, illicit manufacturing of and Trafficking in Firearms, international crimes of corruption, as well as within the scope of money laundering.

      An important task of law is the definition of the foundations of national security information, the main threats in this area, mechanisms for implementing a unified state policy in the field of information security.

      Footnote. Subsection 3.1, as amended by Presidential Decree of 16.01.2014 № 731.

  3.2. Kazakhstan's judicial system as a whole meets the needs of ensuring effective judicial protection of the rights and freedoms of citizens and lawful interests of organizations and the state.

      The development of the judicial system will be based on continuity and gradualism and is expected in the following areas.

      The main vector of its development is the specialty of courts and judges, including the development of the juvenile courts, the creation of specialized courts to hear criminal cases in the future, the formation of tax and other specialized vessels.

      In the future, also based on existing administrative courts, it is necessary to establish a system of administrative justice which considers public disputes with the transfer of administrative cases in the jurisdiction of the courts of general jurisdiction.

      As a result, improving the judicial system should be no duplication of functions by various courts.

      According to the Basic Law of the judge in the administration of justice shall be independent and subject only to the Constitution and the law (Article 77, paragraph 1). Judicial act should make the most exhausting conflict, and not to generate new conflicts between the parties embroiled in litigation.

      Prospects for the development of the judicial system are also associated with the possibility of a phased expansion of the scope of judicial control in the pre-trial proceedings.

      A system of arbitration and the arbitration courts will be developed.

      Society is interested in the full, objective and impartial coverage of the judiciary. For this purpose, it is necessary to raise the level of openness and transparency of the judicial system, in particular, by providing greater access to information about the activities of the courts.

      The introduction of modern means of fixing judicial information will facilitate the implementation of the principle of adversarial proceedings. Systematic computerization of the judicial system will provide operational information and legal support to the justice process, simplification of procedures and shortening of cases, improving the efficiency of execution of the judgment.

Measures are needed to further improve the procedure for the selection of judicial personnel, matters tougher qualifications for judges, since professionalism and high moral qualities of judges form the basis of quality of the judiciary. Also it requires a strict control on the part of the magistrates over the observance by the judges with the Code of Judicial Ethics, adequate and prompt response to all violations permitted.

       For strengthening guarantees of judicial independence is the most important issue a full implementation of the requirements of the Constitution that the funding of courts and judges with housing provision "shall ensure full and independent administration of justice", which implies a gradual increase in the level of social protection of judges and logistics ships, taking into account the financial capacity of the state.

       At the same time, for interfering with the administration of justice, contempt of court the perpetrators should be held responsible under the law.

       The final stage of the proceedings is the enforcement of judgments, so you must take steps to ensure their strict implementation. In this regard, the introduction of the institution of private bailiffs, along with the state judicial execution, an important measure of improving the efficiency of the proceedings. As part of the mixed model of execution of judgments, only state bailiffs should have the right of enforcement documents on penalties to the state.

       Need to ensure strict enforcement of judicial acts, including by strengthening the responsibility for failure to comply with the judgment, the further expansion of the use of restrictive measures against debtors gain procedural judicial enforcement proceedings.

       Footnote. Section 3.2, as amended by Presidential Decree of 16.01.2014 № 731.

3.3. Building the rule of law in Kazakhstan requires further development of specialized institutions related to the protection of the rights and freedoms of citizens.

      An important mechanism in the system of protection of the rights and freedoms of man and citizen became Institute of the Ombudsman. The creation of this state human rights institution was a major step to deepen democracy in Kazakhstan. Experience shows that it is necessary to consider enhancing the effectiveness of this institution.

      Leading role in the system of human rights institutions plays advocacy, which is the kernel of the system of providing legal assistance to citizens.

      Implementation of the citizens of their constitutional right to qualified legal assistance is a prerequisite and guarantee access to justice. Mechanisms for the implementation of this law need to be improved.

      Introduction of jury trials, transfer vessels authorizing arrest a positive impact on the role of advocacy. However, the procedural rights lawyer as an active participant in the criminal process requires effective legal mechanisms for implementation.

      Improving the system itself requires the provision of legal aid. First of all it is necessary to improve the system of legal assistance to people with low income.

      It is needed to consistently solve the problem of uneven provide attorney services in urban and rural areas.

      Also it requires correction system administration payment of lawyers providing free legal aid. This system is necessary to make a consolidated and transparent, allowing more efficient use of budgetary resources.

      It should also be based on the experience of countries where the institute of compulsory liability insurance of lawyers to consider the introduction of such insurance in our country.

      One important task is to improve the notarial activity. A legal definition of the role of notaries as part of a legal infrastructure that provides extra stability and legal security relations in the civil turnover, high-quality protection of the rights and legitimate interests of citizens and organizations is necessary. National model of notaries should ensure the availability of notarial assistance throughout the country.

 

   4 Legal security of Foreign and Economic Affairs

        Legal policy of the state in the context of globalization is the ever-increasing international legal aspect. In this regard, one of the important directions of this policy is legal support foreign policy and foreign economic activity.

      Such activities aimed at protecting the long-term national interests in foreign policy, mutually beneficial cooperation in the international arena in bilateral and multilateral formats, requires adequate international legal regulation.

      It needed to continue to work to bring national legislation in line with international commitments and international standards. Thus in this paper, it is first necessary to be guided by internal needs and priorities in the development of the country.

      To implement the objectives of the foreign policy of the state requires a balanced and measured approach to the conclusion of international agreements and participation in international organizations, which must be preceded by serious work on the prediction of socio-economic, political, legal and other consequences.

      International legal institutions and organizations should be actively used to ensure national interests of Kazakhstan in the international arena, including the construction of a safe, stable Central Asia, increasing the attractiveness of the region.

 5 Legal education, legal advocacy

      Part of the legal policy is the legal regulation of scientific and educational activities, which is an important prerequisite for industrial and innovative development of the country, to enhance its intellectual potential.

       In turn, part of the research and educational activities is a legal education, legal advocacy, that is, questions of legal culture. In this connection, it should continue to improve the legal awareness of citizens, including legal literacy among public servants. It is necessary to expand the scope and improve the quality of legal advocacy to the public through the media, including Internet resources, to intensify research on topical issues of legislation and law enforcement, particularly in those areas of law that are most in demand in the daily life of citizens.

      One of the issues that are closely related to the activities of the organizational and legal nature, are questions of legal education. Society and the state needs legal frames of the new formation, patriotic and focused on protection of the rights and freedoms of man and citizen, the interests of society and the state. Such an approach should be the basis of the legal education system.

      It is advisable to take the path of consolidation capabilities of the state to solve the problems of divers training of legal personnel in modern conditions. Such an approach would avoid fragmentation of public resources and improve the quality of judicial training.

   6 Conclusion

      The implementation of the Concept of Legal Policy will realize the basic ideas and principles of the Constitution in the context of a new phase of construction in Kazakhstan law.

      Effectiveness of the implementation of the Concept and consequently the stability of the national law, the validity of the legal regulation depends on the constructive cooperation of all branches of government, the quality of decision-making authority and accountability of officials.

      Integrated development of Kazakhstan's legislation and its effective application in accordance with the present concept of core areas of legal policy will contribute to further strengthening the rule of law, respect for constitutional rights and freedoms of man and citizen, sustainable socio-economic development, the strengthening of Kazakhstan's statehood