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Political rights and freedoms and their protection from corruption offenses



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4. Political rights and freedoms and their protection from corruption offenses

Political rights and freedoms - is one of the groups of basic constitutional rights and freedoms of citizens, along with personal, social, economic and other rights. Give citizens the opportunity to participate in public and political life of the country. Encompasses the right to participate in the management of society and the state, voting rights, right of association (freedom of association), freedom of assembly and demonstration, freedom of information, the right to petition*.


This group of rights, as a rule, is addressed only to the citizens of a particular state.


The political rights in accordance with the Constitution of the Republic of Kazakhstan are:
1) The right to assemble peacefully and without arms assemble, pro- led meetings, rallies, demonstrations, marches and pickets (v. 32);
2) the right to elect and be elected to state and local governments (para. 1, Art. 33);
3) the right to participate in the republican referendum (Sec. 2, Art. 33);
4) the right to a personal appeal to the authorities of the state and local government (para. 1, Art. 33);
5) The right to equal access to public service (para. 4 of Art. 33).

The implementation of these rights and freedoms requires compliance with anti-corruption legislation of Kazakhstan. For example, the right to equal access to public service and more specifically governed by the laws of the details gosudarstennoy service.


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* См.: Большой юридический словарь. – М.: ИНФРА-М. – 2002. – С.441.
Currently, the question of the legislative consolidation of the foundations of a business career in the government system. It is expected that the establishment of conditions for career advancement would be a serious obstacle for the manifestations of nepotism, patronage and korruptsionizma.

Perception of the principle of meritocracy logically meet the new criteria in the selection and placement.


Certain prerequisites for such an approach in Kazakhstan and has already formed a well-known legal experience. Thus, in accordance with paragraph 2 of Article 29 of the Constitutional Law of the Republic of Kazakhstan "On judicial system and status of judges of the Republic of Kazakhstan" (from December 25, 2000 №132-III) a judge of the regional court may be appointed a person who has experience in the legal profession not less than fifteen years of age or length of service as a judge for at least ten years. Judge The Supreme Court may be appointed a person who has experience in the legal profession for at least twenty years of experience or a judge for at least fifteen years. In implementing the provisions of the electoral law of Section IV of the Constitution of the Republic of Kazakhstan under the name of "Parliament" and the requirements of the Constitutional Law of the Republic of Kazakhstan "On elections in the Republic of Kazakhstan." In accordance with the latter financing of elections in the Republic of Kazakhstan on the part of international organizations and international public associations, foreign state bodies, foreign legal entities and citizens, as well as stateless persons, any sort of direct or indirect participation in financing of elections in the Republic is prohibited (Part 2, Article

33). Within the non-governmental financing of election campaign funds can be directed only to the funds received by legal means (Art. 4, Art. 34).


Such regulations create favorable conditions for exclusion from the electoral process, corruption offenses.






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