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Individual rights and freedoms and their protection from corruption offenses
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| 2. Individual rights and freedoms and their protection from corruption offenses
Individual rights and freedoms - a combination of natural and inalienable fundamental rights and freedoms that belong to man by birth and are not dependent on its relationship with a particular state. They form the foundation of the legal status of the individual. By the personal rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan are: 1) The right to judicial protection of their rights and freedoms (Art. 13); 2) the right to life (art. 15); 3) the right of everyone to personal liberty (Art. 16); 4) The right to physical integrity and personal security, inviolability of human dignity (Art. 17); 5) the right to privacy, personal and family secrets, the protection of their honor dignity (Art. 18); 6) the right to freely determine their national, party and religious affiliation (Art. 19); 7) the right to use their own language and culture, to freely choose the language of communication, upbringing, education and creative work (art. 19); 8) The right to move freely territ- theory of the Republic of Kazakhstan (art. 21). For example, the right to life is provided by the system of norms of different branches of law. Including the norms of labor legislation, which is regulated by the human right to a pension or a monthly disability benefits. It guaranteed social benefits, objectively determined nnym constitution-the right to life, which may be the subject of unlawful assault. Thus, judicial practice has the data, to determine when disability (depends on the size of payments) members VTEK (medical-labor expert commission) dopus- cabins with disabled receiving bribes. Guarantee the rights of, and give an opinion VTEK is criminal liability for bribery. This responsibility is both one of the guarantees of individual human right to life. Everyone's right to personal liberty may also be subject to violation by withholding rights as arrested and then released from custody on the condition giving an official a bribe. Violation of human rights to judicial protection of their rights and freedoms in law enforcement practice in Kazakhstan is seen in cases where the dispute in the civil, administrative or criminal offense submitted clearly unjust, illegal decisions. One of the reasons are the corruption offenses, allowed judges. Guarantee issuance legitimate solution is the human right to appeal to a higher court to review the contested decision of the lower court. The content of this right also includes the right of everyone to receive qualified legal assistance. According to para. 3 of Art. 13 of the Constitution of the Republic of Kazakhstan in the cases stipulated by law, legal assistance is provided free of charge. An indication of the case free of charge for such assistance is an essential safeguard against corruption offenses in the sphere of relations. Thus, the unlawful violation of any personal rights and freedoms of man and citizen can be made up for by the reduction in the relevant human rights and freedoms on the basis of the application of the branch of law, including the scope of the anti-corruption legislation. жүктеу/скачать 2,07 Mb. Достарыңызбен бөлісу:
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