ON THE EFFECTIVENESS OF THE LAW OF THE REPUBLIC OF KAZAKHSTAN «ON THE DEFENSE AND THE ARMED FORCES OF THE REPUBLIC OF KAZAKHSTAN» (MONITORING OF LEGISLATION)

Authors

  • Kairat Eslyamkalievich Ismagulov
  • Yerlan Kadirzhanovich Akhmetov

DOI:

https://doi.org/10.52026/2788-5291_2021_65_2_134

Keywords:

legal monitoring, effectiveness of legislation, legal analysis, armed forces, defense, military service

Abstract

On April 9, 1993, the Law «On Defense and the Armed Forces of the Republic of Kazakhstan» was adopted, which became the basis for the further development of other documents that ensure the military security of the state.

In his Address to the people of Kazakhstan dated October 16, 1997, the First President of the Republic of Kazakhstan - Elbasy N. A. Nazarbayev noted: «In order to have reliable and friendly relations with its neighbors, to ensure its independence, the Republic of Kazakhstan must be a strong state».

In 2005, in order to ensure the country's defense capability, a new Law «On Defense and the Armed Forces of the Republic of Kazakhstan» (hereinafter referred to as the Law) was adopted.

Kazakhstan is in a favorable foreign policy environment and has received security guarantees from all the nuclear powers of the world, is also a member of the military-political bloc based on the Tashkent Treaty of 1992, the Shanghai Cooperation Organization (SCO), the CSTO and others, and actively develops relations with European and Asian countries.

Thus, the global geopolitical development, the dynamics of the military-political situation, the evolution of challenges and threats to global international, regional and national security, along with the desire of leading states to ensure a dominant position on the emerging political map of the world, make it necessary for military specialists and the military-scientific community to adequately perceive the ongoing changes in the military sphere and develop on this basis the necessary measures to ensure the military security of the state.

The authors of the study, having analyzed the current Law, as well as the legislation regulating defense and military service, came to the conclusion about its effectiveness. They revealed certain contradictions and shortcomings: the attribution of the military police to special forces, the editing of the concept of «wartime», the expansion of the concept of «family member», the statement on the loss of the Decree of the Government of the Republic of Kazakhstan dated August 16, 2001 № 1074 «On approval of the Regulations on the Ministry of Defense of the Republic of Kazakhstan», etc.

Keywords: legal monitoring, effectiveness of legislation, legal analysis, armed forces, defense, military ser

Published

30.06.2021

How to Cite

Ismagulov . К. Е., & Akhmetov . Е. К. (2021). ON THE EFFECTIVENESS OF THE LAW OF THE REPUBLIC OF KAZAKHSTAN «ON THE DEFENSE AND THE ARMED FORCES OF THE REPUBLIC OF KAZAKHSTAN» (MONITORING OF LEGISLATION). Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(65). https://doi.org/10.52026/2788-5291_2021_65_2_134