SOME OF THE SPECIFIC FEATURES OF THE LEGAL STATUS OF FOREIGNERS AND PERSONS WITHOUT CITIZENSHIP ON THE TERRITORY OF THE INTERNATIONAL FINANCIAL CENTER «ASTANA»

Abstract

 In this article, the authors highlight issues of the legal status of foreigners and stateless persons on the territory of the International Financial Center «Astana» (hereinafter - the AIFC). The authors believe that the Constitution of the Republic of Kazakhstan enshrines the exhaustive scope of human and civil rights and freedoms. This is evidenced by the constitutional wording «In the Republic of Kazakhstan, human rights and freedoms are recognized and guaranteed in accordance with the Constitution» (paragraph 1 of article 12). In addition, this is indicated by the legal position of the Constitutional Council of the Republic of Kazakhstan, which officially interprets paragraph 1 of Article 12 of the Constitution, clarified that the list of human rights and freedoms is guaranteed by the state within the limits established by the norms of the Constitution of the Republic and other regulatory legal acts corresponding to it.

At the same time, the authors note that the Constitutional Law of the Republic of Kazakhstan «On the International Financial Center «Astana», adopted in 2015 and subsequently made corresponding changes and additions to the Constitution of Kazakhstan on the establishment of a special legal regime in the city of Nur-Sultan caused new views on the legal status of a person on the territory of the AIFC, including foreigners and stateless persons.

In addition, the authors in the article note that the legal status of foreigners and stateless persons in the AIFC can be regulated not only by the law of the Republic of Kazakhstan, but also by the principles, norms and precedents of the law of England and Wales. At the same time, the article draws attention to the difference of the British understanding of human rights and freedoms from the understanding of human rights and freedoms in Kazakhstan law.