INSTITUTE OF THE COMMISSIONER FOR HUMAN RIGHTS IN KAZAKHSTAN (immersive approach to lawmaking)
DOI:
https://doi.org/10.52026/2788-5291_2022_69_2_152Keywords:
Human Rights, institutions for the protection of human rights, mechanism for the protection of human rights, Commissioner for Human Rights, lawmaking processAbstract
The article was prepared in connection with the renewal of the legal system of Kazakhstan: Law of the Republic of Kazakhstan dated December 29, 2021 №. 90-VII “On the Commissioner for Human Rights in the Republic of Kazakhstan”; Law of the Republic of Kazakhstan dated December 29, 2021 №. 91-VII “On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the activities of the Commissioner for Human Rights in the Republic of Kazakhstan”; Law of the Republic of Kazakhstan dated December 29, 2021 №. 92-VII "On amendments and additions to the Code of the Republic of Kazakhstan on administrative offences on the activities of the Commissioner for Human Rights in the Republic of Kazakhstan"; The Law of the Republic of Kazakhstan dated December 29, 2021 No. 93-VII “On making additions to the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code) on the activities of the Commissioner for Human Rights in the Republic of Kazakhstan”
The main emphasis in this article was made on the analysis of the main conceptual, unresolved issues of the current legislation in relation to existing institutions and mechanisms for ensuring human rights and freedoms.
The authors of the article unanimously come to the conclusion that the adoption of the Ombudsman into the current national legislation marks a new (first) stage in the qualitative development of mechanisms for protecting human rights and freedoms. At the same time, some issues of the interaction of the Commissioner for Human Rights with other institutions and mechanisms for the protection of human rights and freedoms will further form the need for the next wave of legislative clarifications, which is part of the inevitable process of improving guarantees for the full implementation of human rights in the Republic of Kazakhstan.