REGARDING SOME ISSUES OF THE IMPLEMENTATION OF THE NORMS OF RATIFIED INTERNATIONAL TREATIES ON THE RIGHT OF IMMIGRANT CHILDREN TO REGISTER BIRTHS AND THE NAME IN THE NATIONAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Abstract

This article has been prepared based on the analysis of Kazakhstan's legislation in regard of its compliance with the international obligations of the Republic of Kazakhstan.

For a more objective analysis, the authors investigated the completeness of the implementation of paragraph 2 and paragraph 3 of Art. 24 of the International Covenant on Civil and Political Rights, which guarantees the right of every child to name and register births in relation to immigrant children.

The article provides an overview of international documents that define the basic standards in the field of ensuring the rights of immigrant children to register births and names, as well as an analysis of the current legislation of the Republic of Kazakhstan for the implementation of international standards.

Analyzing the national legislation, the authors have concluded that the legislative acts of the Republic of Kazakhstan accurately reproduce the norms of ratified international treaties. However, the main obstacles to the proper implementation of international standards arise due to restrictive norms of national subordinate to the law regulations.

Considering that subordinate to the law regulations, because of their legal nature, cannot establish any restrictions on the implementation of rights and obligations, the authors point to the necessity of bringing them in line with the legislative acts and norms of international acts.

In particular, the article proposes to make appropriate changes to the "Rules for the Organization of State Registration for Civil Status Acts, Amendments, Restoration, Annulment of Civil Status Records" and "Standards of Public Services Regarding Registration of Civil Status and Apostille".