The constitutional basics of a legal status of the individual and the citizen in the Republic of Kazakhstan.

       Human rights and freedoms in the Republic of Kazakhstan shall be recognized and guaranteed in accordance with this Constitution. 

Human rights and freedoms shall belong to everyone by virtue of birth, be recognized as absolute and inalienable, and define the contents and implementation of laws and other regulatory legal acts. Every citizen of the Republic shall have rights and bear responsibilities owing to his citizenship. So, the principle works - each citizen is a individual, but not each individual is a citizen. Thereby, the rights and duties of the individual not the same as the rights and duties of the citizen.

       It is possible to divide the constitutional rights and duties on personal, social-and- economical and political.

Personal rights and freedoms do not depend on citizenship.It is the rights and freedoms connected with life, advantage and other absolute laws of the person.

- the right to life (Art. 15),

- the right to personal freedom (Art. 16)

- the right to freely move (Art. 21),

- the right to inviolability of dignity of the person (Art. 17),

- the right to inviolability of private human life (Art. 18),

- the right to recognition of its right subjectivity and right of defense of the rights and freedoms (Art. 13),

- the right to qualified legal assistance (Art. 13).

The group of the social-and-economic rights defines a legal status of the individual as member of civil society.

- the right to property (ст.ст.26 item 6),

- the freedom of labor (Art. 24),

- the right to rest (the Art. 24p. 4) 

- the right to social protection (Art. 28 of item 1),

- the right to education and care of children (Art. 27),

- the right to health protection (Art. 29),

- the right to education (Art. 30).

The circle of the political rights and freedoms defines a legal status of the citizen in system of the public relations. So these rights belong only to citizens of RK

- the right to participate in elections and a republican referendum (Art. 33 of item 2),

- the right to participation in state administration (Art. 33 of item 1),

- the right to public service (Art. 33 of item 4),

- the right to freedom of the word and creativity, right to freedom of associations, the right to peaceful assemblies, meetings, demonstrations is provided.

Legal status of the person and the citizen is impossible without the fundamental duties fixed by the Constitution. Except but duties are defined as for all individual s being in the territory of Kazakhstan (observance of the Constitution and laws of RK; respect of the rights, freedoms, honor and the dignity of other individual s, respect of the state symbols of RK and tax payment), and only for citizens of RK (protection of the Homeland and execution of military service, care of preservation of a historical and cultural heritage, protection of monuments of history and culture and nature preservation).

 

3 Citizenship as the link between an individual and a state.

 

Citizenship denotes the link between a person and a state or an association of states.

The document confirming the citizenship of the Republic of Kazakhstan is an identification card or passport of the citizen of the Republic of Kazakhstan. Citizenship of children under 16 years old is confirmed by their birth certificates or the passport of either parent. Dual citizenship is not recognized by the Republic of Kazakhstan

Citizenship of the Republic of Kazakhstan is obtained:

1) when an individual is born in the Republic of Kazakhstan;

2) as a result of being granted citizenship of the Republic of Kazakhstan;

3) on the basis or according to procedures set down by international agreements of the

Republic of Kazakhstan;

4) on other basis described elsewhere in this Law.

Citizenship of the Republic of Kazakhstan can be granted to:

1) individuals who have been permanently residing in the Republic of Kazakhstan for not

less than five years or married to a citizen of the Republic of Kazakhstan.

2) citizens of the republics of the former Soviet Union whose close relatives are citizens

of the Republic Kazakhstan: children (including those adopted), spouses, one of the

adoptive parents, sisters, grandparents regardless of the period of their residence in the

Republic of Kazakhstan. Granting of citizenship to military servant stationed in the

Republic of Kazakhstan is regulated by international agreements of the Republic of

Kazakhstan.

Applications for acquiring citizenship of the Republic of Kazakhstan will be refused if an applicant:

1) committed a crime against humanity as defined by international law or if he acts

against the sovereignty or independence of the Republic of Kazakhstan;

2) is engaged in propaganda for infringement of unity and integrity of the territory of the

Republic of Kazakhstan;

3) carries out illegal activity non conducive to the public security or public health;

4) creates interstate, international or religious hostility or acts against the operation of the

official language of the Republic of Kazakhstan;

5) is arrested for terrorist activity;

6) is declared a dangerous recidivist by the court;

7) is a citizen of an other country.