KAZAKHSTAN'S EXPERIENCE IN ENSURING THE RIGHT TO EDUCATION
KAZAKHSTAN'S EXPERIENCE IN ENSURING THE RIGHT TO EDUCATION
Karina Sabyrova
Master's student, Kazakh University of International Relations and World Languages named after Abylai Khan,
Kazakhstan, Almaty
Karlygash Baizhomartova
candidate of juridical sciences, Kazakh University of International Relations and World Languages named after Abylai Khan,
Kazakhstan, Almaty
ABSTRACT
The ongoing processes of integration and globalization of international relations, in which the Republic of Kazakhstan actively participates, have created optimal conditions for introducing the Kazakh legal system to international legal standards. This article touches upon the issues of integration of international legal standards in the field of education into the internal policy of the Republic of Kazakhstan.
Keywords: the right to education, international relations, international law, education.
The current state of development of international law indicates that universal international legal norms have been adopted on many problems of interstate relations related to issues of international security, environmental protection, fundamental human rights and freedoms, regulation of vital spheres of human existence, such as the right to education, compliance with which has become the basis for the existence of civilization.
There is a convergence of the international legal system with the Kazakh national legal system. Because of this, the specifics of the interaction of international and domestic law require a special theoretical and legal consideration of interstate cooperation in the field of educational space and study, taking into account the current state of legal science and practice.
The increasing importance of the interaction of international and domestic law in the modern world is manifested in the increase in the number of international treaties and national legal acts devoted to the educational process. Through this, States seek to correlate their domestic law and legislation with international legal standards.
At the same time, the recognition by the Constitution of the Republic of Kazakhstan of the norms of international law as an integral part of the country's legal system poses the task of new approaches in the general theory of law and in the theory of international law, in legislation and in practice to determine the place and role of international legal standards in the domestic sphere.
At the same time, the changes taking place in various spheres of public life under the conditions of reforming the social, political, and economic systems of the Republic of Kazakhstan have influenced the formation and development of many problems of theoretical science, including the sources of Kazakh law. Thus, in modern conditions, the definition of the sources of law in a particular legal system is of particular importance due to serious changes affecting almost every existing legal system and related to integration processes taking place in the world community. This required further theoretical and legal understanding of the concept of international legal standards, the specifics of their formation, application in the legal system of the state as a source of law.
It should be noted that in the Kazakh legal science, international legal standards are studied mainly only from the standpoint of international law. The theoretical array of information accumulated to date allows us to study international legal standards as an unconventional source of law in the legal system of modern Kazakhstan in the context of interaction between international legal and domestic (national) legal systems, as well as interstate cooperation, and there are grounds to believe that in the conditions of the formation of legal statehood and the development of international cooperation, international legal standards become the subject of theoretical and legal research. This is primarily due to the fact that generally recognized principles and norms that occupy a special place in the legal system of the Republic of Kazakhstan are embodied in international legal standards.
The world educational space unites national educational systems of different types and levels, which differ significantly in philosophical and cultural traditions, the level of goals and objectives, and their qualitative state. Therefore, it is necessary to talk about the modern world educational space as a single organism being formed, with the presence of global trends in each educational system and the preservation of diversity.
The exceptional importance of education is due, first of all, to the fact that in the modern world the level and quality of education of the population becomes the basis determining the degree of development of society, the economic and social situation of the state, the well-being of its citizens.
The development of modern education in the Republic of Kazakhstan and participation in the formation of a unified educational space are inextricably linked with the message of the President of the Republic of Kazakhstan N.A. Nazarbayev to the people of Kazakhstan. As one of the priorities of the address "Strategies for Kazakhstan's entry into the top 50 most competitive countries in the world" [1], the Head of state pointed to the development of modern education and continuous professional development and retraining of personnel.
The modern reality is that today the state competes precisely in its intellectual resources. In this regard, the Bolashak program is an ideal object for investment [2, C. 8].
It is possible and legitimate to interpret the concept of a single educational space in several dimensions: a single educational space of the Eurasian Economic Community, in which a single educational space has been formed within the framework of the EurAsEC and legislative conditions for the unification of legislation in the field of education; a single European educational space (where three systems of university education are characteristic: Anglo-Saxon, French-Spanish, and German-Italian); the world educational space.
The ongoing measures in the field of access to vocational education have brought some positive results. However, the legal regulation of the educational process is not based on a clear verified concept, and the laws and regulations adopted are sometimes contradictory, which does not contribute to the formation of a unified system of legal regulation of the educational system. The educational system consists of educational legislation; the system of educational institutions; systems of state bodies that manage, control and supervise educational institutions; non-governmental organizations that carry out activities related to the educational process. Individual institutions of the educational system are being reformed, the forms of education and the legal status of educational institutions are changing, new types and methods of monitoring educational activities are being created. But we need a comprehensive approach to the educational process that would cover all its aspects.
It is obvious that in order to modernize the country, the formation of a new system of relations in the field of education is a priority task. Such a comprehensive project provides for joint investment of financial resources and consolidation of efforts of a person, public associations and the state in order to obtain the education necessary for the formation of a full-fledged free personality and its preparation for life in society. The core of the new educational system should be the human right to education enshrined in the Constitution of the Republic of Kazakhstan, which requires a comprehensive study in inseparable connection with other human rights.
In modern conditions of the market economy, public administration in the field of higher education is changing and becoming more complicated, there is a change in state policy in the field of higher education management, the state-public nature of higher education management and the autonomy of higher education institutions are developing, the organizational and legal forms of higher education institutions are evolving.
Global trends (on the example of the European Union) in improving administrative legislation in the field of higher education in connection with the formation of the world market of higher education and the need to accommodate national higher education systems to the conditions of the world market of higher education, when the versatility of the disciplines taught and, as a result, obtaining knowledge that meets the needs of the world labor market, are associated with harmonization of legislation in the field of higher education on an increasingly expanding scale, including, first of all, harmonization of the norms regulating: the system of academic qualifications; the system of training graduates of institutions of higher education; the system of evaluation and quality control of education; the system of comparability of diplomas issued by institutions of higher education; the system of information support of the educational process.
The global trends of globalization and internationalization, which have widely covered all areas of human activity, have particularly affected the higher education system, thereby acting as a driving force for its changes and the emergence of qualitatively new approaches to the structure and organization of international activities of higher education institutions. The integration of the national higher school into the world educational space and the entry into the international market of educational services actualized the problem of the development of international cooperation of Kazakhstani universities. The main goal of international activities in the field of secondary, higher, postgraduate professional education, as well as scientific and technical relations is the comprehensive integration of Kazakhstan as an equal partner in the world educational space, improvement and enhancement of the authority of the national education system taking into account international experience [2].
International and domestic law are independent legal systems, therefore, the implementation of international legal standards almost always requires assistance from national law based on the interaction of international law and domestic (national) legal systems. In this regard, in legal science, the idea of direct application of international legal standards on the territory of states has both its supporters and opponents. International legal standards, being a form of expression of generally recognized principles and norms of international law, occupy a special position in the normative component of the legal system of the Republic of Kazakhstan and are a constitutionally recognized component of the Kazakh legal system.
The process of incorporation of international legal standards into the national legal system should be defined by the term "implementation". At the same time, the current legislation of the Republic of Kazakhstan, as well as Kazakhstan's law enforcement practice, make it possible to talk about the following forms (methods) of harmonization of international legal standards and norms of national law: sending, reception, ratification of international treaties, including their legitimation, as well as direct application of the norms of ratified international treaties of the Republic of Kazakhstan.
The specifics of the implementation of the above-mentioned principles within the legal system of the State directly depend on the legal form of international legal standards. The analysis of the current legislation allows us to conclude that the Republic of Kazakhstan is currently creating legal foundations for the effective implementation of international legal standards in the field of domestic relations. At the same time, the necessity of further improvement of the legal mechanism for the implementation of international legal standards in the legal system of modern Kazakhstan by increasing the effectiveness of the law-making and law enforcement process is substantiated. In this regard, proposals are being made that, first of all, can serve to strengthen the status of international legal standards as sources of law, and will also contribute to their effective implementation in the legal system of the Republic of Kazakhstan and more effective implementation by international legal standards of the role assigned to them in the system of sources of law.
References:
- Nazarbayev N.A. Strategy of Kazakhstan's entry into the top 50 most competitive countries of the world Kazakhstan is on the verge of a new leap forward in its development // akorda.kz
- Praliev S.Zh. NA. Nazarbayev on the development of human potential and the formation of an intellectual nation in Kazakhstan // Formation of the intellectual potential of the nation in the conditions of higher school: collection of scientific papers. - Almaty: KazNPU named after Abaya, 2012.