ON THE ISSUE OF DEFECTS IN THE LAW OF THE REPUBLIC OF KAZAKHSTAN "ON TRADE UNIONS" (results of the analysis of legislation in the field of trade unions)

Aigul Umirzhanovna Kaliyeva

2022

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DOI 10.52026/2788-5291_2021_69_2_204
Data confidence 70 medium
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Abstract

The legal status of trade unions in Kazakhstan is determined by a number of regulatory legal acts, in particular, the Constitution of the Republic of Kazakhstan, the Civil Code of the Republic of Kazakhstan and the Laws of the Republic of Kazakhstan "On Public Associations", "On non-profit organizations", etc. The basis of the activity of trade unions in Kazakhstan is the new Law of the Republic of Kazakhstan "On Trade Unions" adopted in 2014, which created a legal basis for expanding the representation of trade unions and their participation in social dialogue at all levels of social partnership. The article is devoted to the analysis of the Law of the Republic of Kazakhstan "On Trade Unions", the practice of its application and is aimed at identifying problematic issues of improving legislation in the field of trade unions and developing scientifically sound recommendations for their resolution. At the same time, special attention is paid to the effectiveness of law enforcement practice. The analysis of legislation makes it possible to plan in more detail the main directions of legislative work, to identify areas of public relations that should be regulated by the norms of legislation, to justify the need to amend the current legislation and adopt new acts, to correlate them with the main directions of the state's legal policy. In this regard, the author of the study conducted an article-by-article analysis of the Law of the Republic of Kazakhstan "On Trade Unions", investigated its systemic and social significance of application, identified corruption-related legal norms, assessed the effectiveness of their implementation, developed proposals to improve legislation in the field of trade unions. Thus, the relevance of this study is enhanced due to the objective needs of further improving the effectiveness of legislation in the field of trade unions, its consistency and consistency. The results of the study can be used in the formation of state policy in the field of legal regulation of trade unions and taken into account in legislative activity.