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pp. 8436-8446 | Article Number: ijese.2016.640
Published Online: October 05, 2016
Abstract
Background/Objectives: The research topicality is conditioned by the fact that the labour secure of the social and labour human rights is realized not only by the national law but also by the international law that is usually more progressive and establishes the generally accepted standards and norms of human rights in the social-labour sphere. But the specificity of the mentioned sphere of social relations does not permit in most cases to realize direct, immediate action of the international regulations at realization of social or labour rights because the implementation of setting and realizing the generally accepted norms into the national law system is demanded. The mentioned above condition makes it difficult for the Kazakhstan republic (hereinafter - RK) to observe the taken international duties to provide social and labour human rights. Methods/Statistical Analysis: The methodological basis of the research were scientific methods of theoretical research (analysis, synthesis, interpretation, comparison, classification, synthesis, simulation, etc.), empirical methods (observation, documentation), as well as statistical methods (quantitative and qualitative data analysis). The theoretical basis of the research were the works of scientists in the field of international and social rights. Findings: As the analysis result the conclusions are made that the obligatory financial provision of realizing the universal social-labour rights condition a complex of measures to establish in the national law system the sources of laws finance and also measures to secure their functioning. In spite of the national law regulation of the general order of the interstate use of the international norms to solve the issue of using the definite norm in the analyzed sphere depends on the normative guarantees set that are needed and the social and financial-economic conditions of its realization. Application/Improvements: The report contains provisions that can be used in the practice of law. The analysis results can be used to improve the sources of Kazakh social and labor law, the definition of the provisions of international legal acts in the system of national law, to identify the specifics of the transformation of international standards into domestic law.
Keywords: Social human rights, labour human rights, international regulation, international state’s duties, social standards
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