Forthcoming articles


International Journal of Public Law and Policy


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International Journal of Public Law and Policy (3 papers in press)


Regular Issues


  • Legal Aspects in Formation of Status of State Officials in the RK and EU Public Administration Systems   Order a copy of this article
    by Djamilya Ospanova, Duman Kussainov, Rysgul Abilsheyeva, Ainur Kussainova, Bagbat Aueshova, Bagit Akhmetova 
    Abstract: The paper shows that ineffective and out-of-date control methods formed during the previous decades currently arouse mistrust to the public service among the publicity and require its reformation together with the entire modernization of the public administration with the subsequent approximation of the government institutions of the Republic of Kazakhstan to the standards of the European Union (EU). So, among the main tasks of the State Targeted Programme of Development of the Public Service for the Period until 2030 on solution of the public service development problems and improvement of human resources management technology at the public service are scientific support of the public service system development, definition of the methods and mechanism of the public service modernization in accordance with the principles of the EU operation. Thats exactly why study of the foreign experience of modernization of the personnel processes at the public service becomes greatly relevant and has both the theoretic and practical significance regarding their introduction into the RK. The objective of the paper is to implement the comparative analysis of the functional peculiarities of human resourcing mechanism in formation of the status of state officials of the government authorities in the EU countries and to define the perspectives of its adaptation in the Republic of Kazakhstan. The practical relevance of the paper is defined by the fact that public service according to its functions remains a necessary basis for development and overcoming negative tendencies and formation of the aggregate picture in the perception of the state image. The conclusions of the paper are the fact that the legal status of the state officials is formed on the basis of the tasks of social and economic development and the political image of the state.
    Keywords: status of state officials; legal basis; the Republic of Kazakhstan; the European Union; public administration system.

    by Tamas Korhecz 
    Abstract: Serbia introduced ethnic non-territorial autonomy through elected national minority councils into its legal system in 2002. The evolvement of the respective legal framework, the experiences of democratic elections, and the functioning of the national minority councils provide an opportunity for presenting, analyzing, and evaluating this legally regulated institution of non-territorial autonomy. This article investigates both the legislative framework and the functioning of national minority councils. It is argued that national minority councils were legalized primarily to fit the plans and demands of the Hungarian minority, albeit they contributed to the integration of national minorities in Serbia and to the inter-ethnic democracy in general. Possible future amendments have to resolve contradictions between the Law on National Councils and various laws on education and culture should and also to improve the legislative framework in order to protect and ensure individual human rights against abuses by NMCs and political plurality within minority communities.
    Keywords: Minority self-government; national minority councils; Serbia; effective participation of minorities in public life.

  • International and legal aspects of citizenship on the basis of analysis of the legislation in Kazakhstan and Great Britain   Order a copy of this article
    by Aidana Otynshiyeva, Alua Ibrayeva, Joshua Castellino, Dina Baimakhanova, Akhilbek Baikenzheyev 
    Abstract: The purpose of this article is to examine the international legal aspects of citizenship on the basis of the laws of Kazakhstan and the United Kingdom analysis. For this, the author used general theoretical and specific scientific investigation methods. As a result of the analysis, the author claims that the legal regulation of citizenship is carried out by each state independently. The legal regulation of citizenship is directly related to the migration of people, which has intensified in recent years in connection with armed conflicts and economic decline in some countries. The legal regulation of citizenship must correctly reflect the migration processes in order to prevent negative consequences for both the state and the individual in it. It has been revealed and justified that the legislation on the citizenship of Kazakhstan and the UK provides for a number of requirements for obtaining citizenship. There are two main ways to obtain citizenship: by birth or by naturalization. Based on the analysis, the author concluded that the legislation on the citizenship of Kazakhstan and the UK stipulates that citizenship is acquired and terminated by a specially prescribed legal procedure by the competent government authorities. Based on the analysis of Kazakhstan legislation, it was concluded that the methods of obtaining Kazakhstan's citizenship are: 1) by birth; 2) as a result of naturalization; 3) on the basis of interstate contracts of Kazakhstan; 4) on the grounds provided by the Law of Kazakhstan "On Citizenship". There are also ways to obtain UK citizenship under the British Nationality Act of 1981: 1) by birth; 2) by origin; 3) by naturalization; 4) by registration. Also, on the basis of a scientific approach to the issue of citizenship and its role in the existence of the state, the author concluded that bipatrism (multiple citizenship) adversely affects the state and carries a large risk to the state, including the loss of independence and sovereignty.
    Keywords: Bipatrism; citizenship; naturalization; migration; acquisition of citizenship.