4) Recognition method.

Methods of regulation of constitutional rights are political and legal nature, as fixed in the Constitution of the category of social ideals, social values and moral principles.

Constitutional and legal provisions are classified according to the following reasons: the nature of the requirements contained is divided into: authorizes obliging and forbidding. Authorizes the norm - a norm that secures the right to exercise the subjects stipulated in their actions and determine the scope of their powers. Binding norms fixed duties of the subjects to relate their behavior, their actions with the settings of these rules.

Knowing a subject and methods of constitutional and legal regulation, it is possible to formulate definition of a constitutional right. The first important sphere of the relations regulated by a constitutional right — the relations between the person and the state. However the constitutional right regulates not all sphere of this relationship — it is regulated also by other branches of the right: labor, civil, administrative, etc. Constitutional precepts of law establish the fundamental principles of legal status of the personality, basic rights, freedoms and duties.

The rights and freedoms belong to the person from the birth; they can't be limited to neither the state, nor its basic law. Norms of a constitutional right of the democratic states consolidate inherence of the rights and freedoms, proclaim them the supreme value and establish obligations of the state on their protection and protection.

The approved norms of a constitutional right affirm competence of government bodies, the rights of autonomies or subjects of federation, etc.

Constitutional right, applying the called regulation methods, provides normal functioning of institutes of the government, guarantees democracy. By means of various methods of regulation also basic rights and freedoms of the person and citizen are guaranteed.

19. Legal status of children

The legal status of the individual may be general and specific. Special status differs because it is special rights, which reflect specifics of the various population groups. These include the rights of children.

By purchasing a particular legal status, the person has given a specific legal means.

Formation and development of the legal status of the child as a separate legal category is one of the problems in the domestic jurisprudence. Living in conditions held in Kazakhstan radical socio-economic and political-legal reform fraught with difficulties for any adult and for child they were increased many times. In addition, actual problem is legal consolidation of the legal status of an infant, which require special care of the state and society because of the specific psycho-physiological characteristics.

The structure of the legal status of the child has not been comprehensive development yet. To the composition of this structure can include the following elements:

a) the law, establishing the status, including:

- The fundamental rights of the child, enshrined in the Constitution of the Republic of Kazakhstan, national legislation, including ratified by Kazakhstan international legal documents;

- Citizenship;

- The legal personality;

b) Relationship.

To characterize the legal status of the child, it is important to clarify the content of such basic concepts as:

- "Child" (its legal definition);

- "public relations";

- "Legal relationship" and "legal person";

- "Socialization of the child."

The legal status of children in society is in itself a complicated issue. Children are the most vulnerable members of society. Minors, as well as adults, are protected by the Constitution and possess constitutional rights.

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, or UNCRC) is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen. The UN Convention on the Rights of the Child (UNCRC) is an international treaty – an agreement between different countries – designed specifically to meet the needs of children. Children have all of the rights in other international human rights treaties too, but the UNCRC includes additional rights which only children need. The Convention is separated into 54 “articles”, or sections. The rights in the treaty include the right to education, the right to play, the right to health and the right to respect for privacy and family life.

Unfortunately the Convention has not been made part of our domestic law, meaning that a child cannot go to court relying only on the UNCRC. However, as international law, the Convention is meant to be followed and should be referred to by courts, tribunals and other administrative processes when making decisions that affect children. The UN Committee on the Rights of the Child (the Committee) is a group of 18 children’s rights experts from different countries. It meets three times a year in Geneva.

From birth the child has

right:

to the name

To live and grow up in a family as possible

To know their parents and live together with them (if it is not contrary to the interests of the child)

To the care and education of the parents (or persons acting in Loco parentis)

To Express their opinion at the decision in the family of any issue affecting his interests

To Express their opinion at the decision in the family of any issue affecting his interests

To protect their rights and legitimate interests of parents

To have the right of ownership of property

To have the right of ownership of property

The RoK Constitution proclaims that the human and civil rights and liberties are acknowledged and guaranteed in the Republic according to the general principles and standards of international law. The most important laws defining the rights of the children are as follows: Code “On Marriage and Family”, Laws “On Education”, “On Child’s Rights”, “On Government Youth Policy”, “On State Allowances for Families with Children”, “On Prevention of Juvenile Delinquency, Child Neglect and Homelessness”, “On Children’s Villages of Family Type and Youth Houses”. Such normative legal documents, either of general or of special nature, contain certain standards guaranteeing observance of rights and interests of the children. In order to protect their rights the children should be aware of their rights. The specialists working with children should know the Convention on Child’s Rights and the legislation of the Republic related to children safeguarding.

The knowledge of schoolchildren on the issues of human rights is formed in course of learning the discipline called “Human being. Society. Law” in 9 – 11 forms during 34 hours, learning the discipline called “Self-understanding” in 5 – 9 forms. So, the section called “Human being and society” is taught in 7 9 forms within the framework of “Self-understanding” discipline.

For the purpose of awareness raising among children and teenagers of the provisions and articles of the UN Convention on Child’s Rights the leaders of children’s public associations are engaged into the republican events. The awareness raising among law enforcement officers and specialists working with children is provided for in the Integrated Plan for Development of Legal Culture of the RoK citizens for 2012 – 2014 approved by the RoK GD dated March 2, 2012 No. 285. In accordance with such Plan studying the legal issues and the Conventions is provided for within the continuing education training programs for law enforcement and court officers.