§ 4. Problems of interaction of the state, economic sector, political institutes and public associations in maintenance and protection of social rights of citizens of Republic Kazakhstan. Questions of social partnership

By consideration of a problem of interaction of the state, economic sector, political institutes and public associations in maintenance and protection of social rights of citizens during the modern period more and more attention it is given to questions of social partnership.

The urgency of research of problems of social partnership is doubtless for some reasons. First, it is caused by the basic priorities of a state policy in Republic Kazakhstan. So, it is possible to name 2012 year of social and economic modernisation of Kazakhstan as since the given year this direction is declared by "the main vector of development of Kazakhstan» [170]. Already in two Messages of the President of Republic Kazakhstan N.A. Nazarbaeva the program of social and economic modernisation of Kazakhstan is presented, and as one of the main tasks creation «is specified effective model of sociolabor relations in which basis there will be mechanisms of partnership of the state, private sector and professional associations». Also it is noticed, that one of principles modernizatsionnogo process is the principle of partner participation, that is: « All work should be under construction on the basis of close interaction of the state, business and citizens. The power problem here in providing rational balance of interests of the state, societies and persons. Original justice consists in it. Important actively to develop social partnership, to condition for participation expansion negosudarstvennogo in country modernisation, first of all, social sphere »[171]. Secondly, in domestic legal science not enough attention is given problems of social partnership. So, practically there are no complex researches of the given question, and the separate moments were investigated only in a context of a science of the law of master and servant, that essentially impoverishes the maintenance of social partnership. Thirdly, in the light of negative events in Kazakhstan in 2012 when for half a year there were two serious labour strikes, one of which has turned to uncontrollable revolt (ZHanaozen), perfection of the mechanism of social partnership is required. So, disorders in ZHanaozen were preceded by seven-mouth strike of the oil industry workers dissatisfied with level of salaries and social and economic conditions of a life. Thus increase of social intensity was promoted by illegal acts of officials of local executive powers and heads of the oil enterprises.

The second strike has occurred in Satpaeve where workers of 3 mines of corporation "Казахмыс" striked: Annensky, East and Southern. Under the earth there were 340 persons who refused to leave on a surface. They made the demand about salary increase for 100 percent. Last strike has crowned success as the employer frightened of scope of strike and expansion of its borders, has been forced to make concessions, and has declared increase of wages to 150 thousand tenge and further to 350 thousand tenge. Corresponding amendments have been made to the collective agreement and the written agreement is constituted.

Such sharp social intensity demands the working out of the whole concept of social partnership directed, including, and on settlement of social conflicts by interaction of the state, employers and labour collectives.

Investigating the given legal phenomenon, it is necessary to find out category close interpretation «social partnership» and to track its transformation in istoriko-legal aspect.

The concept «social partnership» develops of two components: "social" and "partnership". In a broad sense "social" means «in general concerning human public type of interaction and communications». The maintenance of a category "social" consists in joint character of various displays of ability to live of people [172]. The word "partner" has the French origin («lepartenaire») and the partner [173] is translated as the partner.

Basically, already in the concept "partnership" the social sense is put in pawn and, in general, there is no necessity to add here a word "social", however in use a word-combination «the social partnership» has got accustomed and assumes a special kind of partnership – not between any subjects, namely – between the state, employers and workers (the most widespread treatment).

The category «social partnership» was investigated by representatives of various branches of a science, therefore has ambiguous treatment. Thus scientists differently establish the moment of origin of idea about social partnership and time frameworks of development of the given relations.

The longest history of an origin of social partnership is offered by scientists-philosophers. So, G.V.Mirzojan [174] assumes, that the idea of social partnership has appeared still in XVII–XIX centuries P.Golbah, J. Lock., Montesquieu, ZH.ZH.Russo's Sh.-l and other philosophers have left the extensive methodological heritage, helping to understand aksiologicheskoe the maintenance of a problem of social partnership. In particular, G.Gegel in "Legal philosophy" defined partnership as the contract expressing existing in society «the general will». Thus the similar contract is based on the conventional agreement between individuals.

Within the limits of concepts social evoljutsionizma which developed G.Spenser and its followers, the social partnership was investigated as a part of evolutionary process of integration of separate systems of a uniform social organism [175].

Experts in the field of the law of master and servant, historians establish shorter chronological frameworks. So, A.A.Fedulin, carrying out the research, starts with a hypothesis, that «social partnership as the new type of interaction of social forces arises as public requirement and necessity only at certain stages of industrial and postindustrial development of a society» [176]. Therefore, the given author believes, the basic teoretiko-methodological aspects of social partnership have been opened in M.Vebera, E.Bernstein, K.Marx, F.Engelsa, E.Djurkgejma, R.Darendorfa's works [177]. Theorists of the law of master and servant co-ordinate occurrence and development of social partnership from the moment of an aggravation of contradictions between workers and employers, hence, as well as historians, from the moment of active industrial development of economy of the states believe.

Also at representatives of various sciences the approach to concept «social partnership» is not identical. I.A.Ivanov in the research has allocated three aspects of understanding of the given category:

- In philosophical aspect the social partnership is a system of relations of various social subjects which is focused on achievement of national interests, at the account of group and corporate interests;

- In economic-legal aspect it is system of mutual relations between employers, the state both municipal bodies and the workers, leaning against negotiations, search of mutually acceptable decisions in regulation of labour and other relations directly connected with them; or is a system of the measures directed on cooperation of workers, employers and the state in sphere of sociolabor relations;

- In historical aspect the social partnership is a system of mutual relations between the named subjects, come in the stead to the theory of class struggle and being inherently contrast to last [178].

However the specified definitions do not give full representation about social partnership in legal aspect and can be only partially used for the decision of the given problem. Definition offered above in philosophical aspect has two positive moments: first, here the social partnership is presented as system of relations of various social subjects, that is the list of subjects is not limited; secondly, the purpose of social partnership – achievement of national interests is specified, at the account of group and corporate interests. A lack is absence of instructions on the state as the subject of social partnership. In other definition formulated by the representative of philosophy of G.V.Mirzojanom, there are instructions on the state as the party of social partnership: « It is necessary to notice, that the most comprehensible definition of social partnership is the set traditional and cultural values, the ideological and spiritual bases regulating character and an orientation of collective mutual relations between representatives business YO of the organisations, the state structures and the noncommercial organisations of a civil society for maintenance of stability of a society on the basis of the objective account of the basic interests of all its layers »[179]. However, formulating legal definition of social partnership, it is impossible to characterise it as« a set traditional and cultural values, the ideological and spiritual bases », more likely it should be considered as the body of laws.

The concept of social partnership presented in historical aspect as opposition of the theory of class struggle also does not reflect legal essence of social partnership.

The most widespread treatment of social partnership – that which is presented in economic-legal aspect. Such understanding is characteristic and for scientists – representatives of a science of the law of master and servant. So, I.A.Ivanov, specifies, that «with reference to trudopravovomu to aspect of social partnership it can be defined as follows: it, objectively caused system of mutual relations between workers (representatives of workers), employers (representatives of employers), the state and municipal bodies, leaning against negotiations, search of mutually acceptable decisions in regulation of labour relations and other relations directly connected with them» [180]. V.G.Belov and the Island of Century Pishchulin represent social partnership as «special type of regulation of sociolabor relations on a labour market, having for an object achievement of a social consensus on the basis of historically caused compromise of economic interests of hired workers, employers and the state» and as «type of relations between employers and rabotopoluchateljami at which within the limits of the social world the balance of realisations of the major sociolabor interests» is provided. In last concept such important element, as the third party – the state [181] is missed.

Such narrow understanding of social partnership is reflected and in the Republic Kazakhstan current legislation. So, according to item 7 of item 1 of the Labour code of Republic Kazakhstan from May, 15th, 2007 social partnership – system of mutual relations between workers (representatives of workers), employers (representatives of employers), the state bodies, directed on maintenance of the coordination of their interests concerning regulation of labour relations and other relations directly connected with them.

The narrow understanding of social partnership runs counter to developing public relations. Expansion of the given institute should be carried out in two directions – on subject structure and on action sphere. First, qualitative characteristics of the parties of social partnership now have changed. Unlike traditional tripartizma at which as the parties acted the state, employers and trade unions of hired workers, the layer of working proprietors was now formed, and it would be interesting to define their place in system of social partnership. Besides, unless interests of the unemployed, or, for example civil servants out of public service as inhabitants of the certain region, after all some categories of civil servants have no right to creation of trade unions as it was spoken earlier should not be protected. Also in a social and economic life of a society others can be mentioned not only labour interests of the population, but also, for example, ecological, or questions of development of territories or public health services. Therefore it is impossible to be limited only to activity of trade unions, eventually, not only they are public organisations. Therefore some scientists suggest to consider as one of the parties of social partnership NKO (the noncommercial organisations), local communities, territorial public organisations and other institutes of a civil society [182]. Secondly, the sphere of action of social partnership extends. It is impossible to be limited only to labour relations. « Today it is possible to approve safely, that the sphere of public claiming of social partnership is much wider, than actually sociolabor relations »- fairly are marked by the Russian authors [183]. As it is already noted above, in a life there are problems of development of territories, social sphere as a whole, therefore some scientists, in particular, S.I.Alekseevym, is offered other form of partnership – intersector social partnership or the locally-territorial social partnership which essence consists in adjustment of constructive interaction between three forces operating in certain territory of the country, - the state structures (establishments and authorities), the commercial enterprises and noncommercial public organisations for the purpose of formation and perfection of functioning of social sphere of concrete territory [184].

The new understanding of social partnership should consider these two moments. The most corresponding to the modern concept of social partnership is the definition developed by A.A.Fedulinym. In its opinion, the social partnership is a civilised form of public relations in the sociolabor sphere, providing the coordination and protection of interests of workers, employers (businessmen), public authorities, local government by aspiration to the contract, achievement of a consensus, development and realisation of a uniform position in the major directions of social and economic and political development [185]. The made definition imposes us that as one of the parties of partnership local governments here are specified. Besides, the sphere of action of social partnership according to this definition is specified widely enough - the major directions of social and economic and political development, and not just labour relations.

We offer following definition of social partnership: the social partnership is a system of mutual relations between citizens of Republic Kazakhstan (their representatives in the name of public associations, labour collectives), subjects of business (their representatives), the state bodies, the local governments, directed on maintenance of the coordination of their interests.

The parties of social partnership can be: citizens of Republic Kazakhstan (their representatives in the name of public associations, labour collectives); local governments; subjects of business (their representatives); the state bodies. In the literature from the specified subjects as the parties usually name only workers and employers. So, according to A.V.Lukashevich and V.V. Lukashevich, «the parties of social partnership are workers and employers in the name of the authorised representatives» [186]. This disputable statement. The social partnership cannot be carried out without the state as third party. If there was a possibility to adjust interests of workers and employers without possible conflicts there would be no necessity to address to the state and to form institute of social partnership. Besides, the obligatory party at social partnership are citizens of Republic Kazakhstan (their representatives in the name of public associations). The basic sense of social partnership consists in the coordination of interests of citizens of Republic Kazakhstan, interests of subjects of business and a state policy. Without any reservations such new legal phenomenon therefore cannot be carried to forms of social partnership, as state-private partnership. So, E.M.Petrov, defines state-private partnership as «mutually advantageous cooperation between authorities and the business, realised in various forms and the decision of political and socially significant problems setting as the purpose at national, regional and local levels» [187].

According to K.A.Antonovoj, under state-private partnership it is offered to understand institutsionalnyj and an organizational alliance between the state and the business, carried out on a contractual basis between the state (municipal) controls and private structures in which an agreement subject are the state (municipal) property or services [188]. However it is necessary to mean, that such partnership not always pursues the aims of social protection of citizens. Certainly, in most cases this partnership is carried out in sphere of a public infrastructure, road building, objects of public health services and formation, housing and communal services, i.e. in spheres which provide social, economic interests of citizens. However, cases of state-private partnership in sphere of arms, other spheres when the partnership is carried out exclusively in interests only the state and businessmen are probable. Not casually, that scientists represent state-private partnership as an independent form of co-operation and even contrast with its social partnership [189].

As the basic signs of state-private partnership distinguishing it from social partnership, K.A.Antonova specifies the following: the agreement purpose between the state and business is achievement of "mutual additional benefit» and performance of a joint problem; participants at making agreement are guided by own interests; incomes share proportionally to investments of participants and acceptance of risk [190]. However in Republic Kazakhstan there is a unique case of the state-private partnership which are carried out in interests of citizens. And it allows to connect cooperation with problems of social partnership suitably. In Republic Kazakhstan since 2007 are created and so-called is social-enterprise corporations function.

First is social-enterprise corporation "Сарыарка" has been created according to the Decree of the President of Republic Kazakhstan «About measures on creation and maintenance of activity of is social-enterprise corporations» from January, 13th, 2007 № 274 [191]. With a view of increase of efficiency of regional development within the limits of the industrially-innovative policy as the pilot project the joint-stock company «National company« Is social-enterprise corporation "Сарыарка" with absolute participation of the state in its charter capital has been created. A place of its disposition is the city of Astana. The basic subject of activity of joint-stock company "НК" SPK "Сарыарка" is assistance to economic development of Akmolinsky, Karaganda areas and a city of Astana by consolidation of the state and private sectors, creation of the uniform economic market on a basis klasternogo the approach, formation of the favorable economic environment for attraction of investments and innovations, participation in working out and realisation of the programs directed on social development of regions, and also investigation, extraction, processing of minerals. At present operates 16 SPK – SPK "Astana", SPK "Aktobe", SPK "Almaty", SPK "Atyrau", SPK "Baikonur", SPK "Esil", SPK "Shouted", SPK "Pavlodar", SPK "Saryarka", SPK "Taraz", SPK "Shymkent", SPK «Ертіc», SPK "Tobol", SPK "ZHetisu", SPK "Caspian sea" and SPK «Солтустік».

In spite of the fact that the given corporations operate within seven years, and in the Republic Kazakhstan current legislation the term «is social-enterprise corporations», a legal status of is social-enterprise corporations (SPK) is repeatedly mentioned and not established at legislative level. Moreover, till now in the legislation there is no definition of the given corporation.

What is understood as is social-enterprise corporation? We will begin research with an initial keyword "corporation" which presumably has a Latin origin. So, in dictionaries it is specified, that the word "corporation" occurs from pozdnelatinskogo «corporatio» ("association") [192]. Some authors consider, that the term "corporation" is connected with Latin expression «corpushabere», designating the rights of the juridical personality. Therefore long time the corporation was considered as a synonym of the legal person [193]. The concept "corporation" was used in jurisprudence for a designation of associations of physical persons existing in Rome (the unions, boards), and also for a designation of the Roman state [194]. However it is impossible to approve, that the specified associations (the unions, boards) were corporation as to one of kinds of the legal person. Long time they were not considered by independent participants of commercial transactions and proprietors of the property transferred to it by members. Then in development of the Roman civil circulation there has come time, when association (union) of people - corporation (corpus, universitas) - began to admit as independent, distinct from persons, its components, the unity assimilated to the subject of law - to the physical person. Guy spoke: «Civitatesemimprivatorumlocohabentur» («Communities are considered as private persons») [195]. That is corporations began to admit subjects of civil law by analogy to physical persons.

In the German jurisprudence the concept of corporation also was exposed to research. According to German scientist Girke, «the German corporation is the real collective person, between it and individual persons the personally-legal union is fastened, similar to which does not happen out of corporation» [196]. In this connection by it it has been established, that in corporations, except administration bodies, there are also members who can realise «the own rights, at least, in election of managers, in auscultation of their reports and in discussion on general meetings more the important issues, concerning societies». In establishments (or, according to Girke, "institutes"), except managers, there are no members [197]. Other German scientist, Savini, defined corporation as «. . The legal body shown in the known sum of separate members »and which« … differs thereby from establishment which has no such visible substratum, but has more ideal existence which is based on the general reached purpose »[198].

According to N.G.Frolovsky, «unlike German corporate thought, the doctrine and the right of the countries of an Anglo-American legal family are characterised by wide understanding of corporation. Here the concept"corporation"is a synonym of a category"legal body". Therefore in Anglo-American korporativistike it is not spent distinctions between corporations as the unions of persons and establishments, as institutions, obrazuemymi will of one person or several persons, for performance of the special purposes, as a rule, not enterprise character. Both the first, and the second in an equal measure are considered as corporations. Therefore in the broad sense of the word corporations are also a various sort the municipal organisations which are carrying out certain state functions, both religious communities, and establishments of a scientific, educational, cultural both medical direction, and the joint-stock companies pursuing as the aim

In the English right legal bodies can be subdivided into the corporations representing set of persons (corporationaggregate), and sole corporations (corporationsole). As the corporation consisting of set of persons, the companies legalised by the special legislation operate. As sole corporation, that is during the certain moment consisting of one physical person using owing to a post the status of the legal person, the king, the archbishop, a bishop, the public trustee, the minister of mails [199] operate.

Now the term "corporation" also remains ambiguous. He can be understood in several senses. In a broad sense to corporations carry both joint-stock companies, and other kinds of the commercial organisations. In narrow sense corporation name only joint-stock companies. The Kazakhstan concept of the corporate right starts with understanding of the term corporation in narrow sense, i.e. as joint-stock companies. Joint-stock companies are associations of capitals, instead of associations of persons that attracts prevalence of the given organisation-legal form of the legal person.

Legal definition of the term "corporation", as well as SPK, in the Kazakhstan legislation is not available.

The term "corporation" in modern international private law is considered as collective concept which is understood as the enterprise associations of the capital having various organisation-legal forms. In narrow sense the corporation is understood as such forms of enterprise association of the capital as joint-stock company and its updatings … At the same time in the CIS countries corporations name also certain kinds of legal bodies. For example, the Decree of the President of Republic Kazakhstan had been created transnational corporation "Казхром", and also numerous is social-enterprise corporations (SPK). In Russia possibility of existence of the state corporations in the form of the noncommercial organisations is legislatively fixed. Other legal bodies having in the name a word "corporation", created in the form of joint-stock companies, the state enterprises, establishments etc. Use a word "corporation" not in legal sense, and for giving bolshej solidity, the importance to the company name before the third parties, that is not in legal effect of this word [200].

Term components «is social-enterprise corporation» are concepts "social" and "enterprise" which, are well-known and do not demand the deep analysis in our research. They specify in two moments: first, the given structure has for an object extraction of profit and, secondly, that it serves interests of a society.

In the Republic Kazakhstan Governmental order «About the statement of the program of management the state actives for 2006-2008» from June, 30th, 2006 № 620 gave following understanding of is social-enterprise corporation: everyone SPK represents the regional institute of the development operating transferred state actives in corresponding region of the country, including sites of not mastered earths, and carries out a role of the generator of the projects, involving investments on their realisation and carrying out advancement of image of economic development of region on foreign markets.

The purpose of activity of is social-enterprise corporations - maintenance of realisation of intermediate term plans for development of regions by coordination of activity of the organisations entering into structure SPK, formations and directions of necessary resources on realisation "proryvnyh" projects of regional and international value (industrially-innovative region development, klasternoe development, development of small and average business) [201].

In the Concept of creation of the regional is social-enterprise corporations, the Republic Kazakhstan approved by the governmental order from May, 31st, 2006 № 483, SPK were considered as follows:

Is social-enterprise corporations are the economically steady business structures which are carrying out the activity for the purpose of reception of profit by manufacture and sale of the goods and services. Thus a part of the received profit reinvestiruetsja for realisation of the social, economic or cultural purposes of the population of that region in which interests SPK were created. Creation SPK will promote increase of competitiveness of regions by introduction of mechanisms klasternogo developments, self-organising and mobilisation of internal resources. Association of steady business structures with state participation will allow to create the large regional centres concentrating in economic activity of region and capable to act as catalysts of formation of competitive manufactures [202]. From here follows, that characteristic lines SPK is its enterprise character, possession the transferred state actives, the regional status, an orientation on regional support by reinvestirovanija parts of profit for realisation of the social, economic or cultural purposes of the population of corresponding region.

In the new Concept of development of the is social-enterprise corporations, the Republic Kazakhstan approved by the governmental order from October, 31st, 2012 № 1382 it is specified: «In Kazakhstan is social-enterprise corporations have considerable differences from organisation-legal structures of similar type existing in world practice, both under the form, and under functional characteristics. Each such corporation is some kind of regional institute of development which promotes cooperation strengthening. Hence, under the organisation-legal form, the purposes and problems is social-enterprise corporations in our country have discriminating line from other countries, allowing to consolidate strategy of industrially-innovative transformations in economy with problems of development of small and average business and introduction of principles of social responsibility of business» [203].

Accurate legal definitions SPK have been developed in Republic Kazakhstan bills «About is social-enterprise corporations». In the project developed by deputy group "Аймак", following definition is made: « Is social-enterprise corporation the legal body founded by the Government of Republic Kazakhstan on the basis of a property and monetary payment and created for the profit reception which part will be further reinvestirovana in various social and socially useful programs admits. The is social-enterprise corporation uses property for the purposes defined by the law, providing creation of is social-enterprise corporation. The is social-enterprise corporation can carry out enterprise activity only so far as as it serves achievement of the purposes for the sake of which it is created, and corresponding to these purposes. The is social-enterprise corporation is obliged to publish annually reports on use of the property according to the law providing creation of is social-enterprise corporation ». In the given definition there are no accurate instructions on regional status SPK.

In the Republic Kazakhstan bill «About is social-enterprise corporations» (August 2007), submitted to by Government RK consideration to Mazhilis, is made following definition in item 1 of item 1 of a bill: «Is social-enterprise corporation – the legal body created in the organisation-legal form of joint-stock company which unique participant is the Republic Kazakhstan Government». In the given definition also there are no instructions on regional status SPK, however interpretation of the subsequent norms underline regional character SPK. So, in item 1 item 2 it is noticed, that the is social-enterprise corporation carries out enterprise activity on principles of state-private partnership, the part of profit from which comes under reinvestirovaniju for realisation of social and economic projects in interests of the population of that region in which it carries out the activity.

According to K.B.Berentaeva, is social-enterprise corporations (SPK) is essentially new institute of the spatial organisation of productive forces of Republic Kazakhstan … SPK by present time represent mechanistic association of formed or created industrial districts and zones, zones of technical and economic development, industrially-innovative parks. Thereupon SPK which are generated in Kazakhstan, do not answer principles of integrity of territory of placing, and its structural elements are "impregnations" in territory of region of placing. The given understanding represents not legal definition, and, most likely, an economic category.

Let's consider one more definition. This definition of the national company fixed in item 34 of item 1 of novel RK «About the state-owned property» from March, 1st, 2011: the national company - created under the decision of the Government of Republic Kazakhstan or local executive powers of areas, cities of republican value, capital the joint-stock company, which controlling interest belongs to the state, national operating holding or national holding, and carrying out activity in the branches constituting a basis of national economy, or created for assistance to development of economy of regions (is social-enterprise corporations) [204]. From the given definition follows, that SPK it is possible to regard as a version of the national companies.

On the basis of the above-stated it is possible to draw a conclusion, that now there is a crying need of adoption of law RK «About is social-enterprise corporations» and legislative fastening of definition «is social-enterprise corporation» as which it is necessary to understand the legal body created in the organisation-legal form of joint-stock company which unique participant is the Government of Republic Kazakhstan and created for assistance to development of economy of regions.

Thus, the is social-enterprise corporation is a positive example of state-private partnership.

As the party of social partnership local governments are specified also. Though the local government institute is in Republic Kazakhstan in embryo, we believe, that in the long term they can be the party in social partnership. Absence of instructions on these bodies in definition of social partnership under Labour code RK is a blank in the Republic Kazakhstan labour legislation.

The social partnership can be carried out in following forms: collective negotiations on preparation of projects of collective agreements, agreements and to their conclusion; mutual consultations (negotiations) on questions of regulation of social, labour and other relations, maintenance of guarantees of the rights of citizens in various spheres of social and economic development of Republic Kazakhstan; participations of representatives of the parties in the pre-judicial permission of various disputes (labour, ground, ecological etc.).

As already it was marked earlier, the concept «social partnership» is multidimensional. It is possible to consider social partnership and as system of mutual relations, and as a regulation method, and as certain process (activity), and as the legal institution. According to political scientist F.I.Gainullinoj: «the social partnership is not only the mechanism (methods and ways) achievements of balance of realisation of interests of the parties, but also the certain spiritually-ideological complex including representations and ideals, values and valuable orientations, the installations directed on search of the consent and cooperation» [205]. That is the social partnership can be considered and as a certain complex of moral values.

From the legal point of view the social partnership represents the body of laws, taking a certain place in the legal system.

Norms about social partnership are obligatory (i.e. it is rules of behaviour which should be carried out strictly by all subjects), formally defined (since are registered in the standard legal acts accepted in an order established by the state (Labour code RK etc., or in collective agreements and agreements), interconnected with the state (since express will of the state, its interest in social partnership and are provided by compulsory force of the state), predostavitelno-obliging (i.e. to the right korrespondiruet a duty).

Norms about social partnership have some specificity. As features it is possible to specify: an orientation on maintenance of the coordination of interests of the public, business structures and the state; complex character as norms about social partnership contain not only in the labour legislation, but also in the legislation on social security. We assume, that at wide treatment of social partnership similar norms will appear and in other branches of the legislation.

At the norm present stage about social partnership are integrated into a uniform generality, it is necessary to find out only, that this generality itself represents – the legal institution or legal subinstitute.

Let's consider, whether to all signs of the legal institution there corresponds a generality of norms about social partnership. First, uniformity of the actual maintenance is inherent in these norms. Norms about social partnership regulate the narrow circle of homogeneous public relations – relations on social partnership. Secondly, legal uniformity of norms about social partnership also is available. Considered norms are expressed in the general provisions, the specific legal principles, specific legal concepts that creates special, inherent for the given kind of relations, a regulation legal regime. So, in the Kazakhstan legislation are already fixed: definition of the social partnership, the specific legal categories referring to it, the primary goals and main principles of social partnership. In particular, in Labour code RK problems of social partnership are fixed. Interestingly that though in TK RK the narrow treatment of concept «social partnership» contains, the complex of the problems fixed in item 258 TK RK, speaks about the return. Here it is specified, that the social partnership in Republic Kazakhstan is directed on the decision of following problems: 1) creation of effective controlling instrument of the economic relations social, labour and connected with them; 2) assistance to maintenance of social stability and the public consent on the basis of the objective account of interests of all social classes; 3) assistance in maintenance of guarantees of the rights of workers in work sphere, realisation of their social protection; 4) assistance to process of consultations and negotiations between the parties of social partnership at all levels; 5) assistance to the permission of collective labour disputes; 6) development of offers on realisation of a state policy in the field of sociolabor relations. As we see, first two problems allow to give wider interpretation to social partnership.

In the theory principles of social partnership also are allocated. So, according to A.A.Fedulina, «the social partnership is under construction on principles of legality, voluntariness, democratic character, interaction, competition, competitiveness, rivalry, struggle, the compromise, a consensus and tolerance» [206]. Standard isolation, i.e. isolation of norms forming the legal institution in heads, sections, parts, other structural parts of the law or other regulatory legal act, norms about social partnership also is available. In Labour code RK there is special Section 4 «Social partnership and collective relations in work sphere». Moreover, originally in Republic Kazakhstan «Law RK has been passed About social partnership in Republic Kazakhstan» from December, 18th, 2000 № 129-2. However it is impossible to tell, that considered norms possess completeness of adjustable relations. Norms existing for today about social partnership obviously insufficient for all-round regulation of relations on social partnership.

Despite it, it is not necessary to consider considered norms as subinstitute (a legal institution component) any concrete branch of law. The given body of rules has interbranch character. Thus, norms about social partnership represent the interbranch legal institution. As the legal institution social partnership represents the body of laws, regulating mutual relations between citizens of Republic Kazakhstan (their representatives in the name of public associations), subjects of business (their representatives), the state bodies, the local governments, the coordination of their interests directed on maintenance.

The given institute will develop, however, we believe, that while there are no bases to recognise the body of rules about social partnership branch of law.

Proceeding from specified above the thesis about interbranch character of institute of social partnership, it is possible to draw a conclusion that norms about social partnership should not contain within the limits of the standard legal act of one branch of law – the law of master and servant. Possibly, it is necessary to return to initial model – to the separate law «About social partnership in Republic Kazakhstan». Or to make codification of legislation RK about social rights of citizens, obrazuemyh them communities, and their maintenance, and to accept the Social code of Republic Kazakhstan and to provide one of heads of the given code the head «About social partnership in Republic Kazakhstan».

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A source: AU TATYANA IVANOVNA. Problems of social statehood in Republic Kazakhstan (In a context of comparison with experience of the Russian Federation). The DISSERTATION On competition of a scientific degree of the master of laws. Moscow - 2014. 2014

More on topic § 4. Problems of interaction of the state, economic sector, political institutes and public associations in maintenance and protection of social rights of citizens of Republic Kazakhstan. Questions of social partnership:

  1. § 1. Social and economic human rights and the citizen as a basis of social statehood in Kazakhstan
  2. § 2. The concept of the social state and social statehood as political, obshchepravovaja and konstitutsionno-legal model: history of occurrence and development, feature of display in Kazakhstan
  3. § 5. Performance of the international obligations by Dominican republic on protection of economic, social and cultural human rights
  4. 5.2. Interaction of police with public associations and other institutes of a civil society at maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  5. § 2. The basic directions and priorities of the state social policy of Republic Kazakhstan
  6. § 1. Theoretical and konstitutsionno-legal approaches to understanding of the social state and social statehood in Kazakhstan and Russia at the present stage
  7. § 1.2. Forms and ways of protection of the rights of citizens in social security sphere
  8. § 2.1. Sanatorium treatment of the citizens having the right to the state social help in the form of a set of social services
  9. § 1.3. Protection of the rights of citizens in the field of social security by courts of justice of various levels
  10. § 2.4. Judicial protection of the rights of citizens on reception of social services
  12. § 3. A role of institutes of a civil society and business structures In development of social statehood in Kazakhstan
  13. § 1. Konstitutsionno-legal model of interaction of associations of citizens, a civil society and the state.
  14. 3. Federal acts for the organisation of activity of law-enforcement bodies should be concretised, regarding the questions, concerning maintenance of realisation of the political rights and freedom of citizens.
  15. maintenance with medical products in system of the state social help and social support
  17. § 2. Possibilities of the account foreign (including Russian) experience of formation of social statehood In Republic Kazakhstan
  18. Despite numerous economic, political and social distribution costs of the check, the real base problem has been executed – mass redistribution and fastening of the property rights in scales of Russia is carried out.