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Social, economic and cultural rights and freedoms and their protection from corruption offenses



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3. Social, economic and cultural rights and freedoms and their protection from corruption offenses

For a better understanding of this group of rights and freedoms of man and citizen, it can be considered under each component separately. These components are: 1) social rights and freedoms; 2) economic rights and freedoms; 3) cultural rights and freedoms.


Social rights and freedoms - is a set of constitutional rights or citizens of a particular state, which give him the opportunity to qualify for the state of wealth. These rights and freedoms accepted to the right to social security, the right to education, right to health and medical care, the right to housing, etc.


Economic rights and freedoms - is a set of constitutional rights, the possibility of determining the legal person in the economic sphere. These rights and freedoms include the right to private property, the right to inheritance, freedom of entrepreneurship, freedom of labor, the right to participate in enterprise management, etc.

Cultural rights and freedoms - is a special set of rights and freedoms, which consists in guaranteeing the Constitution and the law of the individual opportunities in the field of cultural and scientific life.


By Cultural Rights adopted the ratio Sit right to education, freedom of teaching (academic freedom), freedom of creation, the right to participate in cultural life and use cultural establishments and the right of access to cultural values ​​*.

Consideration of these groups' rights and freedoms in the same context is because their basis is seen in the provision of Article 3 of the Universal


Declaration of Human Rights: "Every worker has the right to just and favorable remuneration ensuring a __________________
*См.: Большой юридический словарь. – М.: ИНФРА-М. – 2002. – С. 296, 579, 687.
dignified existence for himself and his family"*. The analysis of this provision suggests that it directly affects the implementation of social, economic and cultural rights and freedoms.
The group of social, economic and cultural rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan are:
1) freedom of expression and creativity (art. 20);
2) the right to freedom of labor, free choice of occupation and profession (Art. 24);
3) The inviolability of the home (Art. 25);
4) The right to private property (art. 26);
5) the freedom of business activity (Art. 26);

6) the right to education (Art. 30);


7) the right to participate in managing state affairs (art. 33), and others.
Allowing corruption offenses in the implementation of human and citizen social, economic and cultural rights and freedoms entails liability under the law. At the same time in separate regulations Constitution of the Republic of Kazakhstan has a direct reference to the gratuity of the person of a right. This fact in itself is characterized as anti-corruption prescription.
Thus, in accordance with paragraph 2 of Article 29 of the Constitution of the Republic of Kazakhstan citizens are guaranteed free secondary education in state educational institutions. This secondary education is compulsory. The citizen is entitled to receive on a competitive basis a higher education
state higher educational establishment.
_____________________
*Примечание: Всеобщая декларация прав человека – принята Генеральной Ассамблеей ООН 10 декабря 1948 года.


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