La implementación de cambios a gran escala en el campo del sistema nacional de educación superior, su integración en el espacio educativo mundial también requiere cambios en la regulación administrativa y legal de las relaciones que tienen lugar en el campo de la administración pública de la educación superior. El propósito de este documento es el análisis de los aspectos problemáticos de la regulación legal de la educación superior y la autonomía de las instituciones de educación superior en Kazajstán.
The relevance of the topic is determined by the needs of modern Kazakhstani society in an independent judiciary and highly professional judges, capable of being a genuine guarantor of human and citizen rights and freedoms. Based on the study of the OECD countries’ experience, it is argued that it is the judicial education that plays a key role in the formation of an independent, highly professional judiciary. The current state of judicial education in the Republic of Kazakhstan and its development issues are considered. Prospective directions of its development are justified based on the OECD countries’ experience. A number of measures for improving judicial education is argued to be undertaken: the need for compulsory special training of candidates for the position of a judge, the development of teaching staff through the involvement of the best sitting judges in the training process, and the need to remove judicial education from the executive authorities. The role of new technologies in the development of judicial education is particularly mentioned.
This article substantiates the need to consolidate human rights through various international legal mechanisms, including regional conventions on human rights that reflect specific legal and cultural values. The authors analyzed the Oriental legal values that differ from those in the Occidental. Borrowed elements of foreign culture and standard legal norms do not provide effective implementation of international documents at the national level. In fact, a lot of contemporary conflicts originate in the gap between the official legal ideology and the traditional legal consciousness, which is typical of most Asian countries. The interdisciplinary and civilizational (sociocultural) approaches revealed that most Shanghai Cooperation Organization countries adhere to the so-called Asian values, e.g. collectivism; priority of family, clan, and nation interests; idealization of the authorities; detachment from active political and legal life, adherence to moral norms, etc. The authors believe that, along with the Universal Declaration of Human Rights, there may be regional concepts and international regional acts based on civilizational identity, historical memory and experience. Eurasian countries need a new concept of human rights, which will combine universal and Asian legal values, e.g. priority of the community and state over the individual; the advantage of public order over the personal rights and freedoms; common wellbeing; significance of moral and religious rules; admiration for strong political leaders, etc. This concept will make it possible to integrate Asian mentality, lore, and national philosophy into standard human rights. The concept might help to resolve various conflicts that occur between global legal ideology and traditional legal mentality of most Asian societies.
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