The topic of the study is related to the assessment of the enforcement of international standards of
labor and social protection when deciding decisions by the courts, when substantiating the motivation of
decisions made, and resolving essentially individual labor disputes. The objective need for the courts to
apply the principles and norms of social and labour law contained in ILO instruments is, above all,
linked to the consolidation of guarantees of human rights and freedoms at a higher level than in national
legislation. In the process of application by the courts of the principles and norms of labour and social
law contained in international treaties of Kazakhstan, judicial control over their implementation is
ensured and, in general, law enforcement is carried out in the domestic sphere, which directly
contributes to the implementation of international labour law in the legal system of the State and is
essentially the main channel for the penetration of universal norms into national law.
The results of the study refute the fact of sufficient and complete implementation in judicial practice
of a legally significant element of the existing law - international treaty obligations of Kazakhstan. As a
result of the analysis of the decisions of the courts of first instance, appeal and cassation to resolve social
and labour disputes, we have established the forms of application of international acts in judicial
practice. In total, during the period of 2016-2021. The 890 of decisions of the first instance on labor
disputes and 284 - on social, as well as for the period of 2012-2021 were analyzed. Official judicial
statistics on civil proceedings before the courts of first instance, appeal and cassation. The article
contains conclusions from an assessment point of view on the problematic aspects of methods used by
national courts. It has been proved that ILO acts are not an important, binding and legally relevant part
of existing social and labour law in the delivery of court decisions in Kazakhstan. Barriers to the
enforcement of international treaties in the consideration of social and labor disputes have been
identified.
INTERNATIONAL INSTRUMENTS AS PART OF EXISTING LAW IN KAZAKHSTAN: FROM CONSTITUTIONAL VALUE TO APPLICATION BY THE COURTS (USING ILO CONVENTIONS AS AN EXAMPLE)
Published March 2022
Abstract
Language
Русский
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