Expert opinion: Meruert Absatova
05.09.2020
The Republic of Kazakhstan is a social state, where the issue of social security of citizens is a priority and strategic task. Today, there is a large number of laws and regulations on social security, which are constantly being amended and supplemented, which makes it difficult to enforce and implement them. As the Head of State noted in his Address to the people of Kazakhstan, the social security area is regulated by 17 laws and dozens of bylaws. The complexity and fragmentation of regulation, problems of social responsibility, and citizens' lack of understanding of their own rights resulted in the development of the Social Code. This Code will focus on creation of the unified state system of social security, securing social rights of citizens in all spheres of life, providing benefits, payment of wages and child allowances, support for vulnerable social groups, increasing employment. Positive experience in applying an analog of the Social Code is available in such countries as France, Sweden, Germany, Luxembourg, Portugal (Code of composite regimes of social security system), Senegal, Bolivia, the Russian Federation (social codes of several federal subjects), etc. Furthermore, there are reference international acts: the European Code of Social Security and the Ibero-American Social Security Code. The European Union applies the Social Security Code, which requires member states to include a number of standards in their social security systems. These standards include a minimum level of social assistance in areas such as health care, pensions, disability benefits, unemployment benefits, survivor benefits, etc. The Ibero-American Multilateral Agreement on Social Security guarantees the rights of workers and their families to a funded old-age, disability or survivor's pension within the common territory of the Ibero-American States (22 countries in Latin America and the Caribbean). In general, the above-mentioned social codes establish the basis for legal regulation of social relations, fix the social rights of citizens and the mechanism for their implementation, and include all issues of social security, such as social and medical services, pensions, benefits, insurance, etc. Thus, the adoption of the Social Code will make it possible to streamline and systematize the legal framework and increase the importance of relations in the area of social security.
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