First of all it should be noted that the reached serious achievements in development of the rights and freedoms of the person in our society. Achievement of effective system protection of the rights and freedoms of the person is impossible without protection of honor and dignity of Kazakhstan citizen playing an important role in implementation of state policy of the country.
Concepts of honor, advantage are known to mankind since the most ancient times. In Kazakhstan they are protected by the state and the right. The right to honor and reputation is the major social and legal value and requirement for any state and society.
The right to honor and reputation is the integral and unalienated personal right of Kazakhstan citizen which exists constantly and belongs to everyone from the moment of the birth. However it isn't necessary to forget about what education process in Kazakhstan citizen of feeling of honor and advantage and need of respect of these categories and others from this point has to be carried out: at first in a family, then in the educational establishment, labor collective, and also by means of other public and state institutes. Meanwhile the right to honor and a reputation of Kazakhstan citizen is the absolute subjective right that is, the subjective right of the authorized person is corresponded by a duty of an uncertain circle of the person. The essence of this duty consists in abstention from infringement of honor and a reputation of the individual Kazakhstan citizen /1/.
It is necessary to mention that neither in the legislation of Kazakhstan, nor in politico-legal literature doesn't have accurate definitions of these concepts, there are contradictions and a contradictory. Concepts - honor, advantage, reputation and - are defined as moral categories close among themselves. By consideration of the current legislation of the Republic of Kazakhstan and judicial practice the attention that phrases are often used is paid: "honour and dignity protection", "humiliation honour and advantages". In the Republic of Kazakhstan Constitution to concept of honor it is advisable to add "reputation", and, for example, in the Code of civil procedure of the Republic of Kazakhstan (section I) to the phrase stated above to add the business reputation.
Honor is the objective assessment of the personality defining the relation of society to the citizen, is a socio- political assessment of moral and other qualities of the personality. The public assessment doesn't depend on will and desire of the most estimated person. It is impossible to deny possibilities of formation of the wrong public assessment in relation to someone. Therefore honor is a positive socio-political assessment of qualities of Kazakhstan citizen.
The dignity of Kazakhstan citizen is a value internal judgment of as persons, awareness of the moral, professional and other qualities, abilities, outlooks, the public- political values. The self-assessment is based on developed in Kazakhstan society of idea of spiritual, physical and moral qualities of Kazakhstan citizens.
Advantage is the integral property of Kazakhstan citizen belonging to him irrespective of the fact how he and people surrounding it perceive and estimate his personality.
Indissolubly with honor and dignity of the Kazakhstan citizen there is also such concept, as its reputation. The reputation of Kazakhstan citizen depends on him as it is formed on the basis of his behavior. It can be positive or negative and over time changes as is based on concrete information. In General Declaration of human rights, the concept "reputation" is identical to the concept "reputation", positive reputation thus means. It is represented that in the Republic of Kazakhstan Constitution it is necessary to use the concept "reputation" as more wide and at the same time concrete according to the contents, than the concepts "business reputation" or "reputation". It would be result of specifics and riches of the Russian-Kazakh language. The reputation is a reflection of a steady positive assessment of business and other qualities of Kazakhstan citizen in public consciousness.
The public assessment of behavior of the personality is very great for each member of Kazakhstan society therefore it has to be enough objective considering all sides of analyzed situations. In practice in attention the position of the Kazakhstan citizen not only concerning political life, but also on various moments of private life is accepted. It is known, that even in an enterprise activity at a choice of contractors preference you give to the persons which were married, as more reliable.
Today in connection with prompt development of means of telecommunications and increase of a role of mass media there was actual the development of institute of judicial protection of honor, advantage and business reputation and from encroachment to them. The section II, of Art. 13 of the Constitution of the Republic of Kazakhstan says that judicial protection of its rights and freedoms is guaranteed to everyone /2/. Real legal protection of honor and reputation of citizens is provided, first of all, by norms of criminal and civil rights of the Republic of Kazakhstan. Thus civil -criminal and legal ways provide the unequal volume of protection. The first way allows to protect citizens from distribution of discredit and untrue data. And at the second way responsibility and for truthful messages, expressed in offensive form, and also in case of infringement to inviolability of private life is possible.
The constitution of the Republic of Kazakhstan, guaranteeing protection of honor and a reputation, means the person, that is any individual in depend from age, sex, property, official capacity and other obligations owing to equal rights and freedoms of the person /2/.
The statistical data obtained during research showing tendencies of growth of number of claims about protection of honor, advantage, business reputation to mass media are of interest. So, if to compare number of the statements of claim submitted to courts of law in the territory of Kazakhstan in 1997 and in 2005, it is possible to see that the increase occurred approximately by 3 times. Results of the analysis of jurisprudence testify, first of all, about legitimacy and validity of many declared claim requirements to mass media, and also that, as a rule, mass media break honor and advantage not ordinary citizens, and persons, taking a certain official position or representing a certain public interest. Moreover, in spite of certain economic, political and legal stability, it is visible that interest of the Kazakhstan citizens to problem protection of honor, advantage and business reputation doesn't weaken.
Ensuring the most fair, fast and effective restoration of the violated right or compensation of the done harm has to be the most important problem of the constitutional state. For example, only by results of one check from 18 thousand which have been carried out in 2005 in the sphere of supervision of legality in activity of government bodies, the prosecutor's office of the Republic of Kazakhstan restored the violated rights more than 149 thousand disabled people and the old men being in nursing homes.
Annually on protests of prosecutors about 25 thousand illegal acts adopted at different levels of the power are cancelled is frequent to the detriment of legitimate interests of an unlimited circle of people. It is necessary to pay attention that owing to relevance now protection of honor and a reputation expediency of adoption of the special republican law opening the main concepts, concretizing the right to protection of these values is obvious. It is dictated not only by socio-political circumstances, but also caused by that, the current legislation of the Republic of Kazakhstan protects honor and advantage not in full, fragmentary regulates separate manifestations of encroachments and infringement of honor and advantage. Besides, in our opinion, it is necessary to make changes to Art. 9 of CCP of RK, which would allow in the civil way to protect reputation of the individual. And the section I, Art. 13 of the Criminal Procedure Code (CPC) of RK is offered to add as follows: "3. The slander, that is distribution of obviously false data discrediting advantage, honor or reputation of other person is subject to criminal liability".
It is necessary to tell that declaration of honor and dignity protection of the person doesn't mean that these protections of people uses; honor and dignity protections of the person can't be realized by their declaration, and also by education. They find the real contents if they are provided, guaranteed in concrete villages, auls, areas, regions of Kazakhstan and other countries of the world. As far as it is provided in Kazakhstan and the countries of world community including in those which leaders are louder than others shout about the rights and freedoms, honor and the dignity of the person, it is possible to understand, in particular, on such examples. In the developed countries of the West approximately each of 10-15 able-bodied people is an unemployed; and in Central Asia about 30% of the population of the unemployed; in the developing countries of Asia and Africa the considerable part of the population starves; Americans receive for equal work much less, than Americans; 40 years Israel occupies the Arab lands, and Iraq is under occupation of the USA etc.
That fact that the rights and freedom, honor and the dignity of the person in modern Kazakhstan /3/ and the world is provided far not in full, doesn't mean that they aren't subject to progress. In process of historical development of society honor and dignity protection of the person extends, filled with the new contents.
It is possible to make a conclusion that one of the politological, legal problems affecting Kazakhstan, the world community as a whole, is a problem of honor and dignity protection of the person as implementation of a state policy. This problem got a special actuality in the XXI century. Honor and dignity protection of the Kazakhstan citizen is a result of scientific state policy, achievement of the Kazakhstan right and political and legal culture of multinational Kazakhstan people.
- Sozialphilosophische, politische und rechtliche Aspekte der Modernisierung – Berlin, 2012. - S. 135-136.
- Конституция Республики Казахстан. – Астана, – С.8-9.
- New Silk Road and Global – Guanju, 2012. - P.10-11.