HUMAN RIGHT TO A FAIR TRIAL UNDER INTERNATIONAL LAW AND NATIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

Abstract

Human as an individual has the inviolable rights proclaimed in international conventins, declarations, constitutions and laws of states. Human rights cannot be bought or inherited, they are “inalienable” and no one has the right to violate them. As stated in The International Bill of Human Rights, including Universal Declaration of Human Rights of 1948, International Covenant on Economic, Social and Cultural Rights of 1966 and International Covenant on Civil and Political Rights of 1966 and other international legal acts, these rights are inherent to every human being, regardless of race, color, sex, language, religion, political or other opinion, nationality, property status, status of birth. One of the significant human rights listed in these international legal documents is a human right to a fair trial. The role of human right to a fair trial is particularly important in the relationship between citizen and state, since every democratic state is required, according to international obligations, to meet the basic needs of people and respect human rights in courts within its jurisdiction. This article aims at determining and describing the term of the “Human right to a fair trial” under international law and national law of the Republic of Kazakhstan, outlining the main activity of the United Nations system in the sphere of providing human right to a fair trial. Moreover, analysis of observing human rights in court proceedings in the Republic of Kazakhstan and Macedonia has been carried out in the present article.