THE NEW CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN: THEORETICAL AND PRACTICAL ISSUES OF THE DEVELOPMENT OF THE SYSTEM OF SOCIAL PARTNERSHIP, HUMAN CAPITAL IN LABOR RELATIONS

Abstract

The new Constitution of the Republic of Kazakhstan has established an important legal foundation for the development of the social partnership system and human capital in labor relations. The article analyzes the theoretical and practical aspects of the Constitution’s provisions (Articles 3, 10, 26, 27), which enshrine the right to work, social protection, safe working conditions, and the development of human capital. It examines the objectives set out in the Presidential Addresses of 2021–2024 regarding human capital development, labor market regulation, reduction of social inequality, and strengthening of social partnership. Based on the norms of the Labor Code, the Laws “On Trade Unions” and “On Public Control”, the UN Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights, as well as ILO Convention No. 131, the article explores the role of trade unions in social partnership, the importance of collective agreements, mechanisms for resolving labor disputes through conciliation commissions, and issues of protecting workers’ rights. Gaps in legal regulation at the organizational level are identified, and recommendations are proposed for improving legislation to ensure social stability and protect human capital.