CONSTITUTIONAL-LEGAL WAYS OF PROTECTION OF RIGHTS AND FREEDOMS OF MINORS IN SYSTEM OF JUVENILE JUSTICE

Конституционно-правовой способы защиты прав и свобод несовершеннолетних в СИСТЕМЕ правосудия
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Protection of life and health of youth and formation in this regard of state policy on protection of rights, freedoms and legitimate interests of younger generation as independent activity of state bodies and society in general is one of the priority tasks designated in Strategy "Kazakhstan-2030" [1, page 32].
The social essence of state legal policy (juvenile policy) on realization of protection of rights, freedoms and legitimate interests of minors, and in this aspect the value of right is that it carries out regulating impact on the public relations, forming defined "measured environment" (B. A. Kistyakovsky) of [2] interactions of subjects in a certain space of time. In this context, Russian pre-revolutionary lawyer S. A. Muromtsev absolutely fairly noted in due time that the right "isonly means to achievement of some cultural purposes" therefore its functioning "has to be estimated from the point of view of the purposes" [3, page 51]. It is obvious that the right as however, state juvenile policy conforms to the certain functional requirements consisting in providing rather steady and stable existence of social system, its integrity and unity, protection of the national and cultural standardized activity providing succession and reproduction basic (valuable and motivational, spiritual and moral, etc.) integration bases of concrete society in questions of full development of institute of rights and freedoms of child.

Summary. Protection of life and health of youth and formation in this regard of state policy on protection of rights, freedoms and legitimate interests of younger generation as independent activity of state bodies and society in general is one of the priority tasks designated in Strategy "Kazakhstan-2030". The social essence of state legal policy (juvenile policy) on realization of protection of rights, freedoms and legitimate interests of minors, and in this aspect the value of right is that it carries out regulating impact on the public relations.
Keywords: rights and freedoms of minors, juvenile justice, state policy, realization of right.

Famous theorist of law L.S. Yavich wrote that "implementation of right – a way of life, existence, action, performance of the main social function of it. The right is nothing if its provisions don't find realization in activity of people and their organization, in public relations. It is impossible to understand the right if to distract from the mechanism of its realization in life of society" [6, page 200-201].Proceeding from the maintenance of aforesaid, to understand legal essence and legal value of institute of realization and protection of rights and freedoms of minors, first of all, it is necessary to analyze semantic concept of legal categories "realization of right" and "protection of right".The word "realization" literally comes from Latin “realis” – "material" and literally meansobjectification. Presently "realization" is defined as implementation of something, carrying out in life of any plan, project, program, intention, etc.The term "realization of right" is similar on sense. The right as something non-material as a certain opportunity is realized, carried out in actions, in active behavior of people, in use of material and cultural wealth, benefits [7, page 179]. From here becomes clear that though adoption of laws and other normative legal acts extremely important, crucial importance has implementation in our life, in practice of obligatory requirements containing in them.Norms formulated in laws and other normative legal acts only then become live when they are embodied actually, and realized in conscious and strong-willed acts (actions) of people [8, page 605].What does realization of right represent, and in what forms it is shown? There is a huge massif of literature devoted to consideration of this question. Realization of right, as well as its forms, is understood far unequally. In one cases speak about realization of right as about certain, strictly caused process of implementation of legal instructions in behavior of people. Quite typical the definition according to which it acts as "such behavior of subjects of law in which practical activities of people on implementation of right and performance of legal duties are embodied instructions of precepts of law (lawful behavior). In other words, realization of right is considered as an embodiment in acts of people of those requirements which in general form are expressed in norms of law as concrete manifestation of process of legal regulation" [9, page 282]. This is the fullest and resisted definition of realization of right.In other cases realization of right is considered not only as process or external manifestation of process of legal regulation, but also as its final result. In this aspect realization of right is defined as achievement of full compliance between requirements of norms to make certain acts or to refrain from their commission and the sum of actually followed actions.In theories of legal thought, the fullest answer to this question, it is traced in statements of L.A. Morozova who pays attention to the following features which isolate general regularities inherent in that and other legal category:- realization is always connected with lawful behavior. Only lawful behavior of participants of public relations realizes rule of law, illegal actions break it;- first of all, that subject who has subjective rights is interested in realization of right because as a result of realization can get certain benefits, achieve necessary objectives, satisfy interest, etc.;- realization is not monotonous, unilinear action of right, it is carried out in various forms as public relations which the right influences, methods of legal regulation aren't identical, legal status of subjects of law isn't identical, types of legal norms are various, etc.Thus, we agree that, it is necessary to understand process of embodiment of legal instructions in behavior of subjects of law as realization of right.