SPECIFICS OF DECISIONS OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN THAT AFFECT THE FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM

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DOI:

https://doi.org/10.26577/JAPJ.2020.v93.i1.06
        69 46

Abstract

This article reveals the specifics of the activities of the constitutional Council of the Republic of
Kazakhstan, as the main body responsible for monitoring the implementation of the main legal act of
the state of the Constitution. The constitutional Council of the Republic of Kazakhstan, when exercising
its powers, is independent and independent from state bodies, organizations, officials and citizens, is
subject only to the Constitution of the Republic and cannot proceed from political or other motives, and
also exercises its powers in accordance with the current legislation.
One of the institutional components of developing constitutionalism in sovereign Kazakhstan, the
most important element of the mechanism for protecting the Constitution, ensuring compliance with it
of all legal acts in the Republic of Kazakhstan is the constitutional Council – the body of constitutional
control. Improvement of its activity is considered as one of the directions of building a legal, democratic,
social state. The question of whether the decisions of the constitutional control body are among the
sources of law, whether the decisions of the constitutional Council and the constitutional courts of other
States are normative in nature, is debatable in the literature.
In the course of writing, research methods were applied: General methods-analysis, synthesis, dialectical
method, historical method, structural and functional method, sociological method, statistical
method.
Key words: Constitution, normative act, legal act, rights, obligations, state body.

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Published

2020-05-01

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Section

CONSTITUTIONAL AND ADMINISTRATIVE LAW