THE IMPORTANCE OF SUPREME COURT NORMATIVE RESOLUTIONS OF REPUBLIC OF KAZAKHSTAN AS A SOURCE OF THE FUNCTIONING LAW
DOI:
https://doi.org/10.26577/JAPJ202511312Abstract
In the legal system of the Republic of Kazakhstan, the normative rulings of the Supreme Court occupy a pivotal position among legal acts that form the foundation of legal regulation. These rulings are developed based on a comprehensive analysis of judicial practice and are aimed at unifying the interpretation of legal norms, as well as ensuring their consistent and uniform application in judicial practice. Their significance lies in eliminating legislative gaps and legal uncertainty, which is achieved by enhancing the stability and predictability of judicial decisions, as well as fostering transparency in the law enforcement process. Thus, the normative rulings of the Supreme Court perform a crucial function in ensuring the integrity, coherence, and sustainability of the country’s legal system.
This article provides a comprehensive analysis of the legal nature of the normative rulings of the Supreme Court of the Republic of Kazakhstan, their significance within the system of sources of law, and their influence on the development of judicial practice. The study examines their role in strengthening the rule of law, protecting citizens’ rights and freedoms, and the mechanisms that contribute to the effective organisation of judicial law enforcement. Special attention is given to the binding nature of normative rulings, their correlation with legislative acts, as well as the specific features of their development and approval procedures. As a result, the article positions the normative rulings of the Supreme Court as one of the key instruments in ensuring the integrity, consistency, and stability of the state's legal system.
Based on the research conducted, the author concludes that the normative rulings of the Supreme Court hold a central place in the legal system of the Republic of Kazakhstan. By performing both regulatory and interpretative functions, these acts ensure the stability of legal regulation, contribute to the uniform application of legislation, and serve as benchmark legal guidelines for lower courts. Their thorough study and proper application are essential elements of judicial practice, as their content and legal positions play a decisive role in shaping judicial rulings and in the professional activities of legal practitioners. Thus, the normative rulings of the Supreme Court represent an effective legal instrument that directly influences the country's law enforcement practice and ensures the fair and consistent administration of justice.
Keywords: regulatory rulings, the Supreme Court of the Republic of Kazakhstan, sources of law, judicial practice, law enforcement, legislation, legal system, rule of law.