THEORETICAL AND LEGISLATIVE FOUNDATIONS OF CONSTITUTIONAL JUSTICE IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The relevance of the study is determined by the ongoing processes of constitutional reform in the Republic of Kazakhstan, aimed at strengthening democratic institutions, ensuring the supremacy of the Constitution, and expanding mechanisms for the protection of citizens’ rights and freedoms. The article examines the theoretical and legislative foundations of constitutional justice in Kazakhstan.

The purpose of the study is to conceptualize the theoretical and legal principles of regulating constitutional justice, based on the provisions of constitutional law theory and the practice of their legislative implementation. The methodological framework includes general scientific methods such as analysis and synthesis, induction and deduction, abstraction and generalization, as well as specific methods, including comparative-legal and lexical-legal analysis.

 The scientific novelty lies in substantiating the necessity of legitimizing the activities of constitutional courts through the mechanism of a referendum, given their unique status as the supreme body of control over state authorities. The results show that the Constitutional Court of the Republic of Kazakhstan operates within a legitimate legal framework, and its decisions hold unquestionable legal authority. A key innovation of the Constitutional Law “On the Constitutional Court” is granting citizens the right to directly appeal to the Court in cases of violations of their constitutional rights and freedoms, which strengthens the democratic and humanistic character of national constitutional justice. The practical significance of the study is determined by the possibility of applying its findings for further theoretical and practical understanding of the role of the Constitutional Court and for improving national legislation in this field.

The scientific article was prepared as part of the implementation of the grant project «The collapse of the Russian Empire and the revival of Kazakh statehood: a historical and legal analysis», funded by the Science Committee of the Ministry of Science and Higher Education of the Republic of Kazakhstan (AR19678348).

Keywords: Constitution, legislation, constitutional justice, Constitutional Court, legitimacy, constitutional complaint.