CONSTITUTIONAL MONITORING AS A TOOL FOR CONSTRUCTIVE DEVELOPMENT OF THE NATIONAL LEGAL SYSTEM

Abstract

This article is dedicated to the study of prospects and prerequisites for the development of constitutional monitoring in Kazakhstan. Constitutional monitoring is viewed as an effective tool for identifying deficiencies in the national legal system and determining directions for its improvement. To describe the existing prerequisites for the implementation of constitutional monitoring, the author refers to the example of the latest constitutional reform and the genesis of monitoring development, which allows the conclusion to be drawn about its progressive development. The article proposes to define the object, criteria, and methodology for conducting constitutional monitoring, as well as approaches to its implementation and achievement of goals in Kazakhstan. The author recommends taking into account the experience of other countries and international organizations, ensuring transparency and objectivity of constitutional monitoring, establishing clear criteria and indicators, involving independent experts and civil society. The object of constitutional monitoring is proposed to be considered in a broad sense, covering existing law and law enforcement practice. Criteria for conducting constitutional monitoring are recommended to be determined based on the approaches of the United Nations and the Venice Commission of the Council of Europe, and the methodology for analyzing and evaluating criteria can be developed based on internationally recognized tools such as the Rule of Law Index or the Corruption Perceptions Index, among others. In conclusion, the author emphasizes that systematic constitutional monitoring is a necessary condition for achieving stability and progressive development of the country's legal system.

The article has potential value for several audiences. Firstly, policy makers and legislators who are striving to improve Kazakhstan's legal system can use its recommendations to develop effective strategies. Secondly, this article may be useful for students, legal scholars, human rights activists, and anyone interested in legal issues. It will help to gain a more structured understanding of the prospects for the development of constitutional monitoring in the context of Kazakhstan, as well as recommendations for the application of modern international standards and practices in this process.