ISSUES OF LEGISLATIVE AND SUBORDINATE REGULATION OF PUBLIC RELATIONS (some theoretical and legal aspects)

Authors

  • Ramazan Kumarbekovich Sarpekov Institute of Legislation and Legal Information of the Republic of Kazakhstan

DOI:

https://doi.org/10.52026/2788-5291_2023_75_4_203

Keywords:

laws, by-laws, legislative regulation, by-law regulation

Abstract

 In this article, the author draws attention to some problems in the legislative regulation of the competence of state bodies, emphasizes the relevance of the distinction between legislative and subordinate regulation of public relations. The author raises questions of the general legal nature of legislative and subordinate regulation of public relations; the opinions of prominent representatives of the scientific community regarding the constitutional and legal foundations of legislative and subordinate regulation of public relations are given. Within the framework of the study, such concepts as "law", "subordinate legal acts", "objects of legislative regulation", "criteria for distinguishing subjects of legislative and subordinate regulation", etc. are analyzed.

The article deals with the problems of the relationship between the law and the by-law through the analysis of legislation on the status of state bodies. According to the author of the article, the limits of legislative regulation provided for in subparagraphs 1)-11) of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan are not exhaustive.

The article attempts to determine the special role of legal doctrine in the mechanism of state regulation, thereby indicating that theoretical and legal studies that have a complex character, are distinguished by depth and multidimensional, and have received official public support, should be the basis for further development of legal policy and legal reforms in the country.

The author draws attention to the need for a critical understanding of the fact that legislative regulation of the issues of differentiation of the subjects of regulation of legislative and subordinate normative acts will help to reduce the possibility of adopting narrow departmental acts restricting the rights and freedoms of citizens and legal entities, as well as imposing duties on them that are not provided for by legislative acts.

Author Biography

Ramazan Kumarbekovich Sarpekov , Institute of Legislation and Legal Information of the Republic of Kazakhstan

Candidate of Legal Sciences, Honored Worker of Kazakhstan

Published

29.12.2023

How to Cite

Sarpekov . Р. К. (2023). ISSUES OF LEGISLATIVE AND SUBORDINATE REGULATION OF PUBLIC RELATIONS (some theoretical and legal aspects). Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(75). https://doi.org/10.52026/2788-5291_2023_75_4_203