CONSTITUTIONAL CONTROL AS A TOOL FOR IMPRVING LEGISLATION: SOME PROBLEMS

Abstract

The constitutional reforms that took place in the Republic of Kazakhstan in 2022 marked new vectors for further modernization of the legal and political system. The problems of the effectiveness of public administration, the quality of the legislative process, as well as the need to reform the institution of constitutional control, through which the supremacy of the Constitution is ensured in the country and the regime of constitutional legality is maintained, have come to the fore.

World experience shows that constitutional control bodies are involved in almost all spheres of public relations. Judicial constitutional control is the most effective tool for improving legislation, protecting the constitutional system and ensuring the dynamism of the entire legal system.

In this regard, the establishment of the Constitutional Court in Kazakhstan and the return to the judicial model of constitutional justice was the most noticeable result of the reform. According to the norms of constitutional legislation, the Court's activities are aimed at giving an official interpretation of the norms of the Constitution, conducting preliminary and subsequent control, and establishing the correctness of elections and referendums. However, despite the rather wide range of powers, one of the most effective powers of the Constitutional Court has become control over laws adopted by the Parliament of the Republic of Kazakhstan.

Based on the study of the normative decisions of the Constitutional Court and various scientific approaches, the article examines some problems of this form of control, analyzes the reasons for the poor quality of legal acts, provides the legal positions of the Constitutional Court, and draws attention to the need for further improvement of the mechanisms of constitutional control.

The article also shows the role of the Constitutional Court in the implementation of legislation.