CONSTITUTIONAL AND LEGAL GUARANTEES OF THE ACTIVITIES OF A JUDGE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KAZAKHSTAN AND FOREIGN COUNTRIES

Abstract

The scientific work contains a comprehensive study of theoretical and practical aspects of ensuring legal guarantees for the activities of a judge of the Constitutional Court of the Republic of Kazakhstan (hereinafter CCRK) in comparison with countries with extensive experience in this area. Selectively, the following countries are considered: Federal Republic of Germany (a historically established Constitutional Court), the Russian Federation (historically, the Kazakhstan and the Russia were part of the Union for a long time), Poland (The Constitutional Tribunal was created under the influence of the Union, earlier than in the CIS countries). The author, using scientific methods in comparison with similar mechanisms existing in the above-mentioned countries, examines the key aspects of the main element of the status of a judge of the Constitutional Court (hereinafter CC). The main attention is paid to the analysis of the guarantee of the activity of the judge of the CC, such as independence, immunity, provision of financial and social conditions. The legal consolidation of guarantees in the Constitution and other acts in the specified countries has been studied in detail. The scientific work emphasizes that if the main guarantees of the activities of the CCRK judge are enshrined at the constitutional level, then a more detailed description of them could be in a special Law. The need for further improvement of national legislation, taking into account international experience in providing guarantees to a judge of the CC, is substantiated. Conclusions are made that sustainable legal mechanisms for protecting the status of a CC judge contribute to strengthening the rule of law and trust of society, and a number of proposals for strengthening this institution are also identified.