CERTAIN QUESTIONS OF DEFINITION OF LEGISLATIVE AND SUBLEGAL REGULATION
DOI:
https://doi.org/10.52026/1994-408X_2021_64_1_22Keywords:
Constitution, law, legislative act, hierarchy of legal acts, by-law, legislative competence, delegated legislationAbstract
The legislative competence of the Parliament and its chambers is of paramount importance for the formation of the legal foundations of Kazakhstani statehood, the protection of the national sovereignty of individual rights and freedoms and the implementation of socio-economic and political transformations in society.
In this article, the authors draw attention to some gaps in the legislative regulation of the competence of the Parliament and its chambers, actualize the need to distinguish between legislative and subordinate regulation, the official interpretation of certain constitutional norms, as well as the need to adjust the concepts contained in the Constitution and the Law «On Legal Acts».
According to the authors of the article, the study of the legal nature of the legislative powers of the Parliament, enshrined in the Constitution, as well as the concept of rational parliamentarism, approved in Kazakhstan as a result of the constitutional reform of 1995, requires a scientific analysis of the concepts of «competence», «the most important spheres of public relations», «Legislative act», «subordinate act», «pursuant to» and other concepts related to the sphere of legislative and subordinate regulation.
In the article, the authors draw attention to the fact that the content of the norms of the Constitution of the Republic of Kazakhstan, as well as the Constitutional Law
«On the Parliament of the Republic of Kazakhstan and the status of its deputies» limits the scope of legislative regulation and does not allow the Parliament and its chambers to expand their legislative competence.
Based on the study of some issues of differentiation of legislative and subordinate regulation, the authors draw attention to the need for a critical understanding of the institution of delegated legislation and possible implementation in practice with the temporary transfer of these functions to the Government under conditions of an emergency or other crisis situation.
Assigning delegated rule-making to the Government, and temporarily expanding its competence will make it possible to intensify and speed up the processes of making government decisions in crisis situations.
