LEGAL POSITIONS OF THE CONSTITUTIONAL COUNCIL OF THE RK: ESSENCE, LEGAL SIGNS AND SIGNIFICANCE IN THE CONSTITUTIONAL LEGAL REGULATION

Abstract

The article discusses the issues of the legal nature of the legal positions of the Constitutional Council of the Republic of Kazakhstan, their content and essential features. It is concluded that, despite a sufficient number of works devoted to the legal positions of the constitutional control body of the Republic of Kazakhstan, they mostly reflect individual aspects of this category, show the subject area of specific social relations, without affecting the essential characteristics of this concept. The work pays considerable attention to the analysis of the positions of the researchers of Kazakhstan, who devoted their scientific research to certain types of legal positions of the Constitutional Council. By analogy, the authors consider the works of Russian scientists of the legal nature of the body of constitutional control of the Russian Federation.

Based on the results of the analysis of the conclusions of the scientists of Kazakhstan, the work indicates that they characterize various facets of the studied phenomenal phenomenon, legal positions, and do not give a generalizing definition as an established doctrine. In this regard, the authors believe that it is necessary to highlight in the system of legal positions those of them that have a law-enforcement nature, and separately consider the legal positions of the law-making content. Based on the synthesis of various scientific approaches on the essential characteristics of legal positions in the aspect of their argumentation capabilities, the authors believe that in the conclusions put forward, views and opinions of all members of the constitutional control body; reflection of legal positions in the form of legal provisions in the operative part of normative decisions; in the aspect of their connection with legal thinking; with the issues of impossibility of their identification with normative decisions, since legal positions are the core of decisions of the Constitutional Council of the Republic of Kazakhstan. Considering the important role of the Constitutional Council, its legal positions in strengthening constitutional legality in the country, sovereignty and territorial integrity of the country, this article is dedicated to the 30th anniversary of the Independence of the Republic of Kazakhstan.